HOUSE JOURNAL for Apr. 29, 1987 - South Carolina Legislature Online

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

WEDNESDAY, APRIL 29, 1987

Wednesday, April 29, 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. M. Randall Jones, Pastor of the Langston Baptist Church in Conway, S.C. as follows:

O God, our heavenly Father,

As we begin this day, we seek to unite our heart with Thy heart, that we might enjoy the blessing of divine companionship in every moment of this day.

We submit our lives to You, that Your will may be manifested through our living. We acknowledge that You are the Almighty whose wisdom never fails.

We beseech thee, O Lord-

Give us provision - that we might know Thy will and understand the ways of our fellow man.

Give us protection - lest the enemy of our souls overwhelm us.

Give us peace in the turmoil of multitudinous tasks - that we might rest in Thee.

Give us a persistant faith - that we might abide in Thee.

May our lips be filled with praises - That we might declare truly - Thine is the kingdom, and the power, and the glory, forever.

In Jesus Christ's dear Name, Amen.

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

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S. C., April 28, 1987

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2449:
H. 2449 -- Rep. T.M. Burriss: A BILL TO AMEND CHAPTER 29 OF TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUSTEES, BY ADDING SECTION 21-29-90 SO AS TO DEFINE AN "AFFILIATED TRUST COMPANY", AUTHORIZE ANY BANK TO DESIGNATE AN AFFILIATED TRUST COMPANY AS ITS AGENT FOR THE PERFORMANCE OF ALL ACTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BANK WITH RESPECT TO ANY FIDUCIARY OR OTHER CAPACITY, AND PROVIDE THAT THE BANK IS FULLY RESPONSIBLE AND LIABLE FOR ALL ACTIONS OF THE TRUST COMPANY AND TO PROHIBIT CERTAIN ACTS IN THE AGENCY RELATIONSHIP.
and has ordered the Bill enrolled for ratification.

Very respectfully,
President.

Received as information.

REPORT OF STANDING COMMITTEE

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

H. 2466 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 19, 1987, AS HISTORY DAY IN SOUTH CAROLINA, AND AUTHORIZING THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.

H. 2466--ADOPTED AND SENT TO THE SENATE

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

Whereas, it behooves state and local government officials and educators to emphasize and direct the attention of our citizens to the importance of being knowledgeable about the history of our great State of South Carolina; and

Whereas, it is the responsibility of educators to expose students to the value and rewards and satisfaction in the study of history and particularly the history of South Carolina; and

Whereas, state and local leaders are requested to provide for the proper observance of this day; and

Whereas, Dr. Charlie G. Williams is requested to notify all school principals to call attention to History Day; and

Whereas, the presidents of all colleges, universities, and technical colleges are requested to emphasize South Carolina history in observance of this day; and

Whereas, it would be fitting for the Confederation of South Carolina Local Historical Societies, which represents the forty-six county historical societies and many other history-related organizations, to use the Hall of the House of Representatives on History Day for an appropriate celebration of this important event. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates November 19, 1987, as History Day in South Carolina and authorizes the Confederation of South Carolina Local Historical Societies to use the Hall of the House of Representatives on that day for the celebration of this event.

Be it further resolved that the General Assembly extends special thanks to Dr. Charles Lee, Executive Director of the South Carolina Department of Archives and History, Christie Fant, Ben Hornsby, Jr., and Trey Stephenson for their outstanding efforts in establishing and promoting History Day in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to each of the following: the Honorable Carroll A. Campbell, Jr., Governor of South Carolina; Dr. Charlie G. Williams, State Superintendent of Education; the presidents of all colleges, universities, and technical colleges in South Carolina; Frank H. Cunningham, 850 Glendalyn Avenue, Spartanburg, S.C., 29302, president of the Confederation of South Carolina Local Historical Societies; Mrs. Sarah C. Spruill, 230 Third Street, Cheraw, S.C., 29520, Vice-president of the Confederation; Mrs. Kevin Kennedy, 418 Cashua Street, Darlington, S.C., 29532, Secretary of the Confederation; Horace Harmon, P.O. Box 637, Lexington, S.C., 29072, Treasurer of the Confederation; Miss Donna Roper, P.O. Box 565, Pendleton, S.C. 29670, District 1 representative to the executive council of the Confederation; Mrs. Charles I. Allen, 101 Arrowood Lane, Laurens, S.C. 29360, District 2 representative; D. Lindsay Pettus, P.0. Box 1075, Lancaster, S.C., 29720, District 3 representative; Mrs. Blake Edmunds, Jr., 1325 Westminster Drive, Columbia, S.C., 29205, District 4 representative; Mrs. Jane C. Davis, 432 Berrie Road, Aiken, S.C. 29801, District 5 representative; C. Alex Harvin, III, P.O. Box 266, Summerton, S.C., 29148, District 6 representative; Mrs. N. Bryant Cooper, 1303 South Main Street, Mullins, S.C. 29574, District 7 representative; Mrs. Patrick J. Doyle, 728 Front Street, Georgetown, S.C., 29442, District 8 representative; Mrs. J. Norman Walsh, P.0. Box 4753, Pinopolis, S.C., 29469, District 9 representative; and Mrs. Joel Patrick, 715 New Street, Beaufort, S.C., 29902, District 10 representative; A. Jack Blanton, P.O. Box 998, Gaffney, S.C. 29342; Dr. Charles Lee; Christie Fant; Ben Hornsby, Jr.; and Trey Stephenson.

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

REPORT OF STANDING COMMITTEE

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

H. 2825 -- Reps. McAbee, Waldrop, Gentry, Kay, Sharpe, Jones, Townsend, Tucker, P. Harris, J.C. Johnson, Carnell, Cooper, T. Rogers, Chamblee, Rudnick, T.C. Alexander, McLellan, L. Martin and Harvin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, MAY 26, 1987, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF UNVEILING A PORTRAIT OF THE HONORABLE WILLIAM JENNINGS BRYAN DORN.

H. 2825--ADOPTED AND SENT TO THE SENATE

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

Whereas, Honorable William Jennings Bryan Dorn, of Greenwood County, has distinguished himself with a long credit of public service to this State; and

Whereas, when elected to the South Carolina House of Representatives in 1939, he was the youngest member of that body; and

Whereas, when elected to the State Senate in 1941 at the age of twenty-four, he was the youngest member of that body; and

Whereas, resigning his Senate seat in 1942, he volunteered for the Army Air Force serving three and one-half years; and

Whereas, he was elected to Congress in 1946 and became one of the youngest members of the Eightieth Congress; and

Whereas, while serving in Congress as Chairman of the Veterans' Committee, he demonstrated a strong commitment for all veterans' concerns; and

Whereas, the members of the General Assembly wish to recognize this great South Carolinian in a fitting manner by hanging a portrait of him in an appropriate place in the State House. Now, therefore,

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 12:00 noon on Tuesday, May 26, 1987, for the purpose of unveiling a portrait of the Honorable William Jennings Bryan Dorn.

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

REPORT OF STANDING COMMITTEE

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

H. 2841 -- Reps. Edwards, M.D. Burriss, Cork and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR DEVELOPMENT OF THE RESOURCES OF THE ARCTIC NATIONAL WILDLIFE REFUGE (ANWR) COASTAL PLAIN TO PROVIDE FOR FUTURE UNITED STATES ENERGY NEEDS AND TO REDUCE THE DANGEROUS OVERDEPENDENCE ON OIL IMPORTS, AND URGING CONGRESS TO ACT EXPEDITIOUSLY TO ENACT ANWR DEVELOPMENT LEGISLATION AND TO REJECT PROPOSALS PROVIDING FOR PERMANENT BANS ON OIL AND NATURAL GAS LEASING ON THE COASTAL PLAIN.

H. 2841--ADOPTED AND SENT TO THE SENATE

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

Whereas, the United States currently depends on oil imports for nearly forty percent of United States demand, with imports possibly making up fifty percent or more of domestic supplies in three to five years if current trends continue; and

Whereas, such heavy reliance on oil imports undermines national security, weakens the United States economy, costs American jobs, and worsens the trade deficit; and

Whereas, such overdependence on foreign oil is particularly dangerous at a time of continuing political turmoil and terrorism throughout the Middle East; and

Whereas, the Organization of Petroleum Exporting Countries (OPEC) could regain its control over world oil prices and subject United States consumers to sharply rising prices and a return to the severe energy disruptions of the 1970's; and

Whereas, it is in the nation's economic and security interests to take steps now to encourage increased domestic energy production and reduced dependence on oil imports from insecure foreign sources; and

Whereas, in its recent draft report to Congress, the United States Department of the Interior stated that the Arctic National Wildlife Refuge (ANWR) coastal plain "is clearly the most outstanding oil and gas frontier remaining in the United States, and could contribute substantially to our domestic energy supplies" and proposed that the coastal plain be opened to leasing; and

Whereas, development of the Alaskan North Slope oil fields has clearly demonstrated that petroleum operations are compatible with the Alaskan arctic environment and wildlife; and

Whereas, should petroleum development occur, less than one-tenth of one percent of the total ANWR area would be affected; and

Whereas, the area of over two hundred forty-two thousand acres in the southeastern part of the section 1002 area that is the calving area of the Porcupine Caribou heard can be reserved to the last area for leasing; and

Whereas, Congress can and should provide the authority and the Department of Interior can exercise such authority to impose any restrictions to ensure that unnecessary adverse effects are avoided and to require compensation in the event of significant unavoidable losses of habitat quality; and

Whereas, Congress can and should provide the authority for the Department to issue regulations that will ensure environmental integrity in all oil and gas operations in that area. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, expresses its support for development of the resources of the Arctic National Wildlife Refuge (ANWR) coastal plain to provide for future United States energy needs and to reduce the dangerous overdependence on oil imports and urges Congress to act expeditiously to enact ANWR development legislation and to reject proposals providing for permanent bans on oil and natural gas leasing on the coastal plain.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of South Carolina's congressional delegation in Washington, D.C.

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

REPORT OF STANDING COMMITTEE

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

H. 2890 -- Rep. Evatt: A CONCURRENT RESOLUTION TO REQUEST THE INTERNAL REVENUE SERVICE TO WITHDRAW ITS PROPOSED RULES RELATING TO LOBBYING BY PUBLIC CHARITIES AND REQUEST THE DEPARTMENT OF TREASURY TO CREATE AN ADVISORY BODY TO HELP THE INTERNAL REVENUE SERVICE DEVELOP FAIR AND REASONABLE REGULATIONS ON THIS SUBJECT.

H. 2890--ADOPTED AND SENT TO THE SENATE

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

Whereas, rules proposed by the Internal Revenue Service on November 5, 1986, (Lobbying by Public Charities) would greatly restrict communications between legislators and nonprofit public charities; and

Whereas, participation by public charities in the legislative process provides a benefit for the nation and the State of South Carolina and is recognized as a right by United States law (Lobbying by Public Charities Act, section 1307 of P.L. 94-455, the Tax Reform Act of 1976);

Whereas, the proposed Internal Revenue Service rules go beyond the intent of the Lobbying by Public Charities Act of 1976; and

Whereas, the proposed Internal Revenue Service rules redefine as lobbying many traditional activities undertaken by public charities, thereby penalizing them with new taxes; and

Whereas, the proposed Internal Revenue Service rules could reclassify as lobbying public policy research and debate that may pertain to or lead to future legislation; and

Whereas, the proposed Internal Revenue Service rules put unreasonable burdens on charitable foundations and other donors so as to restrict their own activities and discourage their support for public policy research and advocacy; and

Whereas, portions of the proposed Internal Revenue Service rules are retroactive to January 1, 1977. Now, therefore,

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

That the Internal Revenue Service is requested to withdraw its proposed rules relating to lobbying by public charities and request the Department of Treasury to create an advisory body to help the Internal Revenue Service develop fair and reasonable regulations on this subject.

Be it further resolved that a copy of this resolution be forwarded to each member of the Congressional Delegation from South Carolina.

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

REPORT OF STANDING COMMITTEE

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

H. 3005 -- Rep. Pearce: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION THAT WILL CAUSE THE CONTINUATION OF THE NATIONAL AGRICULTURAL PESTICIDE IMPACT ASSESSMENT PROGRAM AND THE INTERREGIONAL PROJECT 4 PROGRAM FOR FISCAL YEAR 1988.

H. 3005--ADOPTED AND SENT TO THE SENATE

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

Whereas, The National Agricultural Pesticide Impact Assessment Program (NAPIAP) and Interregional Project 4 (IR-4) are cooperative programs between the United States Department of Agriculture, United States Environmental Protection Agency, Clemson University Cooperative Extension Service, and South Carolina Agricultural Experiment Station; and

Whereas, pesticides are vital to continued production of traditional crops and forests, revitalization of agriculture in the State, and development of alternative enterprises in agriculture, forestry, and natural resources; and

Whereas, the purpose of NAPIAP is to ensure continued registration of pesticides necessary,for the production of agricultural and forestry commodities/products in the State of South Carolina; and

Whereas, the purpose of the IR-4 program is to register pesticides for use on minor crops and for minor uses on major crops; and

Whereas, both programs have benefitted the agricultural and forestry industries in South Carolina for over fifteen years; and

Whereas, the President of the United States elected not to include both programs in the administration's budget request for fiscal year 1988; and

Whereas, Congress enacted legislation to continue both programs in each of the past three years. Now, therefore,

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

That the General Assembly of the State of South Carolina memorializes Congress to enact legislation that will continue the NAPIAP and IR-4 programs for fiscal year 1988.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, 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 sent to the Senate.

REPORT OF STANDING COMMITTEE

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

S. 495 -- Transportation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1987.

S. 495--ADOPTED AND RETURNED TO THE SENATE

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

S. 495 -- Transportation Committee: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO CONTINUE THE AIRPORT IMPROVEMENT PROGRAM SCHEDULED TO EXPIRE ON SEPTEMBER 30, 1987.

Whereas, a balanced, safe, and efficient system of airports and aviation services is essential to the commercial vitality and economic development of South Carolina; and

Whereas, prudent management of the State's existing aviation resources and sound planning for their future development require the ability not only to forecast needs but also the ability to anticipate the resources likely to be available to meet those needs; and

Whereas, like her other transportation programs, South Carolina's aviation program relies to a significant measure, but not exclusively, on federal financing; and

Whereas, collectively, the states have sought and supported the development and preservation of a balanced system of airports and other aviation services that can be responsive to the diverse needs of the many geographic regions and economic sectors of the entire country; and

Whereas, the General Assembly of South Carolina believes that it is the mutual responsibility of federal, state, and local governments to continue to support balanced, planned, predictable airport growth and development; and

Whereas, the primary role of the federal government in this endeavor has been and should remain the establishment and maintenance of uniform standards in the area of airport and aviation operations safety; and

Whereas, the primary responsibility of the states, in these matters, should remain the promotion and development of airport systems based on plans that are integrated and coordinated with other transportation systems, modes, and plans; and

Whereas, local governments, too, play a vital role in the evolution of a well-considered national aviation system by identifying local airport and aviation needs and seeking ways of matching these needs with resources available from state, federal, and nongovernmental resources; and

Whereas, airport development strategies based on a synthesis of local, state, regional, and federal plans and programs, make use of pooled technical expertise and financial and other resources; and

Whereas, through close cooperation of local, state, and federal governments, a clearly defined National Plan of Integrated Airport Systems (NPIAS) has been produced, based primarily on approved state, regional, and metropolitan airport systems plans, updated continuously as new information becomes available; and

Whereas, there needs to be a continuing federal airport planning and development program to help finance that portion of the airport and airway system which has been identified in the NPIAS as being of national importance; and

Whereas, implementation of the NPIAS is most appropriately financed by aviation system user taxes and by federal fund appropriations in consideration of the benefits derived by the general public from the total air transportation system; and

Whereas, as long as the need for further airport and aviation service improvements can be demonstrated, federal legislative authorization for the Airport Improvement Program needs to be renewed, and appropriations to the Aviation Trust Fund urgently need to be maintained at annual levels which will permit disbursement of at least the minimum amounts required for continued full funding of airport improvements; and

Whereas, the current federal airport development enabling statute, the Airport Improvement Program, will expire on September 30, 1987, with its expiration, the vast bulk of federal aviation funds will vanish. Now, therefore,

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

That the Congress of the United States is hereby memorialized to continue the Airport Improvement Program scheduled to expire on September 30, 1987.

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

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

REPORT OF STANDING COMMITTEE

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

S. 667 -- Senators Powell, Garrison and Macaulay: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE CERTAIN HIGHWAYS EXTENDING FROM OCONEE COUNTY TO THE GEORGIA STATE LINE IN MCCORMICK COUNTY THE "SAVANNAH RIVER SCENIC HIGHWAY".

S. 667--ADOPTED AND RETURNED TO THE SENATE

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

Whereas, the Savannah River basin is a region rich in scenic, historic, cultural, and recreational resources; and

Whereas, the region is served by a series of connecting highways that roughly parallel the waterways along the Georgia-South Carolina state line, making accessible numerous attractions of interest to the history buff and tourist, as well as the outstanding recreational opportunities afforded by Hartwell, Russell, and Clark Hill reservoirs; and

Whereas, it is believed the tourism potential of the region would be greatly enhanced by giving a single name to these highways; and

Whereas, this identification would support the promotional efforts of these entities as special historic districts, the planning boards of the several counties, chambers of commerce, and councils of government; and

Whereas, the continuous route could be promoted as a side trip off I-85 from the north and I-20 from the south, or as a continuation of S.C. 11 (the Cherokee Foothills Scenic Highway); and

Whereas, it is the intent of the General Assembly that attention of South Carolinians and others be focused on this special region of the State. Now, therefore,

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

That the South Carolina Department of Highways and Public Transportation is requested to designate the highways, beginning at the intersection of S.C. 11 and S.C. 24, S.C. 187 to S.C. 412, S.C. 412 to Starr, south on S.C. 81 to the Georgia State line in McCormick County as the "Savannah River Scenic Highway" and to appropriately mark the route so that the region will benefit from this appropriate highway identification.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.

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

REPORTS OF STANDING COMMITTEE

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 2014 -- Reps. Wilkins and P. Bradley: A BILL TO AMEND SECTION 20-7-3010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIONS BY THE DEPARTMENT OF SOCIAL SERVICES AGAINST THE CONTINUING OPERATIONS OF CHILD DAY CARE FACILITIES, SO AS TO PROVIDE FOR THE INJUNCTIONS TO BE BROUGHT IN THE FAMILY COURT INSTEAD OF THE CIRCUIT COURT.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 2648 -- Reps. Wilkins, Evatt, Beasley and Corning: A BILL TO AMEND SECTION 20-7-1740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AN INVESTIGATION BE MADE BY A PRIVATE OR PUBLIC WELFARE ORGANIZATION TO BE FILED WITH THE COUNTY WHEN THE FILING OF PETITION FOR ADOPTION IS MADE, SO AS TO ESTABLISH THE SPECIFIC TYPES OF INVESTIGATIONS AND REPORTS WHICH MUST BE COMPLETED PRIOR TO THE FINAL HEARING FOR ADOPTION; AND TO AMEND SECTION 20-7-1780, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL HEARINGS AND RECORDS HELD IN PROCEEDINGS UNDER ARTICLES 7, 9, AND 11, CHAPTER 7, TITLE 20 MUST BE CONFIDENTIAL AND HELD IN CLOSED COURT, SO AS TO REQUIRE THAT ALL FILES AND RECORDS PERTAINING TO ADOPTION PROCEEDINGS IN THE DEPARTMENT OF SOCIAL SERVICES ALSO MUST BE CONFIDENTIAL AND WITHHELD FROM INSPECTION IF THEY ARE MAINTAINED BY ANY PERSON CERTIFIED UNDER THE PROVISIONS OF SECTION 20-7-1750.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 2651 -- Reps. M.O. Alexander, Blackwell, Baker, L. Phillips, Thrailkill, P. Bradley, J.H. Burriss, J.W. Johnson, Haskins, Rice, Hayes, Fair, Hodges, Simpson, E.B. McLeod, Day, Clyborne, O. Phillips, McTeer and Evatt: A BILL TO AMEND CHAPTER 7 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES BY ADDING SECTION 5-7-155 SO AS TO PROVIDE THAT IF ANY PORTION OF A STREET OR HIGHWAY IS WITHIN THE BOUNDARY OF A MUNICIPALITY, THE REMAINING PORTION OF THE STREET OR HIGHWAY NOT WITHIN THE MUNICIPAL BOUNDARY BUT TOUCHING THE BOUNDARY IS NEVERTHELESS CONSIDERED TO BE WITHIN THE BOUNDARY OF THAT MUNICIPALITY FOR PURPOSES OF ITS POLICE JURISDICTION.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 2738 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-655 SO AS TO PROVIDE FOR THE ISSUANCE OF A LIMITED CERTIFICATE TO PRACTICE RESPIRATORY CARE AND TO PROVIDE FOR THE PAYMENT OF A FEE.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 314 -- Senator Drummond: A BILL TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATES FOR PARTICULAR STATE AGENCIES, COMMISSIONS, AND BOARDS, SO AS TO DELETE THE JOINT LIAISON COMMITTEE ON SMALL BUSINESS WHICH IS SCHEDULED FOR TERMINATION ON JUNE 30, 1987.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 346 -- Senator Drummond: A BILL TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING A PHARMACIST AND TO AUTHORIZE THE BOARD TO ESTABLISH THE FEE BY REGULATIONS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE; AND TO AMEND SECTION 40-43-390, RELATING TO THE APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO CHANGE THE RENEWAL DATE OF PERMITS FROM JUNE TO JANUARY. Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 511 -- Medical 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.

Ordered for consideration tomorrow.

SILENT PRAYER

On motion of Rep. WHITE, with unanimous consent, the House stood in silent prayer in memory of Rep. B.J. GORDON'S brother, Alfonso Marcellus Gordon.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 713 -- Senators Wilson, Shealy, Giese, Lourie, Setzler, Pope, Martin, Patterson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF SIDNEY F. THOMAS, JR., EXECUTIVE DIRECTOR OF THE CENTRAL MIDLANDS REGIONAL PLANNING COUNCIL, UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 722 -- Senators Lourie, Leventis, McConnell, Applegate, Martschink and Fielding: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HENRY J. LEE, JR., OF WADMALAW ISLAND, CHARLESTON COUNTY, UPON HIS TRAGIC DEATH.

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

CONCURRENT RESOLUTION

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

S. 726 -- Senators J. Verne Smith, Thomas E. Smith, Jr. and Garrison: A CONCURRENT RESOLUTION TO DESIGNATE THURSDAY, MAY 7, 1987, AS A DAY OF PRAYER IN SOUTH CAROLINA.

Whereas, it is appropriate and in keeping with the tradition of South Carolina that a day be set aside for introspection, contemplation, and supplication; and

Whereas, on May 7, 1987, each of us should carefully examine himself and judge impartially his value as a human being and his relationship with his fellowman and determine whether he is, without subterfuge or desire to delude himself, deserving of immortality; and

Whereas, on May 7, each of us should reflect upon the wonders of the universe that the Master has created, a world of wonder and astonishment; and

Whereas, on May 7, each of us should raise his voice in praise and thanksgiving to the Creator who formed the earth, the stars, and the universe and not, as we often do, resort to the beggar's prayer that asks for something; and

Whereas, we often pray for purity, unselfishness, and for the highest qualities of character and forget that those things cannot be given but must be earned; and

Whereas, while we pray we must remember that man is still responsible and his success lies not with the stars but with himself. He must constantly and consciously carry on the fight of self-correction and discipline and live against the imperative of life's highest ideals. Now, therefore,

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

That the members of the General Assembly designate Thursday, May 7, 1987, as a day of prayer in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mr. James Elliott Still, 5008 Maplewood Drive, Greenville, South Carolina 29615.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3069 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE C. SCOTT HEISE FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, AND BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3070 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE THADDEUS E. (THAD) ROWE, JR. FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASEBALL, AND TRACK UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3071 -- Reps. Klapman and McLellan: A CONCURRENT RESOLUTION TO CONGRATULATE JACK L. MOONEYHAN FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3072 -- Rep. Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE CLARENCE LEVER SOX FOR HIS MANY ACCOMPLISHMENTS IN FOOTBALL, BASKETBALL, AND BASEBALL UPON HIS INDUCTION INTO THE BROOKLAND-CAYCE HIGH SCHOOL ATHLETIC HALL OF FAME.

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

INTRODUCTION OF BILLS

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

H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.

Referred to Committee on Judiciary.

S. 139 -- Senator Setzler: A BILL TO AMEND SECTION 57-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPOSITING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO INCREASE THE PENALTY WHEN THE DEPOSIT IS LIKELY TO INJURE ANY PERSON, ANIMAL, OR VEHICLE AND TO PROVIDE FOR THE PENALTIES WHEN PERSONAL INJURY OR DEATH RESULTS FROM THE DEPOSIT.

Referred to Committee on Judiciary.

S. 157 -- Senators Williams and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15 SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.

Referred to Committee on Judiciary.

S. 161 -- Senator Garrison: A BILL TO AMEND SECTION 50-21-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS AND TO PROVIDE FOR THE TESTING PROCEDURE; AND TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE, SO AS TO INCREASE THE PENALTIES FOR SECOND AND SUBSEQUENT OFFENSES.
Referred to Committee on Judiciary.

S. 542 -- Senator Williams: A BILL TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.
Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Elliott                Faber                  Fair
Ferguson               Foxworth               Gilbert
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Pettigrew              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 Wednesday, April 29, 1987.

M.O. Alexander                    Philip T. Bradley
Samuel Foster                     R. Linwood Altman
John J. Snow, Jr.                 William H. Jones
Jack Gregory                      John Felder
Larry Gentry                      Roland S. Corning
Lenoir Sturkie                    Joseph McElveen
Larry Koon                        T.W. Edwards

Total Present--118

STATEMENT OF ATTENDANCE

Reps. EDWARDS, KEYSERLING and RUSSELL signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 24, 1987.

LEAVES OF ABSENCE

The SPEAKER granted Rep. HAYES a leave of absence for today and tomorrow to attend National Guard Camp.

The SPEAKER granted Rep. GORDON a leave of absence for the day and tomorrow due to a death in the family.

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

DOCTOR OF THE DAY

Announcement was made that George P. Cone, Jr. of Greenwood the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3020 -- Labor, Commerce and Industry Committee: A BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989 EXPIRATION DATE OF THE COUNCIL, AND AMEND SECTION 1-20-50, RELATING TO TERMINATION DATES OF CERTAIN STATE AGENCIES AND THEIR REAUTHORIZATION, SO AS TO INCLUDE THE COORDINATING COUNCIL IN THE LIST OF AGENCIES WITH A JUNE 30, 1991 TERMINATION DATE.

S. 119--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. SIMPSON having the floor.

S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.

AMENDMENT NO. 4--RULED OUT OF ORDER

Debate was resumed on Amendment No. 4, which was proposed on Tuesday, April 28, by Reps. SIMPSON and KEYSERLING.

Rep. SIMPSON continued speaking

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 4 to S. 119 was out of order as it was not germane to the Bill.

Rep. SIMPSON argued that the amendment satisfied the "main thrust" test.

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

Reps. BEASLEY and EVATT proposed the following Amendment No. 5 (Doc. No. 4271Y), which was adopted.

Amend the report, as and if amended, by striking SECTION 1, beginning on page 119-1, and inserting:

/SECTION 1. Section 16-11-700(C) of the 1976 Code is amended to read:

"(C) Any person violating the provisions of this section ~~shall be~~ is guilty of a misdemeanor and upon conviction ~~shall~~ must be fined not less than ~~fifty~~ one hundred dollars nor more than five hundred dollars for each offense ~~and, notwithstanding any other provision of law, magistrates~~, and a minimum of five hours of litter-gathering labor under the supervision of the court must be imposed in addition to any fine for each offense. Magistrates and municipal courts ~~shall~~ have jurisdiction to try violations of this section. The provisions of this section apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage. The court, in lieu of any monetary fine imposed, may direct the substitution of additional litter-gathering labor under the supervision of the court, not to exceed one hour for each five dollars of fine imposed. However, for a second conviction under the provisions of this section, a minimum of twenty hours of community service must be imposed in addition to any fine. In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained ~~such~~ the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that ~~such~~ the person has deposited litter, ~~any or~~ all litter deposited ~~thereon~~ on the place or property by anyone ~~prior to~~ before the date of execution of sentence."/

Amend title to conform.

Rep. BEASLEY explained the amendment. The amendment was then adopted.

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

H. 2216--OBJECTIONS

The following Bill was taken up.

H. 2216 -- Reps. Edwards, M.D. Burriss, Cork, Taylor and Keyserling: A BILL TO CREATE AND HOUSE ADMINISTRATIVELY WITHIN THE BUDGET AND CONTROL BOARD THE SOUTH CAROLINA ENERGY RESOURCE AND MANAGEMENT DEVELOPMENT AUTHORITY, TO CONSTITUTE THE AUTHORITY AS AN INSTRUMENTALITY OF THE STATE FOR THE PERFORMANCE OF ESSENTIAL GOVERNMENTAL FUNCTIONS INVOLVING ENERGY CONSERVATION AND ALTERNATIVE FINANCING OF CONSERVATION MEASURES AS DEFINED IN THIS ACT, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, TO REQUIRE THE BUDGET AND CONTROL BOARD TO PROVIDE TECHNICAL AND CLERICAL SERVICES AND PERSONNEL AS THE AUTHORITY MAY REQUIRE IN THE PERFORMANCE OF ITS FUNCTIONS AND TO PROVIDE CERTAIN LIAISON SERVICES WITH OTHER AGENCIES OF STATE GOVERNMENT, TO REQUIRE THE AUTHORITY TO REIMBURSE THE BUDGET AND CONTROL BOARD FOR SERVICES PROVIDED, TO PROVIDE FOR THE POWERS OF THE AUTHORITY AND OF ANY JOINT VENTURE CREATED PURSUANT TO THIS ACT, TO PROVIDE FOR RELATED MATTERS CONCERNING THE ESTABLISHMENT AND FUNCTIONING OF THE AUTHORITY, TO ESTABLISH A SPECIAL, RESTRICTED ACCOUNT TO BE KNOWN AS THE UTILITY AND ENERGY CONSERVATION RESERVE ACCOUNT, AND TO PROVIDE FOR MATTERS RELATED TO THE OPERATION AND USE OF THAT ACCOUNT.

Reps. P. BRADLEY, BAKER, HASKINS and McCAIN objected to the Bill.

S. 379--DEBATE ADJOURNED

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

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANCE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

H. 2480--DEBATE ADJOURNED

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

H. 2480 -- Rep. McAbee: A BILL TO AMEND SECTION 57-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY SUPERVISION OF PUBLIC ROADS, HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO RETAIN AN OTHERWISE ABANDONED ROAD OR PORTION OF SUCH ROAD AS A LIMITED ACCESS EASEMENT FOR ABUTTING PROPERTY OWNERS, AND TO PROVIDE FOR RELATED MATTERS CONCERNING THE EASEMENT AND THE COUNTY'S ORDINANCE, INCLUDING PENALTIES FOR VIOLATING THE ORDINANCE.

ORDERED TO THIRD READING

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

S. 616 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 25 OF TITLE 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS SO AS TO PROVIDE COMPREHENSIVE LEGISLATION TO REGULATE HEALTH MAINTENANCE ORGANIZATIONS IN THIS STATE.

Rep. J. BRADLEY explained the Bill.

H. 3050 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3051 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO PREPAID DENTAL SERVICE, DESIGNATED AS REGULATION DOCUMENT NUMBER 740, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 425 -- Education Committee: A BILL TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION.

Rep. TOWNSEND explained the Bill.

S. 426 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE FROM NOVEMBER FIRST TO FEBRUARY FIRST THE DATE THE BASIC SKILLS ADVISORY COMMISSION AND THE STATE BOARD OF EDUCATION SHALL REPORT TO THE SELECT COMMITTEE ON AN ANALYSIS OF TEST SCORES AND DATA FOR THE PRECEDING SCHOOL YEAR.

S. 428 -- Education Committee: A BILL TO AMEND N SECTION 59-24-10, CODE OF LAWS OF SOUTH CAROLINA, A 1976, RELATING TO THE ASSESSMENT OF THE CAPABILITIES E OF PERSONS BEING CONSIDERED AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN ANNUAL INSTEAD OF A QUARTERLY REPORT ON THE ASSESSMENT AND TO REVISE THE REQUIREMENTS OF THE REPORT.

S. 433 -- Education Committee: A BILL TO AMEND SECTION 59-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR EVALUATING QUALITY OF EDUCATION, THE REVIEW COMMITTEE, AND IMPLEMENTATION OF RECOMMENDATIONS BY SCHOOL DISTRICTS, SO AS TO CHANGE THE REFERENCE TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM.

S. 627--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 627 -- Senator Waddell: A BILL TO AMEND ACT 423 OF 1986, RELATING TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO DELETE THE REQUIRED JULY 1, 1989, EXPIRATION DATE OF THE COUNCIL IN ORDER TO MAKE THE COUNCIL PERMANENT.

POINT OF ORDER AND PARLIAMENTARY INQUIRY

Rep. HASKINS raised the Point of Order that the Bill was out of order as copies had not lain upon the members' desks for one day.

The SPEAKER stated that the Bill had been received and distributed the previous week.

Rep. HASKINS stated that the Bill had been placed upon his desk after adjournment yesterday, therefore Rule 5.10 had not been satisfied, and the Bill could not be considered.

The SPEAKER stated that he could not guarantee the integrity of each member's desk, that the Bills had been received and distributed, and he overruled the Point of Order.

Rep. LIMEHOUSE inquired whether the SPEAKER had stated that the legislative day would end at midnight rather than at adjournment.

The SPEAKER stated he had not ruled on that question.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6121k), which was adopted.

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

SECTION 1. Section 7 of Act 423 of 1986 is amended to read:

"Section 7. This act ~~shall take~~ takes effect upon approval by the Governor ~~and shall expire on July 1, 1989~~."

SECTION 2. Section 1-20-50(F) is amended to read:

"(F) JUNE 30, 1991, is the termination date for:

(1) Commissioners of Pilotage for the Port of Charleston

(2) Polygraph Examiners

(3) Private Detective and Private Security Agencies

(4) Board of Registration for Foresters

(5) South Carolina Coordinating Council for Economic Development"

SECTION 3. Section 1 of Act 423 of 1986 is amended to read:

SECTION 1. There is hereby created the South Carolina Coordinating Council for Economic Development. The membership shall consist of the Commissioner of Agriculture, the Chairman of the South Carolina Employment Security Commission, the Chairman of the State Development Board, the Chairman of the South Carolina Parks, Recreation and Tourism Commission, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Research Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Chairman of the South Carolina Tax Commission, and the Chairman of the Small and Minority Business Expansion Council. The Chairman of the State Development Board shall serve as the chairman of the Council.

SECTION 4. This act takes effect upon approval by the Governor.

Amend title to conform.

Rep. L. MARTIN explained the amendment.

Rep. KEYSERLING moved to adjourn debate upon the Bill.

Rep. L. MARTIN moved to table the motion, which was agreed to.

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

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

H. 2576--DEBATE ADJOURNED

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

H. 2576 -- Reps. L. Phillips, Altman, Nesbitt, Day, Thrailkill, O. Phillips, McCain, Stoddard, Simpson, Williams, McGinnis, Fair, Beasley, Townsend, Kay and J.C. Johnson: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO PROVIDE THAT A STUDENT MAY MEET THIS REQUIREMENT BY PASSING A TOTAL OF FIVE ACADEMIC COURSES AND MAINTAINING A PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

POINT OF ORDER

Rep. LIMEHOUSE raised the Point of Order that the Bill was out of order as the printed copies of the Bill had not been placed on the members' desks as of adjournment yesterday, therefore Rule 5.10 had not been satisfied.

The SPEAKER stated that the legislative day had always been considered to be a calendar day, therefore Rule 5.10 had been satisfied, and he overruled the Point of Order.

S. 432--DEBATE ADJOURNED

The following Bill was taken up.

S. 432 -- Education Committee: A BILL TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.

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

S. 434--DEBATE ADJOURNED

The following Bill was taken up.

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

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

RECURRENCE TO THE MORNING HOUR

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

RESIGNATION

The following was received.

SOUTH CAROLINA HOUSE OF REPRESENTATIVES

April 29, 1987
The Honorable Robert J. Sheheen
Speaker of The House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker:

Having recently been elected to the South Carolina Senate and having been certified by the Board of Canvassers, I hereby submit my resignation to the House of Representatives, effective April 29, 1987 at 11:00 a.m.

I have enjoyed my five years with the House of Representatives and look forward to working with you during my service in the Senate.

Most sincerely,
John R. Russell

Received as information.

INTRODUCTION OF BILLS

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

H. 3073 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO WESTERN CAROLINA REGIONAL SEWER AUTHORITY SO AS TO ADD A NEW AREA TO THE DISTRICT, AND PROVIDE THAT THIS NEW AREA MAY NOT BECOME PART OF THE AUTHORITY UNTIL THE EXECUTION OF AN AGREEMENT BY THE AUTHORITY, THE ANDERSON COUNTY SEWER AUTHORITY, AND ANDERSON COUNTY, WITH RESPECT TO THE INSTALLATION OF COLLECTION LINES WITHIN THIS NEW AREA.

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

H. 3074 -- Rep. McAbee: A Bill TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THIS STATE FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.

Referred to Committee on Ways and Means.

S. 379--DEBATE ADJOURNED

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

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE", TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

H. 2480--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 22, by the Committee on Education and Public Works.

Rep. McABEE explained the amendment.

The amendment was then adopted.

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

H. 2576--DEBATE ADJOURNED

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

S. 432--DEBATE ADJOURNED

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

S. 434--DEBATE ADJOURNED

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

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1917 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

ORDERED TO THIRD READING

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

H. 2457 -- Reps. Altman and Thrailkill: A BILL TO AMEND SECTION 50-17-1022, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GILL NETS USED FOR SHAD FISHING, SO AS TO REDUCE THE PERMISSIBLE MINIMUM STRETCH MESH SIZE OF A GILL NET FROM FOUR AND ONE-HALF INCHES TO THREE AND ONE-HALF INCHES.

H. 2838 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATIVE TO BOATING, SO AS TO ADOPT FEDERAL STATUTES AND REGULATIONS PERTAINING TO WATERCRAFT AND WATERCRAFT SAFETY AS THE LAW OF THIS STATE.

Rep. FOXWORTH explained the Bill.

H. 2872 -- Rep. Pearce: A BILL TO AMEND SECTION 2-22-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA JOINT COMMITTEE ON AQUACULTURE, THE COORDINATION OF AQUACULTURE AND MARICULTURE DEVELOPMENT, AND THE ESTABLISHMENT OF AN INTERAGENCY ADVISORY STAFF, SO AS TO INCLUDE THE SOUTH CAROLINA WATER RESOURCES COMMISSION AND THE SOUTH CAROLINA STATE DEVELOPMENT BOARD AMONG THE AGENCIES AND INSTITUTIONS REPRESENTED ON THE INTERAGENCY ADVISORY STAFF.

Rep. SNOW explained the Bill.

H. 2949 -- Rep. Pearce: A BILL TO AMEND SECTION 39-41-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF ETHYL OR METHYL ALCOHOL SOLD FOR FUEL OR PRODUCTION OF GASOHOL, SO AS TO REVISE THE DEFINITION OF GASOHOL, PROVIDE FOR THE PRODUCTION OF MOTOR FUEL, AND PROVIDE FOR THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE IN LIMITING OXYGENATES.

Rep. SNOW explained the Bill.

H. 3010 -- Rep. Elliott: A BILL TO AMEND SECTION 50-17-1055, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED DISTANCE OF COMMERCIAL FISHING DEVICES FROM FISHING PIERS OR MANMADE JETTIES, SO AS TO PROVIDE THAT THE ACTIVITIES REFERRED TO IN THIS SECTION ARE NOT BARRED WITHIN THE CORPORATE LIMITS OF A MUNICIPALITY WHOSE NORTHERN AND SOUTHERN BOUNDARIES ARE LOCATED BETWEEN TWO FISHING PIERS WHICH ARE NOT MORE THAN ONE THOUSAND ONE HUNDRED FIFTY YARDS DISTANT FROM EACH OTHER.

Rep. FOXWORTH explained the Bill.

H. 2753 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR LIMITED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 822, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LOCKEMY explained the Joint Resolution.

H. 2931 -- Rep. McLellan: A Bill TO ESTABLISH A PLAN FOR ALLOCATING THE STATE CEILING ON THE ISSUANCE OF PRIVATE ACTIVITY BONDS IMPOSED BY THE FEDERAL TAX REFORM ACT OF 1986, PUBLIC LAW 99-514.

Rep. McABEE explained the Bill.

H. 2948--DEBATE ADJOURNED

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

H. 2948 -- Rep. Pearce: A BILL TO REPEAL CHAPTER 45, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAINT LAW.

H. 2869--OBJECTIONS

The following Bill was taken up.

H. 2869 -- Reps. Sheheen, J. Rogers, Dangerfield, Hawkins, McLellan, Pearce, L. Phillips, Toal and Wilkins: A BILL TO AMEND CHAPTER 27 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GASOLINE TAXES, BY ADDING ARTICLE 13 SO AS TO IMPOSE ADDITIONAL TAXES ON THE SALE OF GASOLINE, PROVIDE FOR AN ADDITIONAL CREDIT FOR CERTAIN FUEL PURCHASES IN THE STATE, PROVIDE FOR THE DISTRIBUTION AND USE OF REVENUE DERIVED FROM THE ADDITIONAL TAX, PROVIDE THAT OF THE PROCEEDS DERIVED FROM THE ADDITIONAL TAXES TEN MILLION DOLLARS MUST BE SEGREGATED IN A SEPARATE ACCOUNT FOR ECONOMIC DEVELOPMENT AND PROVIDE FOR EXPENDITURES FROM THIS ACCOUNT, REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT A PRIORITY LIST OF PROJECTS TO BE FUNDED UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, REQUIRE THE DEPARTMENT TO REVIEW THE PRIORITY LIST IN ORDER TO ASCERTAIN THE POSSIBILITY OF CONSTRUCTING TOLL ROADS AND ESTABLISH CRITERIA FOR THEIR CONSTRUCTION, ESTABLISH A COMMITTEE TO MONITOR THE EXPENDITURE OF FUNDS FOR THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, AND TO REQUIRE THE DEPARTMENT TO COOPERATE IN PROVIDING INFORMATION AND ASSISTANCE TO IMPLEMENT THE PROVISIONS OF ARTICLE 13 OF CHAPTER 27 OF TITLE 12.

Reps. T. ROGERS, KIRSH, LIMEHOUSE, G. BAILEY, DAVENPORT and DAY objected to the Bill.

H. 2930--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.

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

H. 2365--OBJECTIONS

The following Bill was taken up.

H. 2365 -- Reps. Koon, Sharpe and Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO REQUIRE PIT BULL DOGS AND OTHER BREEDS OF DOGS WITH AN INBRED INSTINCT, OR WHICH ARE TRAINED, TO FIGHT OR ATTACK TO BE KEPT IN a FENCED OR OTHER ENCLOSURE FROM WHICH THE ANIMALS MAY NOT ESCAPE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4225Y).

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 47-3-55. The owner or person who has custody of a Pit Bull Dog or any other dog that is bred or trained for the sole purpose of fighting or attacking shall keep the animal in a fenced or other enclosure from which it is unable to escape or have contact with other people or animals at any time.

Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than one year, or both."/

Renumber sections to conform.

Amend title to conform.

Rep. FOXWORTH explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Reps. OGBURN, LIMEHOUSE and DAY objected to the Bill.

H. 2665--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2665 -- Reps. M.D. Burriss and McAbee: A BILL TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORN MEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORN MEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; AND TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORN MEAL AND GRITS SO AS TO PERMIT CORN MEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS.

Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 4281Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3, beginning on page 2, and inserting:

/SECTION 3. Section 39-29-50 of the 1976 Code is amended to read:

"Section 39-29-50. (A) This chapter ~~shall~~ does not apply to the delivery by a miller to a corn producer of corn meal or corn grits ground by the miller from the producer's corn for use in the producer's own home when the miller is paid in corn for ~~such~~ the milling service. ~~But~~ However, if ~~any such~~ the producer desires the health benefits for his family and requests enrichment, the miller shall enrich according to the standards required under this chapter.

This chapter shall not apply to the sale of corn meal or corn grits if the purchaser furnishes to the seller a certificate, in such form as the Commissioner by regulation shall prescribe, certifying that he will use such corn meal or corn grits solely in the production of corn meal or corn grits enriched as required by this chapter or in other legitimate products not covered by this chapter.

(B)(1) Corn meal made from clean corn may be sold in packages of ten pounds or less provided the following requirements are met:

(a) The corn meal is ground from whole corn without removal of the germ.

(b) The package contains additional labeling contiguous to the product name 'unenriched corn meal ground from whole corn'. This printing must be at least the print size and prominence of the required weight declaration.

(2) Violations of this subsection are subject to the penalties contained in Section 39-29-100."/

Amend title to conform.

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

H. 2941--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 2941 -- Rep. Townsend: A BILL TO AMEND SECTION 46-21-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLAINTS BY FARMERS AGAINST SEED DEALERS FOR FAILURE OF SEED TO PERFORM AS LABELED, SO AS TO PROVIDE THAT THE REQUIREMENTS FOR FILING A COMPLAINT MUST BE ATTACHED TO THE ANALYSIS LABEL ON THE PACKAGE CONTAINING THE SEED, OR POSTED IN A PROMINENT LOCATION ON THE PREMISES OF THE SEED DEALER'S PLACE OF BUSINESS, AT THE TIME OF PURCHASE BY THE FARMER, TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO FURNISH TO A SEED DEALER, UPON REQUEST, THE REQUISITE NOTICE FOR POSTING PURPOSES REGARDING THE REQUIREMENTS FOR FILING A COMPLAINT, ALLOW THE DEPARTMENT TO CHARGE A CERTAIN FEE FOR EACH NOTICE REQUESTED, REQUIRE THE DEPARTMENT TO PREPARE THE NOTICE USED FOR POSTING PURPOSES SO THAT THE NOTICE USED IS UNIFORM THROUGHOUT THE STATE, AND PROVIDE THAT THE ONLY NOTICE WHICH MAY BE USED FOR POSTING PURPOSES IS THAT FURNISHED BY THE DEPARTMENT.

The Committee on Agriculture and Natural Resources proposed the following Amendment No. 1 (Doc. No. 4283Y), which was adopted.

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

/SECTION 1. Section 46-21-260(1) of the 1976 Code, as added by Act 488 of 1986, is amended to read:

"(1) When any farmer is damaged by the failure of agriculture, vegetable, or flower seed to produce or perform as represented by the label attached to the seed, as required by Sections 46-21-210, 46-21-220, and 46-21-240, he may make a sworn complaint against the dealer from whom the seeds were purchased, alleging damages sustained. We shall file the complaint with the Commissioner of Agriculture within twenty days after defect or violation becomes apparent and send a copy of the complaint to the dealer by registered mail. The requirements for filing a complaint must appear legibly typed or printed and attached to the analysis label on the package containing the seed at the time of purchase by the farmer. A filing fee of twenty-five dollars must be paid to the Department of Agriculture with each complaint filed. Within ten days after receipt of a copy of a complaint, the dealer shall file with the commissioner his answer to the complaint and send a copy to the farmer by registered mail. Any seed dealer against whom a complaint is filed for failure of seed to perform as labeled may request an investigation by the investigation committee. When any farmer alleges that agricultural, vegetable, or flower seeds fail to conform to the label attached to the seeds, as required by Sections 46-21-210 and 46-21-240, as a prerequisite to his right to maintain a legal action against the dealer from whom the seeds were purchased, the farmer shall make a sworn complaint against the dealer indicating in what respects the seeds appear to be deficient. The complaint must be filed with the Department of Agriculture, and a copy of the complaint must be served on the dealer by certified mail, within such time as to permit inspection of the seeds, crops, or plants by the seed arbitration committee or its representatives and by the dealer from whom the seeds were Purchased. The language setting forth the requirements for filing and serving the complaint must be legibly typed or printed on a label attached to or on the package containing the seeds at the time of purchase by the farmer. If language setting forth the requirements is not so placed on a package label or on the package itself the filing and serving of a complaint under this subsection are not required. Any party to a judicial action alleging damages from the failure of seeds Purchased from a seed dealer to perform as labeled may request an investigation by the arbitration committee as long as sufficient time remains to permit inspection of the seeds, crops, or plants. Any investigation, findings, reports, and recommendations of the committee may be considered by the court in such a judicial action. Within ten days after receipt of a copy of the complaint, the dealer shall file with the department his answer to the complaint and serve a copy of the answer on the farmer by registered mail. The Commissioner of Agriculture shall refer the complaint and the answer to the arbitration committee provided in Section 46-21-270 for investigation, findings, and recommendations on the complaints. Upon receipt of the findings, and recommendations of the arbitration committee, the Commissioner shall transmit them to the farmer and to the dealer by registered mail."/

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

H. 2639--OBJECTIONS

Reps. J. BRADLEY, FOXWORTH and CORK withdrew their objections to the following Bill whereupon objections were raised by Reps. R. BROWN and BLANDING.

H. 2639 -- Reps. Helmly, Day, H. Brown, Williams, Holt, Dangerfield, D. Martin, G. Bailey and Washington: A BILL TO AMEND SECTION 58-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE FOR ADDITIONAL POWERS; AND TO AMEND SECTION 58-31-80, RELATING TO THE PURPOSE AND OBLIGATIONS OF THE AUTHORITY, SO AS TO PROVIDE AN ADDITIONAL PURPOSE.

H. 2869--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 2869 however, other objections remained upon the Bill.

H. 3025--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. FELDER, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.

H. 3025 -- Rep. Felder: A BILL TO PROVIDE A PROCEDURE FOR THE ADOPTION OF THE ANNUAL BUDGET OF THE CALHOUN COUNTY SCHOOL DISTRICT AND TO REQUIRE THE CALHOUN COUNTY COUNCIL TO LEVY ANNUALLY SUFFICIENT MILLAGE TO FUND THE CALHOUN COUNTY BOARD OF EDUCATION, THE GRESSETTE CENTER, THE COUNTY'S ANNUAL CONTRIBUTION TO THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE.

H. 2973--RECALLED FROM THE COMMITTEE
ON EDUCATION AND PUBLIC WORKS

On motion of Rep. T. ROGERS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 2973 -- Reps. T. Rogers, J. Harris, J.H. Burriss, Shelton and Keyserling: A BILL TO AMEND CHAPTER 68 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT LEGISLATIVE COMMITTEE ON CULTURAL AFFAIRS, BY ADDING SECTION 2-68-40 SO AS TO CREATE THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE FOR THE CRITERIA FOR THE AWARD, AND TO CREATE AN ADVISORY COMMITTEE TO CHOOSE AWARD RECIPIENTS.

S. 521 and S. 522--RECALLED FROM THE
COMMITTEE ON JUDICIARY

On motion of Rep. WILKINS, with unanimous consent, the following Bills were ordered recalled from the Committee on Judiciary.

S. 521 -- Senator Williams: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.

S. 522 -- Senator Williams: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.

H. 2639--OBJECTION WITHDRAWN

Rep. R. BROWN, with unanimous consent, withdrew his objection to H. 2639.

H. 2869--OBJECTION

Rep. BAKER, with unanimous consent, objected to the following Bill.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2954 from the Committee on Education and Public Works.

Rep. J. BRADLEY objected.

RECURRENCE TO THE MORNING HOUR

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

H. 3025--RECONSIDERED AND DEBATE ADJOURNED

The motion of Rep. FELDER to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill was taken up and agreed to.

Rep. FELDER moved to adjourn debate upon the Senate Amendments until Tuesday, May 5, which was adopted.

S. 379--DEBATE ADJOURNED

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

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

H. 2576--DEBATE ADJOURNED

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

S. 432--DEBATE ADJOURNED

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

S. 432 -- Education Committee: A Bill TO AMEND SECTION 59-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT COMMITTEE WHICH MAKES RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION ON IMPLEMENTING THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO DELETE THE PROVISIONS REQUIRING THE STATE DEPARTMENT OF EDUCATION TO REPORT ANNUALLY TO THE COMMITTEE ON MANAGEMENT RECOMMENDATIONS TO SCHOOL DISTRICTS AND ON THEIR RESPONSES TO THE RECOMMENDATIONS.

S. 434--DEBATE ADJOURNED

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

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO as TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

ORDERED TO THIRD READING

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

H. 2948 -- Rep. Pearce: A BILL TO REPEAL CHAPTER 45, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAINT LAW.

Rep. SNOW explained the Bill.

H. 2930--DEBATE ADJOURNED

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

H. 2930 -- Rep. McLellan: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 540 OF 1986 FOR A CERTAIN PERIOD.

H. 2959--DEBATE ADJOURNED

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

H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41-250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.

H. 3011--DEBATE ADJOURNED

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

H. 3011 -- Reps. Harvin and Pearce: A BILL TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMITTEES UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

H. 2947--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 2947 -- Reps. McAbee and Sharpe: A Bill TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4307Y), which was adopted.

Amend the bill, as and if amended, in item (5) of Section 11-37-20 of the 1976 Code, as contained in SECTION 2, page 3, lines 1 and 2, by striking /city, or municipal corporation/ and inserting /municipality, special purpose or special service district, or Commission of Public Works/ so that when amended item (5) shall read:

/(5) 'Local government' means any county, municipality, special purpose or special service district, or Commission of Public Works of the State./

Amend further in SECTION 2, page 4, by inserting immediately after line 12:

/Section 11-37-45. The Authority may receive funds from whatever source to use for the operation of the authority, but it may not receive funds appropriated specifically for the Authority after July 1, 1987. Nothing in this section prohibits the transfer of personnel to the Authority from other state agencies./

Amend further in Section 11-37-180, page 12, line 10, by inserting after /project./ /Two letters of declination, from financial institutions normally engaged in such financing, satisfy this requirement./

Amend further in Section 11-37-200, page 15, lines 16 and 17, by striking /Water Resources Coordinating Council/ and inserting /Joint Bond Review Committee/; on lines 20 through 33, by striking /The Governor shall provide for the appointment and duties of the council and the council must include a representative of the Governor, the Executive Director of the Department of Health and Environmental Control, the Executive Director of the Water Resources Commission, the Director of the Division of Local Government of the Budget and Control Board, and the Chairman of the Coordinating Council on Economic Development. These representatives may designate a person to serve in their place 'on the council, and the Governor shall appoint the chairman of the council for a one-year term./ so that when amended Section 11-37-200 shall read:

/Section 11-37-200. The Authority, with any funds of the Authority available for this purpose, may make grants for projects to local governments. The Authority shall establish criteria for the review of applications for grants, which applications must be received by the Authority prior to the first day of March in each year. Following the first day of March, the Authority shall determine priorities for making grants during that year from the timely applications. The Authority may consider applications for grants based upon the existence of a documented emergency consistent with regulations that may be promulgated by the Authority. In determining which local governments are to receive grants, the Joint Bond Review Committee shall assist the Authority in determining all needs for sewer, wastewater treatment, and water supply facilities. Local governments shall provide not less than a fifty percent match for any grant. The Authority may provide financing for the local matching funds on terms and conditions determined by the Authority. In determining the priorities of grants, the Authority must consider, but is not limited to, the following: the need for a development of regional projects; the extent of development and need for development of projects in the area; the need for projects in the area to create jobs and to foster economic development; and the need to alleviate imminent health hazards./

Amend further in Section 11-37-260, page 18, line 11, by inserting after /section./ /If the local government does not receive state aid in an amount necessary to repay the obligation, the Comptroller General may levy and require the applicable county treasurer to collect and remit to the Authority an ad valorem tax sufficient to meet the obligation only after prior approval of the governing body that levies taxes for that local government./ so that when amended Section 11-37-260 shall read:

/Section 11-37-260. If at any time any local government fails to effect the punctual payment of the principal of or interest on its local obligations, the State Treasurer shall withhold from the local government sufficient monies from any state appropriation to the local government and apply so much as is necessary to the payment of the principal of and interest on the local obligation of the government. All appropriations of local governments of the State are subject to the provisions of this section. If the local government does not receive state aid in an amount necessary to repay the obligation, the Comptroller General may levy and require the applicable county treasurer to collect and remit to the Authority an ad valorem tax sufficient to meet the obligation only after prior approval of the governing body that levies taxes for that local government./

Amend further in subsection (F) of Section 11-37-270, page 20, line 10, by inserting after /sponsor/ /only after prior approval of the governing body that levies taxes for that local government/ so that when amended subsection (F) of Section 11-37-270 shall read:

/(F) In the event any project sponsor fails to effect the punctual payment of the principal of or interest on any loan agreement the provisions of Section 11-37-260 apply. In the event the project sponsor receives no state aid, the Comptroller General may levy and require the applicable county treasurer to collect and to remit to the Authority an ad valorem tax sufficient to meet the obligation of the project sponsor only after prior approval of the governing body that levies taxes for that local government. It is expressly declared that the claim of the State against other state aid of a defaulting project sponsor is a first lien./

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. McEACHIN moved to adjourn debate upon the Bill.

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

Reps. McEACHIN, GENTRY and J.W. JOHNSON objected to the Bill.

S. 194--AMENDED AND POINT OF ORDER

The following Bill was taken up.

S. 194 -- Senators Macaulay and Drummond: A BILL TO AMEND SECTION 44-7-1430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HOSPITAL REVENUE BOND ACT, SO AS TO DEFINE "AUTHORIZING ISSUER", "INTERGOVERNMENTAL LOAN AGREEMENT", "PROJECT COUNTY", AND "SUBSIDIARY LOAN AGREEMENT"; AND TO AMEND SECTION 44-7-1640, RELATING TO THE POWERS GRANTED BY THE HOSPITAL REVENUE BOND ACT AND THE ADOPTION OF BOND RESOLUTIONS, AND ARTICLE 11, CHAPTER 7, TITLE 44, RELATING TO THE HOSPITAL REVENUE BOND ACT, BY ADDING SECTIONS 44-7-1650 THROUGH 44-7-1720 SO AS TO AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF BONDS AND THE LENDING OF THE PROCEEDS TO HOSPITAL OR PUBLIC AGENCIES TO CONSTRUCT OR ACQUIRE HOSPITAL FACILITIES.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc. No. 4342Y), which was adopted.

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

/SECTION 1. Section 1 of Act 1305 of 1974, as last amended by Act 322 of 1975, is further amended to read:

"Section 1. The General Assembly finds that by Act 1393 of 1972, now codified as Section 59-101-30 of the 1976 Code of laws, the State of South Carolina was authorized to acquire the properties of Lander College and to operate Lander College as a ~~State-supported~~ state-supported institution of higher learning and that the State College Board of Trustees was established as the ~~Governing Body~~ governing body of Lander College upon such acquisition.

The General Assembly also finds that under the authority of item (19) of Section 4 of Act 353 of 1969, now codified as item (19) of Section 59-105-40 of the 1976 Code of Laws, the State College Board of Trustees is authorized to issue revenue bonds as provided in ~~Article 3, Chapter 5, Title 22 of the 1962 Code~~ Article 5 of Chapter 119 of Title 59 of the 1976 Code of Laws, on behalf of the ~~State-supported~~ state-supported colleges under its jurisdiction.

The General Assembly further finds that Lander College is in need of additional student and faculty housing facilities and therefore is now minded to authorize the State College Board of Trustees to issue ~~three million dollars of~~ additional student and faculty housing revenue bonds in order to finance additional student and faculty housing facilities at the college."

SECTION 2. Section 3 of Act 1305 of 1974, as last amended by Act 322 of 1975, is further amended to read:

"Section 3. To the end that the trustees may acquire such additional student and faculty housing facilities, the trustees ~~shall be~~ are permitted to borrow, from time to time, ~~not exceeding the aggregate principal amount of three million dollars~~ such amounts as may be necessary so long as there are not outstanding at any one time bonds issued pursuant to this act in excess of five million dollars. The proceeds of the loans herein authorized ~~shall~~ must be used in the acquisition, construction, reconstruction, renovating, and equipping of dormitories and buildings designed for student and faculty housing and auxiliary and related facilities to be located on lands owned by the State or to be acquired by the State. Such buildings when acquired or constructed, reconstructed, renovated, or equipped ~~shall~~ must be used for the purpose of providing housing and auxiliary and related facilities for students and faculty at Lander College."

SECTION 3. Section 4 of Act 1305 of 1974, as last amended by Act 322 of 1975, is further amended to read:

"Section 4. All bonds issued pursuant to this act ~~shall be~~ are payable from the entire rental revenues derived from all student and faculty housing facilities ~~and auxiliary and related facilities~~ and, where applicable, all revenue from auxiliary and rented facilities now and hereafter owned by the trustees at Lander College."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. P. 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.

HOUSE STANDS AT EASE

On motion of Rep. BLACKWELL, the House stood at ease until the Joint Assembly.

JOINT ASSEMBLY

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

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

ADDRESS BY DR. BILLY GRAHAM, WORLD EVANGELIST

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

H. 2205 -- Reps. Evatt, -Cooper, Beasley, Fair, Lewis, L. Phillips, Hayes, Klapman, Kay, Townsend, L. Martin and Blackwell: A CONCURRENT RESOLUTION INVITING DR. BILLY GRAHAM, WORLD RENOWNED EVANGELIST, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, APRIL 29, 1987.

Dr. Graham and distinguished party were escorted to the rostrum by Governor Carroll A. Campbell, Senators J. Verne Smith, Garrison and Mitchell, and Reps. COOPER, FAIR and WASHINGTON.

The President of the Senate recognized Governor Carroll A. Campbell as follows:

"Dr. Graham, on behalf of the South Carolina House and the South Carolina Senate, it gives me a great deal of pleasure and is an extreme honor to welcome you to this Joint Session of our General Assembly. Last night Emilie and I had an opportunity to be a part of your platform committee and witness an inspirational ceremony at Williams-Brice Stadium. All of us were truly inspired with your remarks about the home and other values that mean so much to South Carolinians. We thank you, sir, for your visit once again to South Carolina with your distinguished party and for the tremendous spiritual impact you have on our people today and for years to come. Thank you once again. At this time, I would like to introduce some additional members of Dr. Graham's party and some of his friends that are with us today, and I'm sure that we could go on for hours recognizing these individuals, because all of you know them so well: my good friend, and fellow Greenwood Countyman, Cliff Barrows, he had all 30,000 in attendance last night singing in unison; and, of course, an individual we all know so well, and hopefully at the end of the program we'll be able to hear his melodious voice singing before us, and that is George Beverly Shea; and, of course, the individual that I understand worked diligently with Dr. Graham in the days of the sawdust trail, as they call it, during the time when the tents and the sawdust were prevalent among their activities in evangelism, our good friend, and gentleman who today had a book authoring party in downtown Columbia, Grady Wilson; and, T. W. Wilson. We welcome all of you to the Joint Session of the General Assembly. Without further adieu, I would like to introduce to you, his Excellency, the Governor of South Carolina, Carroll A. Campbell, Jr. for the purpose of introducing our distinguished speaker."

Governor Carroll A. Campbell introduced Dr. Graham as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly, ladies and gentlemen, scores of dignitaries have graced this hall. We have heard politicians and we have heard people from all walks of life speak. We have heard Presidents, generals, Nobel Prize winners, and people from all walks of life who have distinguished themselves in their service to mankind. None more so than our distinguished speaker today.

The English language contains no words to describe Billy Graham's impact on this tiny planet that we call Earth. Let me give you an example -- he has preached the Gospel in person to more than 106 million people, more than anyone else in the history of the world. Countless hundreds of millions have heard his simple message of the Gospel through television, radio, print and film. I say simple message in the very best of terms, because his message is such that a person with a Ph.D. or a ten-year-old can understand it with clarity. That's the importance and that's the magic of the ability that Billy Graham has to make so clear to us some things that ought to be clear without a message. His ministry is four decades old. He has preached in every state in America. He has preached in more than six dozen foreign countries.. Since 1977, he has even had the opportunity to conduct preaching missions in virtually every country in Eastern Europe, taking his message behind the Iron Curtain. This August, he takes his message to the People's Republic of China, because his message is universal. And now he is honoring us by bringing the good news to South Carolina.

But despite all of his accomplishments, there is something else that's very special about our speaker today. Despite consistently being admired as one of the most admired people in the world, Billy Graham remains a man of humility. That's because he is a man of God. He is indeed a servant, a servant to mankind. We have, on a personal note, the ties that South Carolina has to Billy Graham. His grandfather comes from Fort Mill, South Carolina, and he was born on the South Carolina side of Charlotte. I had the privilege of being with Dr. Graham to open the crusade, and I watched there as young people came down out of the stands. I watched about 800 young people from Fort Jackson that were in training, and over a third of them came forward, because of the message and the clarity with which he delivered his message. On a more personal note, I had the privilege, over the past hour, of sitting and talking with Dr. Graham about some things that are very personal to me. He took the time to explain some of the feelings that I might have internally, and to talk about the importance of what life is all about. Ladies and gentlemen, Join me in welcoming Dr. Billy Graham."

Dr. Graham:

"Governor Campbell, Lt. Governor Theodore, Speaker Sheheen, ladies and gentlemen, it's been my privilege to address several, well, a number of joint sessions of legislatures throughout the country. The first was the State of Massachusetts in 1950. I did not know until a few weeks ago, that the man who introduced me was the Speaker, who happened to be named Tip O'Neill; he told an audience in Washington that in my hearing, and that was the first time I realized who he was at that time. Of course, I have known him for years, but I didn't realize he was the one to introduce me. Now this week, we are having the Kentucky Derby, and being here today makes me think of the man from North Carolina who decided he was going to put his mule in the Kentucky Derby. And they said, 'You don't expect to win, do you?', and he said, 'No, but look at the company he'll be in.' I don't expect to be elected to the legislature, but look at the company I'm in today.

You're going to have the Pope coming here in September, and the stadium will be jammed and overflowing. I wish I could be here. I think it's wonderful that you're having this ecumenical year, and having the Archbishop of Canterbury and the Pope, and I feel honored to even be mentioned in the same breath with some of those great leaders. But, it reminds me also of a story that maybe you tell in your political campaigns, because it's an old story, about the man that was from South Carolina, he was a Baptist from way back in South Carolina, but he loved horses, he raised horses. And he was up North, outside of New York, and he saw they were going to have this horse race, and he decided he would go, but being a Baptist from South Carolina, he was not supposed to gamble. 'So,' he said, 'I'll just watch the horses run.' So he went out and enjoyed watching the horses run, and he saw a strange sight. He saw a Catholic priest blessing a horse, and that horse won. That happened four times in a row. He said, 'This is not gambling, this is a sure thing.' So, he watched the priest bless another horse, and he went and put all the money he had in his pockets on that horse. He said, 'I'll give it to the church.' Well, the horse took off at the head of the pack, but halfway around he began to buck, foam at the mouth, and the horse fell over dead. He went to see the Catholic priest, he found him in the crowd, and he said, 'Father, what happened? I saw you bless four horses and they won, and you blessed the fifth horse and he fell over dead.' And the Father looked at him and said, 'You must not be Catholic.' He said, 'No, I'm a Baptist from South Carolina.' The priest said, 'Well, if you had been a Catholic, you would have known the difference between the blessing and the Last Rites.' So, I think it's good that we know each other and each other's background, and some of the theology in our different ways.

I know that my time is limited to an hour or two. But I would like to speak to you just a moment about qualities of leadership that I think we need in government and that we need in every phase of our society today, because whether we like it or not, our society is threatened from every angle, and history cannot repeat itself. Why? Because of technology, we've never had the technology to destroy the world before as we do now. We have never had a plague in the history of the world like AIDS. I talked to the Surgeon General on the phone the other day, Dr. Koop. And after that conversation, I just shook my head. There's not even a glimmer of hope at the moment that we are making any progress towards solving that problem. And it's sweeping so fast throughout the world, that some scientists are predicting that it could end the human race. When Albert Einstein was getting his picture taken by a German photographer that he had helped to bring over here at the end of the war, he spoke to this photographer, and he said, 'You know, I've had second thoughts about writing that letter to President Roosevelt about my formula E=MC2. I'm not sure I would write it, if I had to do it over again.' The photographer asked him, 'Dr. Einstein,' -- he wasn't a doctor; he didn't believe anybody or any university was great enough to give him a doctor's degree. But he called him Dr. Einstein, and he said, 'Dr. Einstein, do you see any hope for peace in the world?' He said, 'No, not as long as we have people, there won't be peace. Man is a fighting being.' And so, we see from within, from without, all over the world, and here we are trying to lower the number of nuclear warheads in Europe, and we're having a struggle doing that, and even opposition. We ought to make a few steps. I applaud the President and those in authority on all sides, and Mr. Gorbachev, for trying to find a solution to this thing, because it's gotten out of hand, and AIDS has gotten out of hand. These are just two problems among hundreds of problems that one could mention.

But, I'm an optimist. I was walking through the Senate Dining Hall some time ago, when one of the Senators grabbed me by the arm, and he said, 'Billy, we're having a discussion between optimism and pessimism, which are you?' I said, 'I'm an optimist.' He said, 'Why are you an optimist?' I said, 'I'm an optimist because I've read the last verse in the Bible. My hope is not in this world, but in a future world.' But I'm an optimist for several reasons. First, I believe in a sovereign God. My confidence is not in circumstances, not in a political system; it's in God. Second, I'm an optimist, because as a Christian, I know that there's a future life, there's more to life than just this temporary existence we have here. I was at a university some time ago speaking, and always have question and answer periods, if possible, because I enjoy that more than any other part of my ministry. And this student said, 'All right, you're sixty-some years of age. What's the greatest surprise of your life?' I said, 'The greatest surprise of my life is the brevity of life. I cannot believe that I am now almost 69 years old. I feel like 18 in my heart and in my soul.' 'But,' I said, 'life passes just like that.' You can't tell young people that, there's no way to explain it to them. Third, I'm an optimist, because I still believe it's possible to grapple with some of the problems that we have and solve them.

But we need leaders, and we are short of leaders today. I was reading what one of the leaders of a certain political party in this country said, and he said, 'We're having a difficult time finding candidates in a certain state, because we just don't have people with those qualities of leadership, or because they don't want to run, or they're afraid to run, technology has now taken over, and they're afraid to have their lives so scrutinized, as a political leader has to have today with the television, with investigative reporting, and all that goes on.' It's a problem. What kind of leaders do we need? First, we need leaders with integrity, the same on the inside as you are on the outside, the same man when you're in a hotel room a thousand miles from here, as you are in your home. Are you a man of integrity? Secondly, personal security, not physical security or job security. We read a great deal about that, and I heard about this man who was written up in Newsweek. He was installed as the new CEO at this big company. He said, 'I didn't mind it when they wrote my name in chalk on my office door, but when they hung a wet sponge behind it, I did resent that.' But we're talking about emotional, personal security, from knowing and accepting who we are, why we're here, and where we're going. Most of our careers are not set up to give that type of security. We should diversify our emotional portfolios. A part of that diversification should include a proper emphasis on the spiritual side of our lives. Jesus said, 'Peace I leave with you, and my peace I give unto you. Let not your heart be troubled, and do not let it be afraid.' And the only kind of peace that we can really have is what Christ gives us. There is no real lasting peace outside of him.

In traveling, I've been to 64 countries now, and talked to university students by the million all over the world. Way out in Siberia at a great university, they took me from one department to the other, and then they set up a debate for me to debate the head of the anthropology department and all those brilliant professors and the students and professors sitting out there. They showed me how they thought that Americans came from Siberia through the Bering Strait, and, I said, 'I don't think any anthropologist in America would disagree with you.' And then I asked him a question that he couldn't answer, and neither could the faculty. I said, 'Do you have Frazier's Golden Bough here?' That's sort of the Bible of anthropologists, 21 volumes. I said, 'In that Golden Bough, he says they've never found a tribe or a group of people anywhere in the world that didn't worship some God or gods. It might be the wind blowing in the trees, or it might be in Hinduism or Islam or Buddhism or whatever it is. Have you ever found a group of people in the world that did not believe in God?' Well, he had already told me he didn't believe in God, and he had already told me he was a Communist. That's the opening statement, usually, in things like that, and then they feel free to talk when it's on record that he had said that. And, he said, 'No, you're right. Everywhere in the world people believe in God, or a god of some sort.' I said, 'Why do you think that's true? Why do you think man is built to worship like that?' He smiled; he was a young man that, I think, had a German background. He looked out to some of the faculty, and he said, 'I'm going to ask some of my colleagues to help me on that one.' And that's true, man is a worshipping creature, but who do we worship? What does that person that we worship do to our lives? Well, I want to tell you from my own personal experience Jesus Christ can direct your life and bring you a peace in your home and your family. You know, when you're in politics, there's always a strain on the marriage. There's a strain in various aspects of your life that's very unusual. You need to have that fortified by strong faith. If you haven't made your commitment to Christ, you make it now.

I believe that in South Carolina, there is a spirit of revival and awakening taking place in this state that's quite unique in my experience. I've never seen people so anxious and so willing to talk about God and religion and faith as I find right now in South Carolina. Our people have gone all over this state and they all say the same thing, 'I've never met such friendly people as you have in South Carolina.' This is a remarkable state. I told the Governor you ought to put on your license plate, 'The Friendliest State', and let that be your motto. You are the friendliest state in the country, but you're also a God-fearing state.

But then we, in our leadership, need leaders with a sense of priority, with the ability to separate the important from the unimportant, the critical from the trivial, the eternal from the temporary. It's essential for our daily tasks, but it's also true for the overall direction of our lives. And until a person gets his priorities straight, everything else is going to be out of order. Many of you are adept at planning, but many of you don't give much attention to your own life plan and the direction you're going and why. We get swamped by the pressures and details of daily life, we don't take time to think about the goals of our own personal life. Bill Marriott, who owns the Marriott Hotels, Bill Marriott, Sr., was one of my closest friends for many years. I preached his funeral even though he was a Mormon. One day, he was taking me out to see the Mormon temple in Washington, right after it had been built, and he wanted me to see the lights, it was two or three days before Christmas, and T. W. Wilson was with me and he remembers. He wanted to drive personally, he didn't want his chauffeur to drive, he wanted to drive. He drove that Cadillac, and he was going down the road about 60 or 70 miles an hour. And I said, 'Bill, you are lost. You're going the wrong direction, but you're making good time.' And we had to turn around and go back in the opposite direction, because he had gotten disoriented. Jesus said, 'Seek first the Kingdom of God in His righteousness, and all these things will be added unto you.'

And then the fourth quality, I think, is the quality of vision, to see what can be done, and ought to be done, and how to get there. You know political systems and companies and departments that have lost their vision. Do you have a vision or has your vision been dimmed? Do you have a vision of a greater South Carolina, a greater and more wonderful family? Do you have a vision of spending more time with your family? More time with Cod? A vision of really getting to business with God? You know, most people go to church in South Carolina, but most people in South Carolina don't know Christ personally. They don't have a personal relationship with God, and they need that personal relationship. That's why we have Good Friday and Easter. Because on Good Friday, Christ died on the Cross for you and He died for me. He shed His blood for us. And He tells us we have to repent of our sins and receive Him as our Lord and our Saviour. Then He'll come into our hearts and give a whole new direction to our lives. I was reading about the chairman of the board of one of our largest companies in America. He went up to see the president, and the president was not available. His secretary said, 'I'm sorry to tell you this, sir, but he's busy, he's got an appointment, could you either wait a few minutes or come back, or call?' He said, 'No, I've got to see him now.' and he pushed the door open. And the president of his company was on his knees in prayer, beside his desk with the Bible open on the desk. And the chairman backed out slowly, and he said to the secretary, 'I now know why we are doing so well in our company, and why I have to come to him for advice.' Get our priorities straight. Get a vision of what can happen if you have Christ in your heart, and what can happen in South Carolina with Christ. Thank you and God bless you."

Lt. Governor Theodore:

"Reverend Graham, obviously by the thunderous applause which you have just witnessed, and as you said, South Carolina is a friendly state, but it's easy to be friendly to a great American who has meant so much to mankind. We thank you for taking time out from what we know is a demanding crusade schedule to allow South Carolina to be on your schedule this year. As the Reverend so aptly put it last night at your crusade, this visit to South Carolina will mean that South Carolina will not be the same, and the positive results will be realized and remembered for years and generations to come. Thank you once again on behalf of our Joint Assembly. We have imposed on our good friend, George Beverly Shea, even though we don't have musical accompaniment, to come forth and allow you to hear him sing one of his favorite hymns for us today." (Mr. Shea sang 'Amazing Grace'.) "Thank you, George. Once again, we thank the Reverend Billy Graham, a great American, and his very effective party with him today, Cliff Barrows, George Beverly Shea, T. W. Wilson and Grady Wilson. Thank you all for being with us."

Upon the conclusion of his address, Dr. Graham and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

Rep. PEARCE moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

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

HOUSE RESOLUTION

The following was introduced:

H. 3075 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 2869, RELATING TO THE IMPOSITION OF ADDITIONAL GASOLINE TAXES AND OTHER MATTERS, FOR SECOND READING OR OTHER CONSIDERATION ON APRIL 29, 1987, IMMEDIATELY FOLLOWING THE CALL OF THE CALENDAR FOR CONSIDERATION OF SENATE AMENDMENTS ON BILLS, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 2869 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 2869 be set by special order for second reading or other consideration on April 29, 1987, immediately following the call of the calendar for consideration of Senate amendments on bills and continuing each legislative day thereafter immediately following the call of the calendar for consideration of Senate amendments on bills until H. 2869 is given second reading or it is otherwise disposed of.

Rep. TOAL explained the Resolution.

The Resolution was adopted.

H. 2639--DEBATE ADJOURNED

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

H. 2639--OBJECTION WITHDRAWN

Rep. BLANDING withdrew his objection to H. 2639.

H. 2947--ORDERED TO THIRD READING

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

H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.

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

STATEMENT BY REP. J. ROGERS

Rep. J. ROGERS, with unanimous consent, made a statement relative to an article in the Christian Science Monitor on the Education Improvement Act.

INTRODUCTION OF BILL

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

H. 3076 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR ONE ADDITIONAL MILL OF THE TAX LEVY IN THE COUNTY TO BE USED BY THE COUNTY BOARD OF EDUCATION AND THAT SCHOOL DISTRICT NOS. 3 AND 7 MAY ADD MILLAGE FOR THE 1987-88 FISCAL YEAR WITHOUT A REFERENDUM.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.

Rep. TAYLOR objected.

H. 2263--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 2263 -- Judiciary Committee: A BILL TO AMEND CHAPTER 4 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, BY ADDING SECTION 30-4-15 SO AS TO SET FORTH THE PUBLIC POLICY OF THAT CHAPTER AND PROVIDE THE BASIS FOR CONSTRUING IT; TO AMEND SECTION 30-4-20, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD LANGUAGE TO DEFINE FURTHER THE TERM "PUBLIC BODY", AND TO ADD AND DELETE LANGUAGE UNDER THE DEFINITION OF "PUBLIC RECORD"; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, FEES, AND NOTIFICATION AS TO PUBLIC AVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT IF THE REQUEST FOR PRODUCTION IS GRANTED, THE RECORD MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING, AND TO PROVIDE THAT IF WRITTEN NOTIFICATION OF THE DETERMINATION OF THE PUBLIC BODY AS TO THE AVAILABILITY OF THE REQUESTED PUBLIC RECORD IS NEITHER MAILED NOR PERSONALLY DELIVERED TO THE PERSON REQUESTING THE DOCUMENT WITHIN A CERTAIN PERIOD OF TIME, THE REQUEST MUST BE CONSIDERED APPROVED; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR THE EXEMPTION OF THE COMPENSATION OF FULL-TIME EMPLOYEES AT OR BELOW THE LEVEL OF FIFTY THOUSAND DOLLARS ANNUALLY, PROVIDE FOR THE EXEMPTION OF INFORMATION RELATIVE TO THE IDENTITY OF THE MAKER OF A GIFT TO A PUBLIC BODY UNDER CERTAIN CONDITIONS AND DEFINE "GIFT TO A PUBLIC BODY", AND REQUIRE THE PUBLIC BODY, UNDER CERTAIN CONDITIONS, TO MAKE NONEXEMPT MATERIAL AVAILABLE IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 4 OF TITLE 30; TO AMEND SECTION 30-4-70, RELATING TO MEETINGS WHICH MAY BE CLOSED UNDER THE FREEDOM OF INFORMATION ACT AND EXECUTIVE SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DISCUSSION OF CERTAIN MATTERS CONCERNING AN EMPLOYEE, A STUDENT, OR A PERSON REGULATED BY A PUBLIC BODY MAY BE HELD IN A MEETING CLOSED TO THE PUBLIC, DELETE CERTAIN LANGUAGE, AND REQUIRE THE PRESIDING OFFICER TO ANNOUNCE THE SPECIFIC PURPOSE OF AN EXECUTIVE SESSION REGARDING A PUBLIC AGENCY; TO AMEND SECTION 30-4-80, RELATING TO NOTICE OF MEETINGS OF PUBLIC BODIES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE ALL PUBLIC BODIES TO NOTIFY PERSONS OR ORGANIZATIONS, AND OTHERS, OF THE TIMES, DATES, PLACES, AND AGENDA OF ALL PUBLIC MEETINGS; AND TO AMEND SECTION 30-4-100, RELATING TO INJUNCTIVE RELIEF, COSTS, AND ATTORNEY'S FEES UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO, AMONG OTHER THINGS, ALLOW ANY CITIZEN OF THE STATE TO APPLY TO THE CIRCUIT COURT FOR EITHER OR BOTH A DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF TO ENFORCE CHAPTER 4 OF TITLE 30 AS LONG AS APPLICATION IS MADE NO LATER THAN ONE YEAR (RATHER THAN SIXTY DAYS) FOLLOWING THE DATE ON WHICH THE ALLEGED VIOLATION OCCURS OR ONE YEAR AFTER A PUBLIC VOTE IN PUBLIC SESSION (RATHER THAN SIXTY DAYS AFTER RATIFICATION OF SUCH ACT IN PUBLIC SESSION), WHICHEVER COMES LATER, AND PROVIDE THAT A VIOLATION OF CHAPTER 4 TITLE 30 MUST BE CONSIDERED TO BE AN IRREPARABLE INJURY FOR WHICH NO ADEQUATE REMEDY AT LAW EXISTS.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 2743--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

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.

SPEAKER PRO TEMPORE IN CHAIR

Rep. FOXWORTH explained the Senate amendments.

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

H. 2333--DEBATE ADJOURNED

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

H. 2333 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, BY DELETING PROVISOS RELATING TO RESTRICTIONS ON THE USE OF FUNDS FROM THE SETTLEMENT OF THE NURSING HOME LAWSUIT AND AUTHORITY TO CARRY OVER UNSPENT MEDICAID FUNDS TO DEVELOP A HEALTH MAINTENANCE ORGANIZATION PILOT PROJECT AND TO PROVIDE THAT STATE FUNDS MADE AVAILABLE AS A RESULT OF THE DELETIONS MUST BE USED TO REDUCE THE CURRENT MEDICAID DEFICIT.

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

H. 2496--DEBATE ADJOURNED

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

H. 2496 -- Reps. Kohn and J. Bradley: A BILE TO AMEND SECTION 38-43-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECTIVE DATE OF CERTAIN INSURANCE FILINGS, SO AS TO EXTEND FROM SIXTY DAYS TO ONE YEAR THE MAXIMUM ADDITIONAL WAITING PERIOD THE CHIEF INSURANCE COMMISSIONER MAY REQUEST BEFORE HE IS REQUIRED TO RULE ON THE FILING.

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

H. 2869--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4264Y), which was adopted.

Amend the bill, as and if amended, in Section 12-27-1260 of the 1976 Code, as contained in SECTION 1, page 4, lines 9 through 12, by striking /and earning on investments from this fund remain part of the separate fund and may not be deposited in the general fund./ and inserting /must remain part of the separate fund. All earnings on investments from this fund must be deposited in the general fund of the State./ so that when amended Section 12-27-1260 shall read:

/Section 12-27-1260. The revenue derived from the tax levied by Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 in this chapter must be remitted to the State Treasurer to be credited to the fund established for the Strategic Highway Plan for Improving Mobility and Safety. This fund must be separate and distinct from the state general fund and highway fund. All unappropriated money in this fund must remain part of the separate fund. All earnings on investments from this fund must be deposited in the general fund of the State. Money from this fund may be spent only for the purpose of funding the Strategic Highway Plan for Improving Mobility and Safety Program administered by the department and funding the Economic Development Account as provided for in Section 12-27-1270. No funds may be expended from this account for any purpose other than for payment of engineering and planning, right-of-way acquisition, and construction of projects on the list submitted as provided in Section 12-27-1280 or those designated for economic development by the Coordinating Council for Economic Development as provided in Section 12-27-1270./

Amend further in Section 12-27-1270, page 5, line 14, by inserting after /plan/ /which must be submitted to the General Assembly on completion of the plan/ so that when amended Section 12-27-1270 shall read:

/Section 12-27-1270. The first ten million dollars generated from the tax as levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account is to be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. All funds devoted to the economic development account are to remain in the fund if not expended in the previous fiscal year. Annually, ten million dollars from the tax as levied in Section 12-27-1210 must be deposited to the Economic Development Account. The total in the account at no time may exceed twenty million dollars. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan./

Amend further in Section 12-27-1280, page 5, lines 1 through 4, by striking /Governor, the Speaker of the House of Representatives, the President of the Senate, and the South Carolina Coordinating Council on Economic Development/ and inserting /Select Oversight Committee established in Section 12-27-1300/; on line 15, by striking /The method must include, but is not limited to, the following elements:/ and by striking on lines 17 through 21:

/(1) the need for increasing roadway capacity;

(2) the need to decrease accident potential and improve safety;

(3) economic benefit to be achieved from the project./; and inserting:

/A minimum of forty percent of the funds must be allocated among projects selected by socioeconomic factors. A minimum of forty percent of the funds must be allocated among projects selected by transportation factors.

The parameters used to determine the socioeconomic index are:

(1) per capita employment;

(2) farm acres per square mile;

(3) per capita income;

(4) population per square mile;

(5) existing interstate and primary road mileage per square mile. The parameters used to determine the transportation index are:

(1) average daily traffic (ADT);

(2) roadway width;

(3) shoulder width;

(4)surface width;

(5) gradient;

(6) curvature;

(7) sight distance;

(8) truck traffic;

(9) economic benefit./ so that when amended Section 12-27-1280 shall read:

/Section 12-27-1280. The department shall submit to the Select Oversight Committee established in Section 12-27-1300 a priority list of the first fifty projects to be funded under the Strategic Highway Plan for Improving Mobility and Safety Program within six months after the effective date of this article. This priority list must be revised and updated annually and submitted after that date by October first of each year.

The method used to determine project priorities must accompany the priority list. A minimum of forty percent of the funds must be allocated among projects selected by socioeconomic factors. A minimum of forty percent of the funds must be allocated among projects selected by transportation factors.

The parameters used to determine the socioeconomic index are:

(1) per capita employment;

(2) farm acres per square mile;

(3) per capita income;

(4) population per square mile;

(5) existing interstate and primary road mileage per square mile.

The parameters used to determine the transportation index are:

(1) average daily traffic (ADT);

(2) roadway width;

(3) shoulder width;

(4)surface width;

(5) gradient;

(6) curvature;

(7) sight distance;

(8) truck traffic;

(9) economic benefit./

Amend further in Section 12-27-1290, page 6, line 2, by inserting after /unless/ /in conjunction with federal funds authorized for use on toll roads or/ so that when amended Section 12-27-1290 shall read:

/Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads or it can be shown that the imposed tolls would generate seventy-five percent of the cost of the project. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease./

Amend further in Section 12-27-1300, page 6, lines 1 and 2, by striking /select committee/ and inserting /Select Oversight Committee/; on line 4, by inserting after /12-27-1240/ /and oversee the establishment of priorities/; on lines 8 and 9, by striking

/(1) Speaker of the House of Representatives, or his designee, and a member of the House appointed by the Speaker;/ and inserting:

/(1) the Governor or his designee;

(2) Speaker of the House of Representatives or his designee;

(3) a member of the House appointed by the Speaker;/; on line 11, by striking /(2)/ and inserting /(4)/; on line 13, by striking /(3)/ and inserting /(5)/; on line 15, by striking /(4)/ and inserting /(6)/; on line 17, by striking /(5)/ and inserting /(7)/; on line 19, by striking /(6)/ and inserting /(8)/; on line 21, by striking /(7)/ and inserting /(9)/; on line 24, by inserting after /chairman/ /upon majority vote of the committee/; on line 27, by inserting after /monitored/ /and priorities established/; and on line 30, by striking /must be/ and inserting /shall come from existing staff/ so that when amended Section 12-27-1300 shall read:

/Section 12-27-1300. There is created a Select Oversight Committee to monitor funds generated from the tax levied under the provisions of Sections 12-27-1210 through 12-27-1240 and oversee the establishment of priorities for the implementation of the Strategic Highway Plan for Improving Mobility and Safety Program. This committee consists of the following persons:

(1) the Governor or his designee;

(2) Speaker of the House of Representatives or his designee;

(3) a member of the House appointed by the Speaker;

(4) Chairman of the Education and Public Works Committee of the House of Representatives;

(5) Chairman of the Ways and Means Committee of the House of Representatives, or his designee;

(6) Chairman of the Finance Committee of the Senate, or his designee;

(7) President Pro Tempore of the Senate, or his designee;

(8) Chairman of the Transportation Committee of the Senate;

(9) a member of the Economic Coordinating Council appointed by the Chairman of the council.

A member of the General Assembly shall serve as chairman upon majority vote of the committee.

The committee shall meet no less than once a quarter and shall submit annually a report to the General Assembly on all funds monitored and priorities established under the provisions of this section prior to March fourth.

Staff support shall come from existing staff assigned by the Speaker of the House and the President Pro Tempore of the Senate./

Amend further in Section 12-27-1310, page 6, line 4, by striking /"/ and inserting a new section to read:

/Section 12-27-1320. Notwithstanding any other provisions of law, not less than ten percent of the total Strategic Highway Plan for improving Mobility and Safety Program funds contracted for construction purposes during any fiscal year must be expended with small business concerns owned and controlled by economically and socially disadvantaged individuals as defined in Section 11-35-5010 or owned and controlled by women, as certified by the Department of Highways and Public Transportation. The department must give at least thirty days' notice to these small business concerns on their list of contracts to be let. When these small business concerns are not available to perform the work required by the provisions of this section, the department must verify and record this fact which verification must be preserved in the records of the department. No contractor may be excluded from consideration for an award of a construction contract under this section if the prime contractor files with the department an affidavit with sufficient proof that there is no small business concern located in South Carolina that can satisfactorily perform any of the construction work required under the contract."/

Amend title to conform.

Rep. SHEHEEN explained the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 66 to 17.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 4395Y), which was tabled.

Amend the bill, as and if amended, by striking Sections 12-17-1210, 12-27-1220, 12-27-1230, 12-27-1240, and 12-27-1250 as contained in SECTION 1 and inserting:

/Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240 every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to one cent a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective July 1, 1988, and July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied.by this section.

Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county shall pay an additional tax of one cent a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective July 1, 1988, and July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of one cent a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective July 1, 1988, and July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section.

Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to one cent a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective July 1, 1988, and July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1250. In addition to the credit provided for in Section 12-31-450 every motor carrier subject to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to one cent a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Effective July 1, 1988, and July 1, 1989, the additional credit authorized by this section is increased by one cent to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title./

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. LOCKEMY spoke upon the amendment.

Rep. SHEHEEN moved to table the amendment.

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

Yeas 56; Nays 48

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Barfield               Beasley                Bennett
Boan                   Brown, G.              Brown, J.
Brown, R.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Ferguson               Gentry
Gilbert                Gregory                Hawkins
Helmly                 Hodges                 Kay
Keyserling             Lockemy                Martin, D.
McBride                McEachin               McElveen
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Nettles
Ogburn                 Pearce                 Phillips, O.
Rhoad                  Rogers, J.             Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Toal                   Townsend               Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--56

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Baker
Baxley                 Blackwell              Bradley, P.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Day                    Derrick                Foxworth
Harris, J.             Harris, P.             Haskins
Hendricks              Holt                   Huff
Johnson, J.C.          Jones                  Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, L.             Mattos
McAbee                 McCain                 McGinnis
Nesbitt                Pettigrew              Petty
Rice                   Rogers, T.             Rudnick
Sharpe                 Thrailkill             Tucker
Waldrop                Wells                  Winstead

Total--48

So, the amendment was tabled.

Rep. THRAILKILL proposed the following Amendment No. 4 (Doc. No. 4373Y), which was tabled.

Amend Section 12-27- 1260 by striking the /./ at the end and by adding / and for construction and repair of secondary roads (farm to market roads) ten percent of the gross revenues collected must be allocated on a priority basis to each county based upon the needs of a county./

Amend title to conform.

Rep. THRAILKILL explained the amendment.

Rep. PEARCE moved to table the amendment.

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

The amendment was then tabled by a division vote of 54 to 10.

Reps. AYDLETTE, OGBURN, DAY, THRAILKILL, WINSTEAD, HOLT, FOXWORTH, WILDER, SHORT, RHOAD and DERRICK proposed the following Amendment No. 5, which was tabled.

Amend as and if amended, to add a new section appropriately numbered:

fees for vehicle license tags are to be as follows:

1. private passenger vehicle - $10.00

2. special design or customized tags - $25.00

3. all exemptions currently in law are to remain.

4. all other vehicle tags are to remain the same.

Amend all titles and sections to conform.

Rep. AYDLETTE explained the amendment.

Rep. HAWKINS moved to table the amendment, which was agreed to by a division vote of 45 to 34.

Rep. SHARPE proposed the following Amendment No. 6 (Doc. No. 4402Y), which was tabled.

Amend the report of the Ways and Means Committee, as and if amended, by striking lines 24 through 45 of page 2869-1 and by striking lines 1 through 14 on page 2869-2.

Amend title to conform.

Rep. SHARPE explained the amendment.

Reps. KIRSH and McLELLAN spoke against the amendment.

Rep. McLELLAN moved to table the amendment which was agreed to by a division vote of 70 to 11.

Reps. BAXLEY and HARVIN proposed the,following Amendment No. 7 (Doc. No. 4405Y ), which was later tabled.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section _______. Effective July 1, 1987, the base compensation of all members of the South Carolina Highway Patrol is increased by five percent. This increase is in addition to any other salary increases which are provided by law. Notwithstanding the provisions of Section 12-27-1260 of the 1976 Code or any other provision of this act, the funds necessary to pay this compensation increase and the fixed charges and contributions related thereto must be paid from the funds generated by the additional gasoline taxes imposed by this act./

Renumber sections to conform.

Amend title to conform.

Rep. BAXLEY explained the amendment.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 7 was out of order as it was not germane to the Bill.

Rep. BAXLEY argued that the amendment was germane.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. BAXLEY continued speaking.

Rep. McLELLAN moved to table the amendment.

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

Yeas 48; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Bennett                Boan
Brown, J.              Dangerfield            Davenport
Edwards                Faber                  Foxworth
Gentry                 Gregory                Harris, J.
Hawkins                Hodges                 Johnson, J.C.
Kay                    Keyserling             Kirsh
Klapman                Lockemy                Mappus
Martin, D.             Martin, L.             McBride
McEachin               McElveen               McGinnis
McLellan               McTeer                 Nesbitt
Nettles                Pearce                 Petty
Rogers, J.             Sheheen                Shelton
Short                  Simpson                Thrailkill
Toal                   Washington             Whipper
White                  Wilder                 Williams

Total--48

Those who voted in the negative are:

Arthur                 Aydlette               Baker
Barfield               Baxley                 Beasley
Blackwell              Blanding               Bradley, P.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Day
Derrick                Elliott                Fair
Felder                 Ferguson               Gilbert
Harris, P.             Harvin                 Haskins
Holt                   Huff                   Jones
Koon                   Limehouse              Mattos
McAbee                 McCain                 McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Pettigrew              Phillips, O.           Rhoad
Rogers, T.             Rudnick                Sharpe
Stoddard               Taylor                 Townsend
Tucker                 Waldrop                Wilkins
Winstead

Total--55

So, the House refused to table the amendment.

RECORD FOR VOTING

Because a member of my family is a State Trooper, I refrained from voting on this matter. Had I voted I would have voted "NO".
Rep. CHICK RICE

Reps. McLELLAN and L. MARTIN spoke against the amendment.

Reps. LIMEHOUSE and HARVIN spoke in favor of the amendment.

Rep. FOXWORTH spoke against the amendment.

MOTION NOTED

Rep. P. BRADLEY, moved to reconsider the vote whereby the House refused to table Amendment No. 7 and the motion was noted.
Rep. FOXWORTH continued speaking.

The question then recurred to the motion to reconsider the vote whereby the House refused to table the amendment.

Rep. LIMEHOUSE asked to be recognized.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to reconsider was not debatable as the motion to table was not debatable.

The SPEAKER Pro Tempore sustained the Point of Order.

POINT OF ORDER

Rep. L. MARTIN raised the Point of Order that the motion to reconsider was out of order until the one hour limit on the motion to table had expired.

Rep. TOAL argued that the motion to table could not be made until the hour had expired, but the motion to reconsider was in order at any time during that hour.

The SPEAKER Pro Tempore overruled the Point of Order.

The motion to reconsider the vote whereby the House refused to table Amendment No. 7 was taken up and agreed to by a division vote of 61 to 29.

POINT OF ORDER

Rep. LIMEHOUSE raised the Point of Order that one hour had not expired since similar motion to table had been made.
Rep. TOAL stated that the hour did not apply as the vote on the previous motion to table had been reconsidered, therefore the motion to table was the pending question.

The SPEAKER Pro Tempore overruled the Point of Order.

The question then recurred to the motion to table the amendment.

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

Yeas 69; Nays 32

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, K.
Barfield               Beasley                Bennett
Boan                   Bradley, P.            Brown, H.
Brown, J.              Burriss, J.H.          Cork
Dangerfield            Davenport              Derrick
Edwards                Elliott                Faber
Fair                   Ferguson               Foster
Foxworth               Gentry                 Gilbert
Harris, J.             Hawkins                Hodges
Holt                   Johnson, J.C.          Kay
Keyserling             Kirsh                  Klapman
Koon                   Lockemy                Mappus
Martin, D.             Martin, L.             McEachin
McElveen               McGinnis               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Ogburn                 Pearce                 Petty
Rhoad                  Rogers, J.             Sheheen
Shelton                Short                  Simpson
Snow                   Sturkie                Toal
Townsend               Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--69

Those who voted in the negative are:

Baker                  Baxley                 Blackwell
Brown, G.              Brown, R.              Burriss, M.D.
Carnell                Chamblee               Clyborne
Cooper                 Corning                Day
Felder                 Harris, P.             Harvin
Haskins                Huff                   Jones
Limehouse              McAbee                 McCain
McLeod, J.W.           Moss                   Neilson
Pettigrew              Phillips, O.           Rogers, T.
Rudnick                Stoddard               Taylor
Tucker                 Waldrop

Total--32

So. the amendment was tabled.

Rep. HOLT proposed the following Amendment No. 8 (Doc. No. 4416Y), which was tabled.

Amend the bill, as and if amended, by striking Section 12-27-1280 of the 1976 Code, as contained in SECTION 1, page 2869-3 on lines 35 through 44, and page 2869-4 on lines 1 through 26, and inserting:

/Section 12-27-1280. The department shall submit to the Governor, the Speaker of the House of Representatives, the President of the Senate, and the South Carolina Coordinating Council on Economic Development a priority list of the first fifty projects to be funded under the Strategic Highway Plan for Improving Mobility and Safety Program within six months after the effective date of this article. This priority list must be revised and updated annually and submitted after that date by October first of each year.

The method used to determine project priorities must accompany the priority list. The method must include, but is not limited to, the following elements:

(1) the need for increasing roadway capacity;

(2) the need to decrease accident potential and improve safety;

(3) economic benefit to be achieved from the project./

Amend title to conform.

Rep. HOLT explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. TOAL moved to table the amendment.

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

The amendment was then tabled by a division vote of 72 to 15.

Reps. HOLT, HELMLY, AYDLETTE, H. BROWN, WILLIAMS, J. BRADLEY, MAPPUS, FOXWORTH, E.B. McLEOD, McELVEEN, DANGERFIELD and D. MARTIN proposed the following Amendment No. 9 (Doc. No. 4417Y), which was tabled.

Amend the bill, as and if amended, in Section 12-27-1280 of the 1976 Code, as contained in SECTION 1, page 2869-4, line 11, by inserting after /acres/ /, including water impoundments, state and federal parks, and forests/.

Amend title to conform.

Rep. HOLT explained the amendment.

Rep. M.D. BURRISS moved that the House do now adjourn.

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

Yeas 9; Nays 82

Those who voted in the affirmative are:

Aydlette               Bradley, J.            Burriss, M.D.
Foxworth               Haskins                Koon
Limehouse              Mappus                 Thrailkill

Total--9

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Baker
Barfield               Baxley                 Beasley
Blackwell              Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, P.
Harvin                 Hawkins                Helmly
Hendricks              Hodges                 Huff
Johnson, J.C.          Jones                  Kay
Keyserling             Kirsh                  Lockemy
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Sturkie                Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Winstead

Total--82

So, the House refused to adjourn.

Rep. HOLT continued speaking.

Rep. FELDER spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 75 to 16.

Reps. OGBURN, McLEOD, R. BROWN, MAPPUS, P. BRADLEY, FOXWORTH, AYDLETTE, CORK, L. MARTIN, HENDRICKS and H. BROWN proposed the following Amendment No. 14 (Doc. No. 4346Y), which was tabled.

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

/SECTION 1. Chapter 27 of Title 12 of the 1976 Code is amended by adding:

"Article 13
Additional Taxes on Gasoline Sales

Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240 every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to one cent a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective July 1, 1988, the additional tax imposed by this section is increased by one cent a gallon. Effective July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county shall pay an additional tax of one cent a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective July 1, 1988, the additional tax imposed by this section is increased by one cent a gallon. Effective July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of one cent a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective July 1, 1988, the additional tax imposed by this section is increased by one cent a gallon. Effective July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section.

Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to one cent a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective July 1, 1988, the additional tax imposed by this section is increased by one cent a gallon. Effective July 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1250. In addition to the credit provided for in Section 12-31-450 every motor carrier subject to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to one cent a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Effective July 1, 1988, the additional tax imposed by this section is increased by one cent a gallon. Effective July 1, 1989, the additional credit authorized by this section is increased by one cent a gallon to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title.

Section 12-27-1260. The revenue derived from the tax levied by Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 in this chapter must be remitted to the State Treasurer to be credited to the fund established for the Strategic Highway Plan for Improving Mobility and Safety. This fund must be separate and distinct from the state general fund and highway fund. All unappropriated money in this fund and earning on investments from this fund remain part of the separate fund and may not be deposited in the general fund. Money from this fund may be spent only for the purpose of funding the Strategic Highway Plan for Improving Mobility and Safety Program administered by the department and funding the Economic Development Account as provided for in Section 12-27-1270. No funds may be expended from this account, except as authorized by the panel established under the provisions of Section 12-27-1300, for any purpose other than for payment of engineering and planning, right-of-way acquisition, and construction of projects on the list submitted as provided in Section 12-27-1280 or those designated for economic development.

Section 12-27-1270. The first ten million dollars generated from the tax as levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account is to be expended only upon the authorization of the panel established under the provisions of Section 12-27-1300. All funds devoted to the economic development account are to remain in the fund if not expended in the previous fiscal year. Annually, ten million dollars from the tax as levied in Section 12-27-1210 must be deposited to the Economic Development Account.

The total in the account at no time may exceed twenty million dollars. The panel may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan.

Section 12-27-1280. The department shall submit to the Select Oversight Committee established in Section 12-27-1300 a suggested priority list of the first twenty-five projects to be funded under the Strategic Highway Plan for Improving Mobility and Safety Program within three months after the effective date of this article. This priority list must be revised and updated annually and submitted after that date by October first of each year.

The method used to determine project priorities must accompany the priority list. The method must include, but is not limited to, the following elements:

(1) the need for increasing roadway capacity;

(2) the need to decrease accident potential and improve safety;

(3) economic benefit to be achieved from the project.

Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads or it can be shown that the imposed tolls would generate twenty-five percent of the cost of the project. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Program until the fund is reimbursed. Upon reimbursement, all toll charges shall cease, except those necessary to fund maintenance on the toll road.

Section 12-27-1300. There is created a nine-member panel to establish and review priorities for the implementation of the Strategic Highway Plan for Improving Mobility and Safety Program submitted by the department. The panel is the sole authority to determine the expenditure of funds generated from the tax levied under the provisions of Sections 12-27-1210 through 12-27-1240. The panel consists of the following persons:

(1) the Governor, or his designee;

(2) three members of the Coordinating Council on Economic Development selected by the Governor to serve on a rotating basis with two year terms;

(3) chairman of the Education and Public Works Committee, or his designee;

(4) chairman of the Senate Transportation Committee, or his designee;

(5) chairman of the State Highways and Public Transportation Commission;

(6) executive director of the Department of Highways and Public Transportation;

(7) state highway engineer of the Department of Highways and Public Transportation.

The Governor shall appoint the chairman of this nine-member panel.

Section 12-27-1310. The Department of Highways and Public Transportation shall cooperate in providing information and assistance to implement the provisions of this article.

Section 12-27-1320. The panel created pursuant to the provisions of Section 12-27-1300 shall give priority to projects which have been funded with federal demonstration funds.

Section 12-27-1330. The Department of Highways and Public Transportation shall transfer annually twenty million dollars from state and federal highway funds to be used exclusively to fund the Strategic Highway Plan for Improving Mobility and Safety Program established under the provisions of this act.'

SECTION 2. (A) Of the additional tax levied in Sections 12-27-1210 through 12-27-1240 on gasoline or other motor fuel, two cents on each gallon may not be levied after July 1, 1999.

(B) Of the additional credit provided in Section 12-27-1240 on gasoline or other motor fuel, two cents on each gallon may not be given after July 1, 1999.

SECTION 3. The Highway Commission is directed to make a request to the State Budget and Control Board for the authority to issue up to one hundred twenty-five million dollars in additional bonds pursuant to the provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be used exclusively for the State Highway Plan for Improving Mobility and Safety Program. These bonds must be retired over a fifteen year period from revenue generated by the additional taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code.

SECTION 4. This act takes effect July 1, 1987./

Amend title to conform.

Rep. OGBURN explained the amendment.

Rep. R. BROWN spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. OGBURN spoke in favor of the amendment.

Rep. SIMPSON spoke upon the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 76; Nays 36

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, J.              Carnell                Chamblee
Dangerfield            Day                    Edwards
Elliott                Faber                  Felder
Foster                 Gentry                 Gilbert
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Stoddard               Toal
Townsend               Tucker                 Washington
Whipper                White                  Wilkins
Williams

Total--76

Those who voted in the negative are:

Aydlette               Baker                  Baxley
Blackwell              Bradley, J.            Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Clyborne               Cooper
Cork                   Davenport              Derrick
Fair                   Ferguson               Foxworth
Haskins                Klapman                Koon
Limehouse              Mappus                 Martin, L.
McCain                 McLeod, J.W.           Ogburn
Pettigrew              Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Waldrop                Wells                  Winstead

Total--36

So, the amendment was tabled.

Reps. OGBURN, R. BROWN and AYDLETTE proposed the following Amendment No. 15 (Doc. No. 4399Y), which was rejected.

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

/SECTION _____. Section 56-3-620 of the 1976 Code, as last amended by Section 42A, Part Il, Act 540 of 1986, is further amended to read:

"Section 56-3-620. ~~(1) For persons sixty-five years of age or older, or persons who are handicapped as this term is defined in Section 56-3-1950, the~~ The annual registration fee for every private passenger-carrying vehicle ~~shall be~~ is ten dollars.

~~(2) For all persons under the age of sixty-five years, the annual registration fee for every private passenger-carrying vehicle shall be seventeen dollars.~~

~~(3) For persons sixty-five years of age or older, the annual registration fee for any property-carrying vehicle with a gross weight of five thousand pounds or less shall be fifteen dollars.~~

Renumber sections to conform.

Amend title to conform.

Rep. OGBURN explained the amendment.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 15 was out of order as it was identical to an amendment previously considered and disposed of.

Rep. AYDLETTE stated that the amendment was not verbatim, however, it did attempt to accomplish the same ends.

The SPEAKER Pro Tempore overruled the Point of Order.

Reps. AYDLETTE and LIMEHOUSE spoke in favor of the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 56; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Beasley
Bennett                Blanding               Boan
Brown, J.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Hawkins                Helmly
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McElveen               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Nettles
Rhoad                  Rogers, J.             Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Toal
Washington             Whipper                White
Wilkins                Williams

Total--56

Those who voted in the negative are:

Aydlette               Bailey, G.             Baker
Barfield               Baxley                 Blackwell
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Cork                   Davenport
Day                    Derrick                Fair
Ferguson               Foxworth               Harris, P.
Haskins                Holt                   Huff
Jones                  Klapman                Koon
Limehouse              Lockemy                Mappus
McCain                 McEachin               McGinnis
McKay                  McLeod, J.W.           Moss
Neilson                Ogburn                 Pettigrew
Petty                  Phillips, O.           Rice
Rogers, T.             Rudnick                Sharpe
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Wells                  Winstead

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 54; Nays 56

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Davenport              Day
Derrick                Fair                   Ferguson
Foxworth               Harris, P.             Haskins
Holt                   Huff                   Jones
Klapman                Koon                   Limehouse
Lockemy                Mappus                 McEachin
McGinnis               McKay                  McLeod, J.W.
Moss                   Neilson                Ogburn
Pettigrew              Petty                  Phillips, O.
Rice                   Rogers, T.             Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Wells                  Winstead

Total--54

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harvin                 Hawkins
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McElveen               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Nettles
Pearce                 Rhoad                  Rogers, J.
Rudnick                Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Washington             Whipper
White                  Williams

Total--56

So, the amendment was rejected.

Rep. HARVIN proposed the following Amendment No. 16 (Doc. No. 4121Y), which was ruled out of order.

Amend the bill, as and if amended, by inserting the following four new SECTIONS, appropriately numbered, to read:

/SECTION ______. Section 57-3-210 of the 1976 Code is amended to read:

"Section 57-3-210. The several judicial circuits of the State are for the purposes of this Title hereby constituted and created highway districts of the state, designated by numbers corresponding to the numbers of the respective judicial circuits. There are created twenty-three highway districts consisting of the counties of the State as follows:

District No. 1. Aiken County

Edgefield County

District No. 2. Anderson County

Oconee County

District No. 3. Charleston County

Berkeley County

District No. 4. Florence County

Darlington County

District No. 5. Greenville County

Pickens County

District No. 6. Horry County

Georgetown County

District No. 7. Lexington County

Saluda County

District No. 8. Richland County

Kershaw County

District No. 9. Spartanburg County

Union County

District No. 10. York County

Cherokee County

District No. 11. Laurens County

Abbeville County

District No. 12. Greenwood County

McCormick County

District No. 13. Newberry County

Fairfield County

District No. 14. Chester County

Lancaster County

District No. 15. Sumter County

Lee County

District No. 16. Chesterfield County

Marlboro County

District No. 17. Dillon County

Marion County

District No. 18. Williamsburg County

Clarendon County

District No. 19. Beaufort County

Jasper County

District No. 20. Dorchester

Colleton County

District No. 21. Orangeburg County

Calhoun County

District No. 22. Bamberg County

Barnwell County

District No. 23. Allendale County

Hampton County.

For each of ~~such~~ the highway districts there ~~shall~~ must be chosen in the manner and for the terms of office ~~herein~~ provided by Section 57-3-220 a highway commissioner to be known as a district highway commissioner. ~~Two commissioners, upon the advise and consent of the Senate, shall be appointed by the Governor from the State at large, whose terms shall be coterminous with that of the Governor appointing.~~ The ~~several~~ commissioners ~~so chosen shall~~ constitute ~~as a body~~ the State ~~Highway~~ Highways and Public Transportation Commission of South Carolina."

SECTION _____. Section 57-3-220 of the 1976 Code is amended to read:

"Section 57-3-220. Upon the expiration of the terms of office of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eighth, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the The district highway commissioners ~~shall~~ must be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The ~~legislative delegations~~ members of the General Assembly representing the counties of each highway district ~~herein created~~ shall meet upon written call of a majority of the members of the ~~delegations of~~ General Assembly representing the counties of each highway district at a time and place to be designated in ~~such~~ the call for the purpose of electing a highway commissioner to represent ~~such~~ the highway district. A majority present, either in person or by written proxy, of the members of the ~~county legislative delegations from~~ General Assembly representing the counties of a ~~given~~ highway district ~~shall constitute~~ constitutes a quorum for the purpose of electing a district highway commissioner, but no person ~~shall~~ may be declared elected district highway commissioner who ~~shall fail~~ fails to receive a majority vote of all the members of the ~~county legislative delegations from~~ General Assembly representing,the counties of the highway district. ~~The joint county legislative delegations of each highway district shall~~ They must be organized by the election of a chairman and a secretary, and ~~such joint legislative delegations~~ they shall, subject to the provisions of Section 57-3-240, adopt ~~such~~ rules as they ~~deem~~ consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman ~~and secretary of the joint county legislative delegations of each highway district~~ shall immediately transmit the name of the person elected to the Secretary of State, who shall ~~forthwith~~ issue ~~to such person~~, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon ~~forthwith~~ issue a commission ~~to such person~~, and pending ~~such~~ the issuance the ~~aforementioned~~ certificate of election ~~shall be~~ is a sufficient warrant ~~to such person~~ for him to perform all of the duties and functions of his office as commissioner. Each ~~district highway~~ commissioner shall serve until his successor ~~shall have~~ has been elected and qualified."

SECTION _____. Section 57-3-240 of the 1976 Code is amended to read:

SECTION ______. Each of the present district commissioners of the Highways and Public Transportation Commission shall serve until the expiration of his term, but he shall represent the highway district of the county in which he resides as designated in Section 57-3-210 of the 1976 Code. If there is no commissioner representing a highway district a member must be elected and certified to represent the district as provided in Section 57-3-220 of the 1976 Code. If a district composed of two counties has no commissioner on the effective date of this act, the commissioner must be elected from the county which has the larger population according to the latest official United States Census. If a district is represented by a commissioner from each county on the effective date of this act, only one commissioner may be elected to succeed them and he must be from the county having the larger population according to the latest official United States Census./

Renumber remaining sections to conform.

Amend title to conform.

Rep. HARVIN explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 16 was not germane to the Bill as it dealt with a different chapter and title of the Code than the original Bill.

Reps. HARVIN and BLANDING argued contra to the Point.

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

Reps.- WASHINGTON, BLANDING, GORDON and WHITE proposed the following Amendment No. 17 (Doc. No. 4446Y), which was adopted.

Amend the report of the Committee on Ways and Means by adding two new paragraphs at the end of Section 12-27-1320, page 2869-7, to read:

/The department may waive bonding requirements for contracts let to a disadvantaged business enterprise with estimated construction costs not exceeding two hundred fifty thousand dollars a contract, and any such contract set aside and awarded to a qualified, disadvantaged business enterprise, or contractor without bonding shall expressly provide that termination of the contract for default of the contractor renders the contractor ineligible for any further department nonbonded set-aside contracts for a minimum period of two years from the date of the notice.

In awarding any contract to a disadvantaged business enterprise, preference must be given to an otherwise eligible South Carolina contractor submitting a responsible bid not exceeding an otherwise eligible out-of-state contractor's low bid by two and one-half percent./

Amend title to conform.

Rep. WASHINGTON explained the amendment.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 65 to 14.

Rep. HARVIN proposed the following Amendment No. 18 (Doc. No. 4400Y), which was ruled out of order.

Amend the bill, as and if amended, by adding before the effective clause a new SECTION, appropriately numbered, as followed:

/SECTION _____. Section 56-3-2320 of the 1976 Code is amended to read:

"Section 56-3-2320. The ~~Department~~ department may issue to a duly licensed motor vehicle dealer or wholesaler, upon application ~~being made~~ and payment of the required fee ~~being paid to the Department~~, dealer or wholesaler license plates. The license plates~~, notwithstanding any provision of this chapter to the contrary,~~ may be used exclusively on motor vehicles owned by the dealer or wholesaler. Dealer or wholesaler plates may not be used to operate wreckers in use by the dealer or wholesaler, nor to operate vehicles owned by the dealer and wholesaler that are leased or rented by the public.

The ~~Department~~ department shall make a distinction between dealer tags and wholesaler tags. No dealer or wholesaler may be issued more than six plates or the number equal to the average number of employees of the dealership during the preceding year, which ever is greater. ~~For good cause shown, the~~ The ~~Department~~ department in its discretion may issue extra plates.

The cost of each dealer or wholesaler plate issued is twenty dollars.

The department may upon application personalize the plates bearing letters and numbers approved by the department. An additional fee of fifteen dollars for each personalized plate must be paid by the dealer or wholesaler.

For purposes of this section, the testing or demonstration of a truck as defined in item (10) Section 56-3-20 ~~(10)~~ includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the ~~Department~~ department which shall also provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and shall also mail a copy of the certificate to the ~~Department~~ department within twenty-four hours after it is issued to the buyer."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 18 was out of order as it was not germane to the Bill.

Rep. HARVIN argued contra the Point.

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

Rep. LOCKEMY proposed the following Amendment No. 20 (Doc. No. 4448Y), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, on page 3 of the report, by inserting immediately after line 22 the following:

/(6) the negative economic impact rerouting existing traffic will have on counties that will lose traffic due to four-laning a highway outside that county./

Amend the report further, as and if amended, on page 4 of the report, by inserting immediately after line 15 the following:

/(6) the negative economic impact rerouting existing traffic will have on counties that will lose traffic due to four-laning a highway outside that county./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

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

Reps. R. BROWN, OGBURN and J.W. McLEOD proposed the following Amendment No. 10 (Doc. No. 4409Y), which was tabled.

Amend the bill, as and if amended, by striking Section 12-27-1300 of the 1976 Code, as contained in SECTION 1, page 2869-14, lines 1 through 32, and inserting:

/Section 12-27-1300. There is created a nine-member panel to establish and review priorities for the implementation of the Strategic Highway Plan for Improving Mobility and Safety Program submitted by the department. The panel is the sole authority to determine the expenditure of funds generated from the tax levied under the provisions of Sections 12-27-1210 through 12-27-1240. The panel consists of the following persons:

(1) the Governor, or his designee;

(2) a member of the House of Representatives elected by the membership;

(3) a member of the Senate elected by the membership;

(4) the Chairman of the Department of Highways and Public Transportation Commission;

(5) the Executive Director of the Department of Highways and Public Transportation;

(6) a member of the Coordinating Council on Economic Development selected by its membership;

(7) a member of the Coordinating Council on Economic Development selected by its membership;

(8) the Lieutenant Governor, or his designee;

(9) the Chairman of this panel, appointed by the Governor./

Amend title to conform.

Rep. R. BROWN explained the amendment.

Rep. FELDER spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 62 to 26.

MOTION NOTED

Rep. KAY moved to reconsider the vote whereby Amendment No. 15 was rejected and the motion was noted.

Rep. KIRSH proposed the following Amendment No. 22 (Doc. No. 4458Y), which was tabled.

Amend the bill, as and if amended, by striking Sections 12-17-1210, 12-27-1220, 12-27-1230, 12-27-1240, and 12-27-1250 as contained in SECTION 1 and inserting:

/Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240 every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to one cent a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective July 1, 1988, and January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county shall pay an additional tax of one cent a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective July 1, 1988, and January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of one cent a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this title. Effective July 1, 1988, and January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section.

Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to one cent a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective July 1, 1988, and January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section.

Section 12-27-1250. In addition to the credit provided for in Section 12-31-450 every motor carrier subJect to the tax imposed by Section 12-27-1240 is entitled to a credit on the tax equivalent to one cent a gallon on all gasoline or other motor fuel purchased by the carrier within this State for use in operations either within or without this State and upon which gasoline or other motor fuel the tax imposed by the laws of this State has been paid by such carrier. Effective July 1, 1988, and January 1, 1989, the additional credit authorized by this section is increased by one cent to a total of three cents a gallon. This refund may be made only if the carrier has fully complied with all regulations of the commission and the provisions of Chapter 31 of this title./

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

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

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

Yeas 61; Nays 50

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, G.
Bailey, K.             Barfield               Beasley
Blanding               Boan                   Brown, G.
Brown, J.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gregory
Harris, P.             Harvin                 Hawkins
Helmly                 Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McEachin
McElveen               McKay                  McLellan
McLeod, E.B.           McTeer                 Nettles
Ogburn                 Pearce                 Rhoad
Rice                   Rogers, J.             Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Townsend
Waldrop                Washington             Whipper
White                  Wilder                 Wilkins
Williams

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Baxley                 Blackwell
Bradley, J.            Bradley, P.            Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Davenport              Derrick
Fair                   Foxworth               Harris, J.
Haskins                Hendricks              Holt
Huff                   Jones                  Kirsh
Klapman                Koon                   Limehouse
Mappus                 Martin, L.             McCain
McGinnis               McLeod, J.W.           Moss
Neilson                Nesbitt                Pettigrew
Petty                  Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Tucker
Wells                  Winstead

Total--50

So, the amendment was tabled.

AMENDMENT NO. 15--RECONSIDERED AND
RULED OUT OF ORDER

The motion of Rep. KAY to reconsider the vote whereby Amendment No. 15 was rejected was taken up.

Rep. OGBURN asked to be recognized.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the motion to reconsider was not debatable as the motion to table was not debatable.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. TOAL moved to table the motion to reconsider.

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

Yeas 54; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Blanding               Boan
Brown, J.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harvin                 Helmly
Hodges                 Johnson, J.C.          Johnson, J.W.
Keyserling             Kirsh                  Lockemy
Martin, D.             McAbee                 McBride
McElveen               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Pearce
Petty                  Rhoad                  Rice
Rogers, J.             Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Washington             Whipper
White                  Wilder                 Williams

Total--54

Those who voted in the negative are:

Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Davenport              Day
Derrick                Fair                   Foxworth
Harris, P.             Haskins                Hawkins
Hendricks              Holt                   Huff
Jones                  Kay                    Klapman
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McGinnis               McKay                  McLeod, J.W.
Moss                   Neilson                Ogburn
Pettigrew              Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Wells
Winstead

Total--55

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 58; Nays 53

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Day                    Derrick                Ferguson
Foxworth               Harris, P.             Haskins
Hawkins                Hendricks              Holt
Huff                   Jones                  Klapman
Koon                   Limehouse              Lockemy
Mappus                 Martin, L.             McCain
McEachin               McGinnis               McKay
McLeod, J.W.           Moss                   Neilson
Ogburn                 Pettigrew              Petty
Rice                   Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Wells
Winstead

Total--58

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Blanding               Boan
Brown, J.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Helmly                 Hodges
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Martin, D.             Mattos
McAbee                 McBride                McElveen
McLellan               McLeod, E.B.           McTeer
Nesbitt                Nettles                Pearce
Rhoad                  Rogers, J.             Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--53

So, the motion to reconsider was agreed to.

Rep. McLELLAN spoke against the amendment.

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

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

Yeas 20; Nays 87

Those who voted in the affirmative are:

Aydlette               Bradley, J.            Bradley, P.
Burriss, M.D.          Cork                   Davenport
Ferguson               Foxworth               Haskins
Klapman                Koon                   Limehouse
Martin, L.             McEachin               Ogburn
Sturkie                Thrailkill             Tucker
Waldrop                Winstead

Total--20

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Carnell                Chamblee               Clyborne
Cooper                 Dangerfield            Derrick
Edwards                Elliott                Faber
Felder                 Gentry                 Gregory
Harris, J.             Harris, P.             Harvin
Hawkins                Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Lockemy                Mappus                 Martin, D.
Mattos                 McAbee                 McBride
McCain                 McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Toal                   Townsend               Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams

Total--87

So, the House refused to adjourn.

Rep. McLELLAN continued speaking.

Reps. AYDLETTE and LIMEHOUSE spoke in favor of the amendment.

Reps. McTEER and SHEHEEN spoke against the amendment.

POINT OF ORDER

Rep. WASHINGTON raised the Point of Order that Amendment No. 15 was not germane to the Bill.

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

Rep. TAYLOR proposed the following Amendment No. 23, which was tabled.

Amend as and if amended, by adding before the effective clause a new section, appropriately numbered, as follows:

SECTION ______. Article 1, Chapter 11 of Title 57 of the 1976 Code is amended by adding:

"Section 57-11-95. (A) Of total state source highway funds expended in a fiscal year on construction contracts, not less than:

(1) ten percent must be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals as defined in Section 11-35-5010, and

(2) three percent must be expended with firms owned and controlled by nondisadvantaged females.

The department shall certify eligible firms under this section and shall give at least thirty days notice to certified firms of contracts to be let.

(B) If no firms certified pursuant to this section are available to perform a contract, the department shall verify and record this fact and the verification preserved in department records."/

Renumber sections.

Amend title to conform.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 23 was out of order as it was not germane to the Bill.

Rep. TAYLOR argued that the amendment dealt with the expenditure of funds raised by the Bill.

The SPEAKER Pro Tempore stated it was germane and he overruled the Point of Order.

Rep. TAYLOR explained the amendment.

Rep. KEYSERLING spoke against the amendment.

Reps. FERGUSON and WHITE spoke in favor of the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 70; Nays 39

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Barfield               Beasley
Bennett                Boan                   Bradley, J.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Carnell                Chamblee               Clyborne
Cork                   Corning                Dangerfield
Davenport              Derrick                Edwards
Fair                   Felder                 Foxworth
Gentry                 Harris, J.             Harris, P.
Helmly                 Hendricks              Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Mappus                 Martin, L.             McAbee
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Rhoad                  Rogers, J.             Sharpe
Sheheen                Short                  Simpson
Stoddard               Sturkie                Toal
Townsend               Tucker                 Waldrop
Wells                  Wilder                 Wilkins
Winstead

Total--70

Those who voted in the negative are:

Arthur                 Bailey, G.             Bailey, K.
Baxley                 Blackwell              Bradley, P.
Brown, G.              Brown, J.              Brown, R.
Cooper                 Day                    Faber
Ferguson               Foster                 Gilbert
Gregory                Harvin                 Haskins
Hawkins                Holt                   Limehouse
Lockemy                Martin, D.             Mattos
McBride                McCain                 McLeod, J.W.
McTeer                 Moss                    Rice
Rudnick                Shelton                Snow
Taylor                 Thrailkill              Washington
Whipper                White                   Williams

Total--39

So, the amendment was tabled.

Rep. PEARCE moved immediate cloture on the entire matter.

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

Yeas 63; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Brown, H.              Brown, J.              Carnell
Cooper                 Dangerfield            Day
Edwards                Faber                  Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Hawkins                Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McGinnis
McLellan               McLeod, E.B.           McTeer
Neilson                Nesbitt                Nettles
Pearce                 Petty                  Rice
Rogers, J.             Rudnick                Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Washington
Wells                  Whipper                Wilder

Total--63

Those who voted in the negative are:

Aydlette               Baker                  Bradley, J.
Bradley, P.            Brown, G.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Chamblee
Clyborne               Cork                   Corning
Davenport              Derrick                Felder
Ferguson               Foxworth               Haskins
Huff                   Johnson, J.C.          Jones
Klapman                Kohn                   Koon
Limehouse              Mappus                 Martin, L.
McCain                 McEachin               McElveen
McKay                  Moss                   Pettigrew
Rogers, T.             Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
White                  Wilkins                Winstead

Total--45

So, immediate cloture was ordered.

Rep. HARVIN proposed the following Amendment No. 24 (Doc. No. 4475Y), which was tabled.

Amend the bill, as and if amended, by adding before the effective clause a new SECTION, appropriately numbered, as follows:

/SECTION ______. Section 56-3-2320 of the 1976 Code is amended to read:

The cost of each dealer or wholesaler plate issued is twenty dollars.

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 24 was out of order as it was not germane to the Bill.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. SIMPSON moved that the House do now adjourn.

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

Yeas 19; Nays 88

Those who voted in the affirmative are:

Baxley                 Bennett                Bradley, J.
Bradley, P.            Burriss, M.D.          Corning
Davenport              Derrick                Ferguson
Haskins                Kohn                   Koon
Limehouse              Mappus                 McCain
Simpson                Sturkie                Taylor
Thrailkill

Total--19

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Beasley
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Dangerfield            Day
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Helmly                 Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Lockemy                Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Pettigrew
Petty                  Rhoad                  Rice
Rogers, J.             Rudnick                Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--88

So, the House refused to adjourn.

Rep. HARVIN explained the amendment.

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

Rep. J. BRADLEY proposed the following Amendment No. 25, which was adopted.

Amend as and if amended, by adding the following Section to be numbered in accordance with the irregular system established by the Legislative Council to read as follows:

All license tag numbers and letters on license tags shall be straight and level and no tags may be distributed with warped or irregular lettering.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Reps. BLANDING, E.B. McLEOD, McELVEEN, BAXLEY and PETTIGREW proposed the following Amendment No. 26 (Doc. No. 4476Y), which was tabled.

Amend the bill, as and if amended, by inserting the following new SECTIONS, appropriately numbered, to read:

/SECTION _____. Section 57-3-210 of the 1976 Code is amended to read:

"Section 57-3-210. The several judicial circuits of the State are for the purposes of this Title hereby constituted and created highway districts of the State, designated by numbers corresponding to the numbers of the respective judicial circuits. There are created twenty-three highway districts consisting of the counties of the State as follows:

District No. 1. Aiken County

Edgefield County

District No. 2. Anderson County

Oconee County

District No. 3. Charleston County

Berkeley County

District No. 4. Florence County

Darlington County

District No. 5. Greenville County

Pickens County

District No. 6. Horry County

Georgetown County

District No. 7. Lexington County

Saluda County

District No. 8. Richland County

Kershaw County

District No. 9. Spartanburg County

Union County

District No. 10. York County

Cherokee County

District No. 11. Laurens County

Abbeville County

District No. 12. Greenwood County

McCormick County

District No. 13. Newberry County

Fairfield County

District No. 14. Chester County

Lancaster County

District No. 15. Sumter County

Lee County

District No. 16. Chesterfield County

Marlboro County

District No. 17. Dillon County

Marion County

District No. 18. Williamsburg County

Clarendon County

District No. 19. Beaufort County

Jasper County

District No. 20. Dorchester

Colleton County

District No. 21. Orangeburg County

Calhoun County

District No. 22. Bamberg County

Barnwell County

District No. 23. Allendale County

Hampton County.

SECTION _______. Section 57-3-220 of the 1976 Code is amended to read:

"Section 57-3-220. Upon the expiration of the terms of offices of the present district highway commissioners (the terms of the commissioners for the second, ninth, tenth, twelfth and fourteenth districts expiring April 15, 1962, those for the third, eight, eleventh and thirteenth districts April 15, 1963 and those for the first, fourth, fifth, sixth and seventh districts April 15, 1964), the The district highway commissioners ~~shall~~ must be chosen as provided herein for a term of office of four years, which shall expire on April fifteenth of the appropriate year. The ~~legislative delegations~~ members of the General Assembly representing the counties of each highway district ~~herein created~~ shall meet upon written call of a majority of the members of the ~~delegations of~~ General Assembly representing the counties of each highway district at a time and place to be designated in ~~such~~ the call for the purpose of electing a highway commissioner to represent ~~such~~ the highway district. A majority present, either in person or by written proxy, of the members of the ~~county legislative delegations from~~ General Assembly representing the counties of a ~~given~~ highway district ~~shall constitute~~ constitutes a quorum for the purpose of electing a district highway commissioner, but no person ~~shall~~ may be declared elected district highway commissioner who ~~shall fail~~ fails to receive a majority vote of all the members of the ~~county legislative delegations from~~ General Assembly representing the counties of the highway district. ~~The joint county legislative delegations of each highway district shall~~ They must be organized by the election of a chairman and a secretary, and ~~such joint legislative delegations~~ they shall, subject to the provisions of Section 57-3-240, adopt ~~such~~ rules as they ~~deem~~ consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman ~~and secretary of the joint county legislative delegations of each highway district~~ shall immediately transmit the name of the person elected to the Secretary of State, who shall ~~forthwith~~ issue ~~to such person~~, after he has taken the usual oath of office, a certificate of election as district highway commissioner. The Governor shall thereupon ~~forthwith~~ issue a commission ~~to such person, and pending such~~ the issuance the ~~aforementioned~~ certificate of election ~~shall be~~ is a sufficient warrant ~~to such person~~ for him to perform all of the duties and functions of his office as commissioner. Each ~~district highway~~ commissioner shall serve until his successor ~~shall have~~ has been elected and qualified."

SECTION ______. Section 57-3-240 of the 1976 Code is amended to read:

"Section 57-3-240. Representation of a ~~given~~ highway district on the commission ~~shall~~ must be rotated ~~among~~ between the counties of the district, except by unanimous consent of all members of the ~~county legislative delegations from~~ General Assembly representing the district. No district highway commissioner elected under the provisions of this article shall succeed himself in office except by unanimous consent of the members of the ~~county legislative delegations from~~ General Assembly representing the district. The ~~legislative delegation of~~ members of the General Assembly representing any county entitled to a district highway commissioner under the provisions of this section shall nominate at least three suitable persons for the office, one of whom ~~shall~~ must be elected ~~district highway~~ commissioner by a majority vote of all of the members of the ~~county legislative delegations~~ General Assembly representing the district."
SECTION ______. Each of the present district commissioners of the Highways and Public Transportation Commission shall serve until the expiration of his term, but he shall represent the highway district of the county in which he resides as designated in Section 57-3-210 of the 1976 Code. If there is no commissioner representing a highway district a member must be elected and certified to represent the district as provided in Section 57-3-220 of the 1976 Code. If a district composed of two counties has no commissioner on the effective date of this act, the commissioner must be elected from the county which has the larger population according to the latest official United States Census. If a district is represented by a commissioner from each county on the effective date of this act, only one commissioner may be elected to succeed them and he must be from the county having the larger population according to the latest official United States Census.

SECTION ______. The official expenses provided for highway commissioners in Section 57-3-250 of the 1976 Code must be paid out of the fund established in Section 12-27-1260, and the purposes of the fund provided for in that section include these official expenses./ Renumber remaining sections to conform.

Amend title to conform.

Rep. BLANDING explained the amendment.

POINT OF ORDER

Rep. KOON raised the Point of Order that Amendment No. 26 was out of order as it was not germane to the Bill.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 62 to 47.

Rep. AYDLETTE proposed the following Amendment No. 27, which was tabled.

Amend as and if amended, by adding a new Section appropriately numbered to read:

Section ______. The annual registration fee for every Private passenger-carrying vehicle is eleven dollars, one dollar of which is to be put into the fund established in Section 12-27-1260 and used for the purposes enumerated in that Section.

Amend title to conform.

Rep. AYDLETTE explained the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 57; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, J.             Hawkins                Helmly
Hendricks              Hodges                 Johnson, J.W.
Kay                    Keyserling             Kirsh
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Nettles
Pearce                 Petty                  Rhoad
Rice                   Rogers, J.             Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Washington
Whipper                Wilder                 Williams

Total--57

Those who voted in the negative are:

Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Day                    Derrick                Fair
Ferguson               Foxworth               Harris, P.
Harvin                 Haskins                Holt
Huff                   Jones                  Klapman
Kohn                   Koon                   Limehouse
Mappus                 Martin, L.             McCain
McEachin               McKay                  McLeod, J.W.
Moss                   Ogburn                 Pettigrew
Rogers, T.             Rudnick                Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Wells                  White
Winstead

Total--55

So, the amendment was tabled.

The question then recurred to the passage of the Bill, as amended.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 55; Nays 58

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Barfield               Beasley                Bennett
Blanding               Boan                   Brown, J.
Carnell                Cork                   Dangerfield
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, P.
Harvin                 Hawkins                Helmly
Hodges                 Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Lockemy
Martin, D.             McAbee                 McBride
McElveen               McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Nettles
Pearce                 Rhoad                  Rogers, J.
Sheheen                Shelton                Short
Snow                   Stoddard               Toal
Townsend               Washington             Whipper
White                  Wilder                 Wilkins

Total--55

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Baxley                 Blackwell
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Corning                Davenport
Derrick                Fair                   Ferguson
Foxworth               Harris, J.             Haskins
Hendricks              Holt                   Huff
Jones                  Kirsh                  Klapman
Kohn                   Koon                   Limehouse
Mappus                 Martin, L.             Mattos
McCain                 McEachin               McGinnis
McKay                  Moss                   Neilson
Nesbitt                Ogburn                 Pettigrew
Petty                  Rice                   Rogers, T.
Rudnick                Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Tucker                 Waldrop                Wells
Winstead

Total--58

So, the Bill as amended, was rejected.

RECORD FOR VOTING

I would like for the record to show that I oppose any gas tax increase and that my opposition reflects the opinions and comments of my constituents in my District #92.
Rep. DAY

Rep. BEASLEY moved that the House recede for 15 minutes.

POINT OF ORDER

Rep. P. BRADLEY raised the Point of Order that the motion to recede for fifteen minutes was out of order as Rep. BEASLEY was not in his desk when he made the motion.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. OGBURN moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 8; Nays 100

Those who voted in the affirmative are:

Baxley                 Fair                   McCain
McEachin               McKay                  Ogburn
Simpson                Waldrop

Total--8

Those who voted in the negative are:

Alexander, M. O.       Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Beasley                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, c.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.N.          Burriss, M.D.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Day                    Derrick
Edwards                Faber                  Felder
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Haskins
Hawkins                Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Snow                   Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--100

So, the House refused to adjourn.

Rep. HUFF moved to reconsider the vote whereby the Bill was rejected.

Rep. TOAL spoke in favor of the motion to reconsider.

PARLIAMENTARY INQUIRY AND POINT OF ORDER

Rep. BAKER inquired how long Rep. TOAL was allowed to speak on the motion to reconsider as cloture had been invoked.

The SPEAKER Pro Tempore stated that cloture was no longer in effect as the Bill had been disposed of at this point.

Rep. KLAPMAN raised the Point of Order that the motion to reconsider was not debatable.

Rep. TOAL argued that as the vote the motion was attempting to reconsider was the passage or failure of the Bill, which was debatable, the motion to reconsider was also debatable.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. TOAL continued speaking.

Rep. AYDLETTE moved to continue the Bill.

SPEAKER'S RULING

The SPEAKER Pro Tempore stated that the Bill was not before the House at this time, therefore the motion to continue the Bill was out of order.

PARLIAMENTARY INQUIRY

Rep. SIMPSON inquired whether the member speaking had ten minutes to speak on the motion to reconsider under Rule 5.19.

The SPEAKER Pro Tempore stated that the rule applied to amendments and motions to reconsider amendments.

Rep. HASKINS then inquired what the time limit was for a motion to reconsider.

The SPEAKER Pro Tempore reversed his previous statement and stated that any member speaking to the motion to reconsider would have ten minutes.

Rep. HUFF moved that the House do now adjourn.

POINT OF ORDER

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

Rep. HUFF moved that the House recede for 15 minutes and then stand adjourned.

POINT OF ORDER

Rep. McTEER raised the Point of Order that the motion was out of order as it was a double-barrelled motion.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. BAKER moved that the House do now adjourn.

POINT OF ORDER

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

Rep. CORNING moved that the House do now adjourn.

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

Yeas 54; Nays 57

Those who voted in the affirmative are:

Aydlette               Baker                  Baxley
Bennett                Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J. H.         Burriss, M. D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Derrick                Foxworth               Gilbert
Harvin                 Haskins                Helmly
Holt                   Huff                   Jones
Kirsh                  Klapman                Kohn
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McGinnis               McKay                  Moss
Nesbitt                Ogburn                 Pettigrew
Rice                   Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Tucker
Waldrop                Wells                  Winstead

Total--54

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Beasley                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Day                    Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Gentry
Gregory                Harris, J.             Harris, P.
Hawkins                Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Koon                   Lockemy
Martin, D.             Mattos                 McAbee
McBride                McElveen               McLellan
McLeod, E.B.           McTeer                 Nettles
Pearce                 Petty                  Rhoad
Rogers, J.             Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Washington             Whipper
White                  Wilder                 Wilkins
Williams

Total --57

So, the House refused to adjourn.

Rep. AYDLETTE moved to continue the motion to reconsider.

SPEAKER'S RULING

The SPEAKER Pro Tempore stated that the motion to reconsider was a procedural motion, therefore it was not subject to the motion to continue.

Rep. J. BRADLEY raised the Point of Order that the motion to reconsider was printed separately on the Calendar, exactly as a Bill would be, therefore it could be continued.

The SPEAKER Pro Tempore overruled the Point of Order.

Rep. TOAL continued speaking.

RULE 10.1 ENFORCED

Rep. BLANDING insisted that Rule 10.1 be enforced. The SPEAKER Pro Tempore ordered the House cleared of unauthorized persons.

Rep. TOAL continued speaking.

Rep. HUFF spoke against the motion to reconsider.

Rep. KOHN moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 55; Nays 57

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Day                    Derrick                Fair
Ferguson               Foxworth               Gilbert
Haskins                Helmly                 Holt
Huff                   Jones                  Kirsh
Klapman                Kohn                   Koon
Limehouse              Mappus                 Martin, L.
McCain                 McEachin               McGinnis
McKay                  Moss                   Ogburn
Pettigrew              Rice                   Rogers, T.
Rudnick                Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Tucker                 Waldrop                Wells
Winstead

Total--55

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Lockemy                Martin, D.             Mattos
McBride                McElveen               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Nettles                Pearce                 Petty
Rhoad                  Rogers, J.             Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Townsend
Washington             Whipper                White
Wilder                 Wilkins                Williams

Total--57

So, the House refused to adjourn.

PARLIAMENTARY INQUIRY

Rep. HASKINS inquired if the pending question was the motion to reconsider or the motion to table the motion to reconsider.

The SPEAKER Pro Tempore stated that no motion to table had been made or received by the chair.

Rep. HUFF continued speaking.

Rep. HASKINS moved to table the motion to reconsider.

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

Yeas 50; Nays 61

Those who voted in the affirmative are:

Aydlette               Baker                  Baxley
Blackwell              Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Chamblee
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Fair                   Foxworth
Haskins                Huff                   Jones
Kirsh                  Klapman                Kohn
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McGinnis               McKay                  Moss
Ogburn                 Pettigrew              Petty
Rogers, T.             Rudnick                Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Tucker                 Waldrop
Wells                  Winstead

Total--50

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blanding               Boan                   Brown, J.
Carnell                Dangerfield            Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Helmly                 Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Lockemy                Martin, D.
Mattos                 McBride                McElveen
McLellan               McLeod, E.B.           McTeer
Nesbitt                Nettles                Pearce
Rhoad                  Rice                   Rogers, J.
Sheheen                Shelton                Short
Snow                   Stoddard               Toal
Townsend               Washington             Whipper
White                  Wilder                 Wilkins
Williams

Total--61

So, the House refused to table the motion to reconsider.

POINT OF PERSONAL PRIVILEGE

Rep. G. BROWN arose to a Point of Personal Privilege.

The question then recurred to the motion to reconsider the vote whereby the Bill was rejected.

Rep. P. BRADLEY spoke against the motion to reconsider.

Rep. OGBURN moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 52; Nays 59

Those who voted in the affirmative are:

Alexander, M.O.        Aydlette               Bailey, G.
Baker                  Baxley                 Blackwell
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Cork                   Corning
Davenport              Day                    Derrick
Ferguson               Foxworth               Haskins
Holt                   Huff                   Kirsh
Klapman                Kohn                   Koon
Limehouse              Mappus                 Martin, L.
McCain                 McEachin               McGinnis
McKay                  Moss                   Ogburn
Pettigrew              Petty                  Rice
Rogers, T.             Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Tucker                 Waldrop                Wells
Winstead

Total--52

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Bailey, K.             Barfield               Beasley
Bennett                Blanding               Boan
Brown, J.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Helmly                 Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Lockemy
Martin, D.             Mattos                 McBride
McElveen               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Nettles
Pearce                 Rhoad                  Rogers, J.
Rudnick                Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Townsend               Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--59

So, the House refused to adjourn.

PARLIAMENTARY INQUIRIES

Rep. FELDER inquired whether cloture would remain on the Bill once reconsidered.

The SPEAKER Pro Tempore replied in the affirmative.

Rep. FELDER then inquired if the Bill was sent back to Committee, then reported out with no changes, whether cloture would remain in effect.

The SPEAKER Pro Tempore stated he would not render an advisory opinion.

Rep. HENDRICKS inquired if the Bill was reconsidered, would it be in order to reconsider the vote whereby an amendment had previously been rejected.

The SPEAKER Pro Tempore stated that if he were to render an advisory opinion, it would be that it would be in order.

Rep. R. BROWN spoke against the motion to reconsider.

Rep. HUFF asked unanimous consent to withdraw the motion to reconsider.

Rep. SHEHEEN objected.

Rep. J. BRADLEY moved to table the motion to reconsider.

POINT OF ORDER

Rep. TOAL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.

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

POINT OF ORDER

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

The question then recurred to the motion to reconsider the vote whereby the Bill was rejected.

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

Yeas 59; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Hawkins                Helmly                 Hendricks
Hodges                 Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Lockemy                Martin, D.             Mattos
McBride                McElveen               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Nettles                Pearce                 Rhoad
Rogers, J.             Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Townsend               Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--59

Those who voted in the negative are:

Aydlette               Baker                  Baxley
Blackwell              Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Chamblee
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Fair                   Ferguson
Foxworth               Haskins                Huff
Kirsh                  Klapman                Kohn
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McGinnis               McKay                  Moss
Ogburn                 Pettigrew              Petty
Rice                   Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Tucker
Waldrop                Wells                  Winstead

Total--51

So, the motion to reconsider was agreed to.

Rep. J. BRADLEY moved to continue the Bill.

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

POINT OF ORDER

Rep. McTEER raised the Point of Order that the motion to continue the Bill was out of order as immediate cloture was in effect.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. HENDRICKS moved to reconsider the vote whereby Amendment No. 22 was tabled.

POINT OF ORDER

Rep. TOAL raised the Point of Order that the member making the motion to reconsider had not voted on the prevailing side.

The SPEAKER Pro Tempore, after determining that the member had not voted on the prevailing side, sustained the Point of Order and ruled the motion to reconsider out of order.

MOTION NOTED

Rep. McEACHIN moved to reconsider the vote whereby Amendment No. 22 was tabled and the motion was noted.

Rep. AYDLETTE moved to table the Bill.

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

Yeas 49; Nays 60

Those who voted in the affirmative are:

Aydlette               Baker                  Baxley
Blackwell              Bradley, J.            Bradley, P.
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Corning                Davenport
Day                    Derrick                Fair
Ferguson               Foxworth               Haskins
Huff                   Kirsh                  Klapman
Kohn                   Koon                   Limehouse
Mappus                 Martin, L.             Mattos
McCain                 McEachin               McGinnis
McKay                  Moss                   Ogburn
Pettigrew              Petty                  Rogers, T.
Rudnick                Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Tucker                 Waldrop                Wells
Winstead

Total--49

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, G.              Brown, J.
Carnell                Dangerfield            Edwards
Elliott                Faber                  Felder
Foster                 Gentry                 Gilbert
Gregory                Harris, J.             Harris, P.
Harvin                 Hawkins                Helmly
Hendricks              Hodges                 Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Lockemy                Martin, D.
McBride                McElveen               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Nettles                Pearce                 Rhoad
Rice                   Rogers, J.             Sheheen
Shelton                Short                  Snow
Stoddard               Toal                   Townsend
Washington             Whipper                White
Wilder                 Wilkins                Williams

Total--60

So, the House refused to table the Bill.

AMENDMENT NO. 22--MOTION TO RECONSIDER TABLED

Rep. McEACHIN moved to reconsider the vote whereby Amendment No. 22 was tabled.

Rep. BAKER moved that the House do now adjourn.

POINT OF ORDER

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

Rep. HAWKINS moved to table the motion to reconsider the vote whereby Amendment No. 22 was tabled.

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

Yeas 59; Nays 51

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Barfield               Beasley                Blanding
Boan                   Bradley, J.            Brown, J.
Brown, R.              Carnell                Dangerfield
Edwards                Elliott                Faber
Felder                 Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Harvin                 Hawkins
Hodges                 Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kohn                   Lockemy                Martin, D.
McBride                McEachin               McElveen
McKay                  McLellan               McLeod, E.B.
McTeer                 Moss                   Nettles
Ogburn                 Pearce                 Rhoad
Rogers, J.             Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Townsend               Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--59

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Baxley                 Bennett
Blackwell              Bradley, P.            Brown, G.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Cork                   Corning                Davenport
Derrick                Fair                   Ferguson
Foxworth               Haskins                Helmly
Hendricks              Holt                   Huff
Kirsh                  Klapman                Koon
Limehouse              Mappus                 Martin, L.
Mattos                 McCain                 McGinnis
Nesbitt                Pettigrew              Petty
Rice                   Rogers, T.             Rudnick
Sharpe                 Simpson                Sturkie
Taylor                 Thrailkill             Tucker
Waldrop                Wells                  Winstead

Total--51

So, the motion to table the motion to reconsider was agreed to.

Rep. BAKER moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 50; Nays 61

Those who voted in the affirmative are:

Aydlette               Baker                  Baxley
Blackwell              Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Chamblee
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Fair                   Ferguson
Foxworth               Haskins                Holt
Huff                   Kirsh                  Kohn
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McGinnis               McKay                  Moss
Ogburn                 Pettigrew              Petty
Rogers, T.             Rudnick                Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Tucker                 Waldrop
Wells                  Winstead

Total--50

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Barfield
Beasley                Bennett                Blanding
Boan                   Brown, J.              Carnell
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harris, P.             Harvin
Hawkins                Helmly                 Hendricks
Hodges                 Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Klapman                Lockemy                Martin, D.
Mattos                 McBride                McElveen
McLellan               McLeod, E.B.           McTeer
Nesbitt                Nettles                Pearce
Rhoad                  Rice                   Rogers, J.
Sheheen                Shelton                Short
Snow                   Stoddard               Toal
Townsend               Washington             Whipper
White                  Wilder                 Wilkins
Williams

Total--61

So, the House refused to adjourn.

AMENDMENT NO. 24--MOTION TO RECONSIDER REJECTED

Rep. WINSTEAD moved to reconsider the vote whereby amendment No. 24 was tabled.

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

The question then recurred to the motion to reconsider the vote whereby amendment No. 24 was tabled.

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

Yeas 27; Nays 78

Those who voted in the affirmative are:

Baker                  Baxley                 Blanding
Bradley, P.            Brown, G.              Brown, H.
Burriss, M.D.          Clyborne               Cork
Corning                Dangerfield            Day
Fair                   Foxworth               Gregory
Harvin                 Haskins                Helmly
Keyserling             Kohn                   McElveen
McLeod, E.B.           McTeer                 Pettigrew
Short                  Snow                   Winstead

Total--27

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, K.
Barfield               Bennett                Blackwell
Boan                   Bradley, J.            Brown, J.
Burriss, J.H.          Carnell                Chamblee
Cooper                 Davenport              Derrick
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Gentry                 Gilbert                Harris, J.
Harris, P.             Hawkins                Hendricks
Hodges                 Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Kirsh                  Klapman                Koon
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               Moss
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Rhoad
Rice                   Rogers, J.             Rudnick
Sharpe                 Sheheen                Shelton
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins                Williams

Total--78

So, the motion to reconsider was rejected.

Rep. P. BRADLEY moved to recommit the Bill to the Committee on Ways and Means.

POINT OF ORDER AND PARLIAMENTARY INQUIRY

Rep. SHEHEEN raised the Point of Order that the motion to recommit the Bill was out of order as it was under Special Order consideration.

The SPEAKER Pro Tempore sustained the Point of Order.

Rep. P. BRADLEY inquired whether the motion to commit the Bill to another Committee would be in order.

The SPEAKER Pro Tempore replied in the negative.

Reps. HASKINS and FERGUSON spoke against the Bill.

Reps. SHEHEEN, WILDER, J.C. JOHNSON and BLANDING spoke in favor of the Bill.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McABEE a temporary leave of absence due to illness.

Rep. LIMEHOUSE spoke against the Bill.

Rep. FOSTER spoke in favor of the Bill.

AMENDMENT NO. 2--MOTION TO RECONSIDER TABLED

Rep. R. BROWN moved to reconsider the vote whereby Amendment No. 2 was tabled.

Rep. HAWKINS moved to table the motion to reconsider.

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

Yeas 58; Nays 52

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Barfield               Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, J.              Carnell                Chamblee
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, P.             Harvin                 Hawkins
Helmly                 Hodges                 Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Lockemy                Martin, D.
McBride                McEachin               McElveen
McKay                  McLellan               McLeod, E.B.
McTeer                 Nettles                Ogburn
Pearce                 Rhoad                  Rogers, J.
Sheheen                Shelton                Short
Snow                   Stoddard               Toal
Townsend               Washington             Whipper
White                  Wilder                 Wilkins
Williams

Total--58

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Baxley                 Blackwell
Bradley, J.            Bradley, P.            Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Fair                   Ferguson
Foxworth               Harris, J.             Haskins
Hendricks              Holt                   Huff
Kirsh                  Klapman                Koon
Limehouse              Mappus                 Martin, L.
Mattos                 McCain                 McGinnis
Moss                   Nesbitt                Pettigrew
Petty                  Rice                   Rogers, T.
Rudnick                Sharpe                 Simpson
Sturkie                Taylor                 Thrailkill
Tucker                 Waldrop                Wells
Winstead

Total--52

So, the motion to reconsider was tabled.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 56; Nays 53

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Barfield               Beasley                Bennett
Blanding               Boan                   Bradley, J.
Brown, J.              Carnell                Cork
Dangerfield            Edwards                Elliott
Faber                  Felder                 Foster
Gentry                 Gilbert                Gregory
Harris, P.             Harvin                 Hawkins
Helmly                 Hodges                 Holt
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Lockemy                Martin, D.
McBride                McElveen               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Nettles                Pearce                 Rhoad
Rogers, J.             Sheheen                Shelton
Short                  Snow                   Stoddard
Toal                   Townsend               Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--56

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Baker                  Baxley                 Blackwell
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Chamblee               Clyborne               Cooper
Corning                Davenport              Day
Derrick                Fair                   Ferguson
Foxworth               Harris, J.             Haskins
Hendricks              Huff                   Jones
Kirsh                  Koon                   Limehouse
Mappus                 Martin, L.             Mattos
McCain                 McEachin               McGinnis
McKay                  Moss                   Ogburn
Pettigrew              Petty                  Rice
Rogers, T.             Rudnick                Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Tucker                 Waldrop
Wells                  Winstead

Total--53

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

RECORD FOR VOTING

Mr. Speaker,

I was out of the Chamber when H. 2869 was given 2nd reading. I would like to register a no vote.

Rep. GEORGE BAILEY

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

ADJOURNMENT

At 8:35 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.

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