South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

Wednesday, May 24, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Eternal God, with a profound sense of Your majesty and mercy, we approach this altar of prayer to pledge allegiance to Your divine will. Quicken and strengthen our minds for the duties and responsibilities of this day with a great and unwavering trust in God. Make us ever aware that we are always under the scrutiny of Your all-seeing eye. So cause us to understand that when we follow in the light of Your direction that our paths lead in calmness and confidence, in patience and perseverance with hand clasped firmly in Yours we are given assurance that never fails, forgets or forsakes.

We make this prayer to our God Whose concern never leaves. 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.

REPORT RECEIVED

TO:     The Clerk of the Senate

The Clerk of the House
FROM:     Thomas L. Moore

Chairman, Joint Committee to

Review Candidates for the

State Fire Commission
DATE:     May 24, 1989

In compliance with the provisions of Act 119 of 1976, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,

Thomas L. Moore

Chairman

/s/ Sen. John W. Matthews, Jr.

/s/ Sen. H. Samuel Stilwell

/s/ Sen. J. Yancey McGill

/s/ Rep. Dave C. Waldrop, Jr.

/s/ Rep. Daniel E. Winstead

/s/ Rep. Joe E. Brown

/s/ Rep. C. Alexander Harvin, III

Pursuant to Act 119 of 1976, this Committee was convened to consider the qualifications of candidates seeking to fill the position of Chairman of the South Carolina State Fire Commission.

The Joint Committee to Review Candidates for the State Fire Commission is charged by law to consider the qualifications of candidates for the position of Chairman. When notice is received that an individual intends to seek election to this position, the Committee conducts such investigation of the candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to be Chairman and under the statute our determination in that regard is not binding upon the General Assembly.

There is a contested race to fill the position of Chairman. A brief summary of the background of each candidate is as follows:

Lewis Boyd Lee: (Newberry, S.C.) He was born in Monarch, South Carolina and is 46 years of age. He is married and has three step-children. He attended off-campus classes at Limestone College and earned a B.S. degree in 1984. He is presently the Chief of the Newberry Fire Department.

James Terry Smith. Jr.: (Murrells Inlet, S.C.) He was born in Clayton, Georgia and is 51 years of age. He is married and has two children. He attended Rabun Gap-Nacoochee School in Rabun Gap, Georgia and later received his GED while serving in the armed forces. He is presently the Chief of the Murrells Inlet-Garden City Fire Department.

Having completed the investigation as required by the Act, the Committee, by this report, respectfully submits its findings to the members of the General Assembly for their consideration.

The report consists of the Transcript of the Proceedings before the Joint Committee held at the State House on May 11, 1989, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas L. Moore, Chairman, of the Joint Committee to Review Candidates for the State Fire Commission in 402 Gressette Building until the date and time of the election.

The candidates were present at the screening and testified under oath. The Transcript of the Screening is as follows:

HEARING OF MAY 11, 1989

SENATOR MOORE: I'M GOING TO CALL THE MEETING TO ORDER. THE PURPOSE OF THE MEETING IS TO DEVELOP A RECORD TO BE PUBLISHED IN THE JOURNAL SO THAT ALL INTERESTED PEOPLE CAN REVIEW THE QUALIFICATIONS OF THE PANELISTS. NOW THIS IS A FORMAL HEARING, OF COURSE.

WE ARE CONVENED ACCORDING TO ACT 119 OF THE ACTS AND JOINT RESOLUTIONS OF 1976 WHICH PROVIDES THAT ALL CANDIDATES FOR ALL OFFICES ELECTED BY THE GENERAL ASSEMBLY WILL APPEAR BEFORE A SCREENING COMMITTEE TO REVIEW THEIR QUALIFICATIONS.

OUR DECISION IS NOT BINDING. THE GENERAL ASSEMBLY CAN ELECT FROM THE CANDIDATES BUT, NEVERTHELESS, WE DO EXPRESS OUR DECISION AS TO WHETHER OR NOT THE CANDIDATES ARE QUALIFIED. WE ARE HERE TODAY TO SPECIFICALLY INTERVIEW CANDIDATES AND REVIEW THE QUALIFICATIONS OF THE CANDIDATES FOR THE OFFICE OF CHAIRMAN OF THE STATE FIRE COMMISSION.

THE STATE FIRE COMMISSION IS MADE UP OF 19 RESIDENTS OF THE STATE, 18 OF WHOM ARE APPOINTED BY THE GOVERNOR AS SET FORTH IN ACT NUMBER 190 OF THE ACTS AND JOINT RESOLUTIONS OF 1979. THE ACT SAYS AND I QUOTE, "THE OTHER MEMBER SHALL BE A FIRE CHIEF ELECTED FROM THE STATE AT LARGE BY THE GENERAL ASSEMBLY AND SERVE AS CHAIRMAN."

WE WILL TAKE THE CANDIDATES IN ALPHABETICAL ORDER. THE COMMITTEE IS COMPOSED OF FOUR MEMBERS FROM EACH BODY SELECTED FROM THE COMMITTEE WHICH OVERSEES GENERALLY THE ACTIVITIES OF THE STATE FIRE COMMISSION.

MR. LEWIS B. LEE, IF YOU WOULD PLEASE TAKE THE SEAT AT THE END OF THE TABLE. IF YOU WOULD RAISE YOUR RIGHT HAND AND I'LL SWEAR YOU IN.

(MR. LEWIS B. LEE, CANDIDATE FOR CHAIRMAN OF THE STATE FIRE COMMISSION FOR SOUTH CAROLINA, WAS DULY SWORN BY SENATOR MOORE.)

EXAMINATION BY SENATOR MOORE:

Q.     MR. LEE, I HAVE BEFORE ME YOUR QUESTIONNAIRE AND, OF COURSE, MEMBERS OF THE SCREENING COMMITTEE ALSO HAVE THE SAME COPY. MR. LEE, I NOTICE YOU ARE FROM NEWBERRY, SOUTH CAROLINA.
A.     THAT'S CORRECT, SIR.
Q.     YOUR HOME ADDRESS IS ROUTE 3, BOX 789, NEWBERRY.
A.     THAT'S CORRECT, SIR.
Q.     AND YOU WERE BORN IN UNION, SOUTH CAROLINA.
A.     THAT'S CORRECT, SIR.
Q.     YOU ARE MARRIED TO NANCY JEAN ROWE.
A.     YES, SIR.
Q.     AND YOU HAVE THREE CHILDREN.
A.     YES, SIR.
Q.     A STEPSON DAVID, A STEPSON DARIN, AND A STEPDAUGHTER DEBORAH.
A.     THAT'S CORRECT.
Q.     YOUR MILITARY SERVICE LISTS THAT YOU HAVE RETIRED WITH 21 YEARS SERVICE FROM THE SOUTH CAROLINA ARMY NATIONAL GUARD.
A.     THAT'S CORRECT.
Q.     YOUR EDUCATIONAL BACKGROUND INCLUDES GRADUATION FROM GRAY COURT-OWENS HIGH SCHOOL IN MAY OF 1961; GRADUATED SPARTANBURG METHODIST COLLEGE DECEMBER '74; AND GRADUATED LIMESTONE COLLEGE IN 1984.
A.     THAT'S CORRECT.
Q.     AND YOUR LIST OF PUBLIC OFFICES YOU HAVE HELD, YOU WERE APPOINTED TO THE STATE FIRE COMMISSION JANUARY OF 1981 AND SERVED UNTIL MAY, 1985. YOU WERE ELECTED CHAIRMAN OF THE STATE FIRE COMMISSION IN MAY OF 1985 AND CURRENTLY ARE SERVING IN THAT POSITION.
A.     THAT'S CORRECT, SIR.
Q.     UNDER YOUR CIVIC, CHARITABLE, AND RELIGIOUS, EDUCATIONAL ORGANIZATIONS I SEE QUITE A LIST AND I REFER THAT TO EACH MEMBER TO REVIEW ACCORDINGLY. I ALSO UNDERSTAND YOU SERVED ON THE EXECUTIVE COMMITTEE OF THE STATE FIREMEN'S ASSOCIATION FOR OVER 15 YEARS AND WAS THE PAST PRESIDENT.
A.     THAT'S CORRECT, SIR.
Q.     ARE THERE ANY CHANGES OR CLARIFICATIONS TO THE QUESTIONNAIRE AS SUBMITTED, MR. LEE?
A.     NOT TO MY KNOWLEDGE.
Q.     ALSO, AS A PART OF THIS PROCEEDING WE OBTAINED INFORMATION FROM THE VARIOUS LAW AGENCIES, LAW ENFORCEMENT AGENCIES IN THE STATE AND WE DO HAVE A REPORT FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION THAT STATES THAT THEY CHECKED. SLED'S REPORT INDICATES THAT THEY HAVE RECEIVED NEGATIVE RESULTS FROM THE NEWBERRY COUNTY SHERIFF'S OFFICE, THE NEWBERRY CITY POLICE DEPARTMENT, AND THE CRIMINAL RECORDS SECTION OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION. ALSO, THE JUDGMENT ROLLS OF THE NEWBERRY COUNTY CLERK OF COURT'S OFFICE WERE CHECKED; THE RESULTS WERE NEGATIVE, ALSO.

AND IT APPEARS THAT YOUR STATEMENT OF ECONOMIC INTEREST APPEARS TO BE IN GOOD ORDER, SO I THINK THAT, UNLESS THERE ARE MEMBERS OF THE COMMITTEE WHO WOULD LIKE TO ASK ANY SPECIFIC QUESTIONS ABOUT THE STATEMENT OF ECONOMIC INTEREST, WE WILL APPROVE IT AS SUBMITTED. THAT ENDS THE ROUTINE QUESTIONS FROM THE APPLICATION UNLESS THERE ARE QUESTIONS FROM THE SCREENING COMMITTEE IN REGARDS TO THE QUESTIONNAIRE.

REP. WALDROP: I DON'T HAVE ANY QUESTIONS, MR. CHAIRMAN. I WOULD LIKE TO JUST SIMPLY STATE THAT MR. LEE, I HAVE KNOWN HIM FOR A VERY, VERY LONG TIME. OF COURSE, HE IS FROM NEWBERRY COUNTY AND I HAVE KNOWN HIM. HE DOES A TREMENDOUS JOB AND I THINK IN HIS YEARS OF SERVICE, NOT ONLY ON THE COMMISSION BUT WHAT HE HAS DONE RIGHT NOW AS BEING CHAIRMAN, STANDS OUT TO BE A VERY, VERY STRONG POINT AND I WOULD LIKE THAT TO BE ON RECORD THAT I ENDORSE HIM 100 PERCENT AND WILL NOT BACK OFF FROM THAT.

REP. MARVIN: HE VOTES IN EVERY ELECTION?

REP. WALDROP: HE VOTES IN EVERY ELECTION.

SENATOR MOORE: MR. LEE, AS STATE CHAIRMAN OF THE STATE FIRE COMMISSION FOR THE PAST FOUR YEARS, I THINK IT WOULD BE APPROPRIATE IF YOU WANTED TO MAKE ANY COMMENTS OR STATEMENTS IN REGARDS TO YOUR SERVICE.

MR. LEE: MR. CHAIRMAN, I HAVE BEEN PLEASED AND HONORED TO SERVE AS CHAIRMAN OF THE STATE FIRE COMMISSION FOR THE STATE OF SOUTH CAROLINA FOR THE LAST FOUR YEARS.

I FEEL LIKE THAT THE STATE FIRE COMMISSION HAS DONE AN OUTSTANDING JOB, NOT BECAUSE I WAS THERE BUT BECAUSE WE HAVE AN AWFUL LOT OF GOOD, DEDICATED PEOPLE IN THE STATE OF SOUTH CAROLINA THAT ARE SERVING ON THIS COMMISSION. WE HAVE ADDRESSED MANY PROBLEMS WITHIN OUR STATE AND I FEEL SURE ONE OF THE THINGS THAT YOU HAVE HEARD MORE ABOUT THAN ANY OTHER IS THE FACT THAT WE HAVE RATED NUMBER 2, NUMBER 3 AND SOMETIMES, THEY HAVE SAID, EVEN 1 IN THE LAST FOUR OR FIVE YEARS IN PER CAPITA DEATHS BY FIRE IN THE STATE OF SOUTH CAROLINA.

WE AS A COMMISSION DIVISION OF STATE FIRE MARSHALS AND OTHER FIRE DEPARTMENT ORGANIZATIONS THROUGHOUT THE STATE HAVE WORKED DILIGENTLY IN ACTING ON THIS PARTICULAR PROBLEM.

WE HAVE SEVERAL PROGRAMS GOING ON. THE COMMISSION, ALONG WITH THE DIVISION OF STATE FIRE MARSHALS, WAS ABLE TO GET A FEDERAL GRANT LAST YEAR. WE BROUGHT TOGETHER SOMETHING THAT HAD NEVER HAPPENED IN THE STATE OF SOUTH CAROLINA WE BROUGHT TOGETHER KEY PEOPLE FROM ALL STATE AGENCIES TO LOOK AT THE FIRE PROBLEM AS A COMMON GOAL IN THE STATE OF SOUTH CAROLINA; AND OUT OF THIS SYMPOSIUM WE HAD A REPORT COME OUT. THE CHAIRMAN OF THAT WAS CHIEF CARTER JONES WHO HAD BEEN A PAST MEMBER OF THE COMMISSION. AND CHIEF JONES AND HIS GROUP IN GETTING THIS ORGANIZATION TOGETHER AS PART OF THE COMMISSION'S ACTIVITIES HAS DONE SOMETHING THAT I THINK THAT AN AWFUL LOT OF STATE AGENCIES ENVY, AND THAT IS THAT WE HAVE BROUGHT THE STATE AGENCIES TOGETHER WORKING ON A COMMON GOAL.

AND SINCE THAT TIME WE HAVE BEEN ABLE AS A STATE FIRE COMMISSION AND OTHER STATE AGENCIES TO SIT DOWN WITH ONE ANOTHER AND TALK ABOUT THE COMMON PROBLEMS AND WORK TOWARDS TAKING CARE OF THESE PROBLEMS WITHIN OURSELVES RATHER THAN ON OCCASIONS HAVING--WHEN WE CAME TO THE LEGISLATURE WITH A PROBLEM, WE WOULD HAVE A BUILDING OFFICIAL SITTING OVER HERE SAYING "WE WANT THIS," AND THE FIRE OFFICIAL SITTING OVER HERE SAYING, "WE WANT THIS," AND D.S.S SITTING OVER HERE SAYING, "WE WANT THIS." INSTEAD, WE HAVE HAD THESE PEOPLE TO SIT DOWN AND COME TOGETHER AND HAVE A MEETING OF THE MIND FOR THE COMMON GOOD SO, I FEEL LIKE THE STATE FIRE COMMISSION HAS DONE AN OUTSTANDING JOB FOR THE STATE OF SOUTH CAROLINA AND I HAVE BEEN VERY PRIVILEGED TO BE A SMALL PART IN THAT.

REP. WALDROP: MR. CHAIRMAN.

SENATOR MOORE: REPRESENTATIVE WALDROP.

EXAMINATION BY REP. WALDROP:

Q.     HAVE YOU HAD ANY PROBLEMS WORKING WITH YOUR COMMISSION MEMBERS AT ALL?
A.     NO, SIR, NOT TO MY KNOWLEDGE.

SENATOR MOORE: MR. LEE, WE THANK YOU FOR YOUR SERVICE TO THE STATE AND YOUR INTEREST IN CONTINUING YOUR SERVICE. ARE THERE ANY OTHER QUESTIONS FROM THE COMMITTEE?

SENATOR STILWELL: IF I MAY.

SENATOR MOORE: SENATOR STILWELL.

EXAMINATION BY SENATOR STILWELL:

Q.     HOW LONG HAVE YOU BEEN CHIEF IN NEWBERRY?
A.     I'VE BEEN CHIEF IN NEWBERRY FOR SEVEN YEARS, SIR.
Q.     DO YOU FIND THAT YOUR SERVICE ON THE STATE FIRE COMMISSION CONFLICTS OR IMPEDES YOUR WORK IN NEWBERRY AT ALL? IN OTHER WORDS DOES IT TAKE AWAY FROM YOUR TIME ON YOUR NORMAL, ROUTINE DUTIES?
A.     SIR, ANY TIME THAT YOU SERVE ON A COMMITTEE OR BOARD, BE IT LOCAL, COUNTY, OR STATE LEVEL, IT HAS TO BE WITH THE BLESSINGS OF THE CITY FATHERS OR WHICHEVER GROUP THAT YOU WORK FOR. I HAVE BEEN VERY WELL BLESSED IN NEWBERRY IN THAT THE MAYOR, THE CITY COUNCIL, AND THE CITY MANAGER HAVE FELT THAT MY SERVICE ON THE FIRE COMMISSION NOT ONLY SERVED THE STATE BUT IT SERVED WELL FOR THE CITY OF NEWBERRY AND I HAVE BEEN ALLOWED ON CITY TIME TO COME AND ATTEND TO MEETINGS AND THINGS LIKE THAT FOR THE STATE FIRE COMMISSION.
Q.     WELL, I THINK THAT IS COMMENDABLE ON THEIR PART.

SENATOR MOORE: REPRESENTATIVE HARVIN.

EXAMINATION BY REP. HARVIN:

Q.     MR. CHAIRMAN, I WAS JUST GOING TO ASK THE CHIEF THIS AND IT'S MORE OF A PERSONAL NATURE, BUT I REMEMBER-WHAT RELATION ARE YOU TO JOHN RUCKER?
A.     HE'S MY BROTHER-IN-LAW.
Q.     BROTHER-IN-LAW, YES, I THOUGHT I REMEMBERED THAT HE WAS IN THE FAMILY SOMEWHERE.

SENATOR MOORE: ANY FURTHER QUESTIONS?

(NONE INDICATED.)

SENATOR MOORE: THANK YOU VERY MUCH.

MR. LEE: THANK YOU, SIR.

SENATOR MOORE: MR. SMITH, MR. JAMES T. SMITH, .JR. MR. SMITH, PLEASE, RAISE YOUR RIGHT HAND.

(MR. JAMES T. SMITH, JR., CANDIDATE FOR CHAIRMAN OF THE STATE FIRE COMMISSION OF SOUTH CAROLINA, WAS DULY SWORN BY SENATOR MOORE.)

EXAMINATION BY SENATOR MOORE:

Q.     MR. SMITH, WE ALSO HAVE A COPY OF YOUR QUESTIONNAIRE BEFORE US AND YOU LIST AS YOUR HOME ADDRESS P. O. BOX 1267 MURRELS INLET, SOUTH CAROLINA.
A.     YES, SIR.
Q.     YOU WERE BORN IN CLAYTON, GEORGIA.
A.     YES, SIR.
Q.     AND YOU ARE MARRIED TO ORA SUE SHIRLEY SMITH.
A.     YES, SIR.
Q.     YOU HAVE TWO CHILDREN, JAMES T. SMITH AND GEORGE W. SMITH.
A.     YES, SIR.
Q.     AND YOUR MILITARY SERVICE: RETIRED STAFF SERGEANT, U.S. AIR FORCE.
A.     YES, SIR.
Q.     YOUR EDUCATIONAL BACKGROUND INCLUDES RABUN GAP-NACOOCHEE SCHOOL IN RABUN GAP, GEORGIA.
A.     YES, SIR.
Q.     FROM YOUR QUESTIONNAIRE I SEE THAT YOU HAVE NEVER HELD PUBLIC OFFICE.
A.     NO, SIR.
Q.     IN REGARDS TO YOUR LIST OF PUBLIC SERVICE, THERE IS QUITE A LIST OF PROFESSIONAL AND FRATERNAL ORGANIZATIONAL MEMBERSHIPS. I THINK EACH MEMBER HAS A COPY OF THAT EXTENSIVE LIST. YOU HAVE BEEN VERY BUSY. I DO SEE AIKEN COUNTY FIREMEN'S ASSOCIATION LISTED THERE.
A.     YES, SIR. THAT'S WHERE OUR ROOTS ARE.
Q.     ARE THERE ANY CHANGES OR CLARIFICATIONS TO THE QUESTIONNAIRE AS YOU HAVE PRESENTED IT?
A.     NO, SIR.
Q.     AGAIN, AS PART OF THIS PROCEEDING WE DO HAVE REPORTS FROM THE VARIOUS LAW ENFORCEMENT AGENCIES. AND FOR THE RECORD, WE HAVE A REPORT, WE HAVE CONTACTS FROM THE FOLLOWING: THE GEORGETOWN COUNTY SHERIFF'S OFFICE, THE GEORGETOWN CITY POLICE DEPARTMENT, THE CRIMINAL RECORDS SECTION OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND THE JUDGMENT ROLLS OF THE GEORGETOWN COUNTY CLERK OF COURT'S OFFICE. OF COURSE, ALL OF THOSE ARE NEGATIVE.

AS FOR THE STATEMENT OF ECONOMIC INTEREST, UNLESS THERE ARE QUESTIONS FROM MEMBERS OF THE COMMITTEE, I THINK THAT'S PRETTY SELF-EXPLANATORY.

WE WILL ENTERTAIN QUESTIONS FROM THE MEMBERS OF THE COMMITTEE AT THIS TIME.

REP. WALDROP: MR. CHAIRMAN, I WOULD LIKE TO ASK SOME.

SENATOR MOORE: REPRESENTATIVE WALDROP.

REP. WALDROP: THANK YOU, MR. CHAIRMAN.

EXAMINATION BY REP. WALDROP:

Q.     HOW LONG HAVE YOU SERVED AS CHIEF OF A FIRE DEPARTMENT?
A.     AT MURRELS INLET IT'S 4 YEARS; AND BEFORE THAT IT WAS 8 YEARS IN THE CITY OF CAYCE; AND BEFORE THAT IN AIKEN COUNTY WITH CENTER FIRE DEPARTMENT, IT WAS ABOUT 5 YEARS.
Q.     ALL TOTAL, ALL YOUR YEARS OF SERVICE?
A.     ALL MY YEARS, IT'S ABOUT 25 YEARS.
Q.     NOW WHEN DID YOU RETIRE FROM THE MILITARY?
A.     IN 1974. I WAS WITH THE CENTER FIRE DEPARTMENT AS A VOLUNTEER FIRE CHIEF WHILE I WAS ASSIGNED TO AIKEN AIR FORCE STATION IN THE MILITARY.
Q.     ONE QUESTION THEN, WHY DO YOU THINK YOU COULD DO A BETTER JOB THAN OUR CURRENT CHAIRMAN OF THE COMMISSION?
A.     WELL, EVERYBODY'S TIME IN THE DRAWER.
Q.     SIR, I DIDN'T HEAR THAT.
A.     I SAID EVERYBODY GETS A TIME IN THE HEAD OF THE COMMISSION. MR. LEE, IS A FINE PERSON AND I'VE BEEN FRIENDS WITH HIM FOR MANY YEARS AND THERE IS A LOT OF PROGRAMS THAT'S GOING ON THAT MR. LEE WAS INSTRUMENTAL IN GETTING STARTED. I FEEL LIKE THAT THESE PROGRAMS SHOULD CONTINUE AND SOME OTHER AREAS, ALSO, SHOULD BE LOOKED INTO IN THE AREA OF TRAINING A LITTLE BIT MORE OVER THE STATE. WE HAVE GOT A GOOD BASE STARTED BUT WE NEED SOME MORE IN THE UPPER ECHELON TRAINING FOR OFFICERS AND EVEN CHIEF OFFICERS AND A LOT OF SPECIALIZED THINGS THAT THE FIRE ACADEMY YET HASN'T BEEN FUNDED FOR, AND HOPEFULLY WE COULD HELP GET INTO THAT AREA, ALSO.
Q.     YOU DO SAY, THOUGH, HE HAS DONE A GOOD JOB?
A.     HE HAS.
Q.     AND YOU STATE THAT ON THE RECORD?
A.     YES, SIR.
Q.     DO YOU THINK YOU CAN DO A BETTER JOB?
A.     I BELIEVE I CAN. I'M HERE.

REP. WALDROP: NO MORE QUESTIONS.

SENATOR MOORE: ANY OTHER QUESTIONS?

(NONE INDICATED.)

EXAMINATION BY SENATOR MOORE:

Q.     MR. SMITH, I SEE THAT YOU HAVE LISTED THAT YOU WERE ON THE LEGISLATIVE COMMITTEE OF THE SOUTH CAROLINA FIREMEN'S ASSOCIATION.
A.     YES, SIR.
Q.     COULD YOU BRIEFLY GIVE US SOME INSIGHT AS TO WHAT YOUR DUTIES WERE IN THAT CAPACITY?
A.     PRIMARILY AS WE GOT INFORMATION FROM OUR LEGISLATIVE AGENT TO HELP EXPLAIN TO THE MEMBERSHIP AND WHEN SOMETHING CAME UP WITH A CONFLICT, JUST HELPED WORK OUT SOME PROPOSALS TO BE BROUGHT BACK TO THE LEGISLATOR AND SEE IF WE COULD FIND SOME MIDDLE GROUND THAT WE COULD WORK WITH. WE DIDN'T WORK DIRECTLY WITH IT BUT IT WAS IN THE COMMITTEE.

SENATOR MOORE: SENATOR STILWELL.

EXAMINATION BY SENATOR STILWELL:

Q.     MR. SMITH, UNDER YOUR EDUCATIONAL ACHIEVEMENTS YOU LIST RABUN GAP SCHOOL, AND I KNOW THAT'S AN INDIAN NAME SO I'M NOT GOING TO ATTEMPT IT; I ASSUME THAT IS A HIGH SCHOOL.
A.     YES, SIR.
Q.     WHAT YEAR DID YOU GRADUATE FROM THERE?
A.     I DIDN'T GRADUATE FROM THERE. WHEN I LEFT THERE, I WAS IN THE 10TH GRADE THEN I GOT THE G.E.D. WHEN I WAS IN THE MILITARY STATIONED IN THE PHILIPPINES.
Q.     SO YOU GOT A G.E.D. BUT NOT FROM SOUTH CAROLINA; IS THAT CORRECT?
A.     CORRECT.

REP. MARVIN: MR. CHAIRMAN.

SENATOR MOORE: REPRESENTATIVE HARVIN.

EXAMINATION BY REP. HARVIN:

Q.     THE CHIEF POSITIONS THAT YOU HAVE HELD, OTHER THAN IN AIKEN COUNTY YOU WERE--THE OTHER POSITIONS WERE FULL-TIME PAID POSITIONS?
A.     YES, SIR.

REP. MARVIN: AND, SENATOR STILWELL, RABUN GAP IS A GOOD PRESBYTERIAN SCHOOL SUPPORTED BY THE PRESBYTERIAN CHURCH AND I HAVE A LOT OF FRIENDS THAT WENT THERE.

EXAMINATION BY SENATOR MOORE:

Q.     MR. SMITH, WHAT WOULD YOU CONSIDER TO BE YOUR GREATEST STRENGTH OR ATTRIBUTE AS CHAIRMAN OF THE COMMISSION?
A.     GREATEST?
Q.     STRENGTH, WHAT WOULD YOU TELL THIS COMMISSION WOULD BE YOUR GREATEST STRENGTH AS CHAIRMAN OF THAT COMMISSION?
A.     WORKING WITH PEOPLE AND COORDINATING AND GETTING AWAY FROM ALL THE FIGHTS AND STUFF AND TRYING TO PUT MORE OF OUR ENERGY TOWARDS GETTING TO THE GOAL.

SENATOR MOORE: ALL RIGHT, SIR. ANY OTHER QUESTIONS?

EXAMINATION BY REP. WALDROP:

Q.     WHAT IS THE GOAL, SIR?

SENATOR MOORE: REPRESENTATIVE WALDROP.

REP. WALDROP: YES, SIR, EXCUSE ME.
Q.     (BY REP. WALDROP) WHAT IS THE GOAL? (PAUSE.) DO YOU HAVE A GOAL?
A.     WELL, IN MY MIND IN THE AREA OF TRAINING IS A MAJOR GOAL AND THE OTHER AREAS THAT'S BEEN STARTED IS IN THE FIRE DEATHS OF THIS STATE AND THIS IS AN AREA THAT ALL OF US HAVE CONCERNS WITH AND IT'S ONE OF THE THINGS THAT WE DON'T LIKE TO BE AT THE TOP OF THE LIST. I THINK RIGHT NOW WE ARE NUMBER 2 IN THE NATION IN THE FIRE DEATHS, AND TRYING TO FIND AND PUT OUR FINGER ON THE EXACT AVENUE THAT WE CAN STOP THIS OR TURN IT AROUND.

REP. WALDROP: OKAY, SIR.

SENATOR MOORE: NO FURTHER QUESTIONS?

(NONE INDICATED.)

SENATOR MOORE: THANK YOU, MR. SMITH, FOR YOUR TIME AND INTEREST. AT THIS POINT I WILL ENTERTAIN A MOTION TO GO INTO EXECUTIVE SESSION.

SENATOR STILWELL: SO MOVED.

REP. WALDROP: SECONDED.

SENATOR MOORE: AND WE WILL ASK OUR GUESTS TO PLEASE LEAVE AND WE APPRECIATE YOUR BEING HERE.

(THE COMMITTEE DELIBERATED IN EXECUTIVE SESSION.)

(WHEREUPON, THE PROCEEDINGS WERE CONCLUDED AT 10:05 A.M.)

FINDINGS OF FACT

The Joint Committee to Review Candidates for the State Fire Commission has investigated the qualifications of the following candidates and finds each to be qualified to seek election.

Lewis Boyd Lee
Newberry, South Carolina
James Terry Smith, Jr.
Murrells Inlet, South Carolina

Respectfully submitted,

Thomas L. Moore, Chairman

/s/ Senator John W. Matthews, Jr.

/s/ Senator H. Samuel Stilwell

/s/ Senator J. Yancey McGill

/s/ Rep. Dave C. Waldrop, Jr.

/s/ Rep. Daniel E. Winstead

/s/ Rep. Joe E. Brown

/s/ Rep. C. Alexander Harvin, III

On motion of Rep. WALDROP, the Report was ordered printed in the Journal.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., May 23, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it refused to concur and now concurs in the amendments proposed by the House to H. 3528:
H. 3528 -Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-65, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL FISH IN WHICH ANY OTHER PERSON HAS PROPERTY RIGHTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 23, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3388, and the Report having been adopted by both Houses:
H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. NESBITT, from the York Delegation, submitted a favorable report, with amendments, on:

S. 789 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.

S. 789-ORDERED TO THIRD READING

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

S. 789 -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4101 -- Rep. Davenport: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 31, 1989, AS THE TIME FOR APPOINTING PERSONS TO SERVE ON THE STATE BOARD OF SOCIAL SERVICES DURING THE INTERIM PERIOD FOR THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE AT-LARGE SEAT.

The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4102 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING DR. RAY A. LANGSTON OF CLARENDON COUNTY ON BECOMING PRESIDENT OF THE SOUTH CAROLINA DENTAL ASSOCIATION AND EXTENDING BEST WISHES FOR A SUCCESSFUL TENURE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4103 -- Rep. Wright: A CONCURRENT RESOLUTION TO DESIGNATE TUESDAY, MAY 30, 1989, AS "PAT WENDLING DAY" AND TO COMMEND HER FOR HER OUTSTANDING LEADERSHIP AND ACTIVE INVOLVEMENT IN THE "JUST SAY NO" CAMPAIGN AGAINST ALCOHOL AND DRUG ABUSE.

Whereas, Mrs. Pat Wendling of Lexington County has been an outstanding lender and very active participant in the State's "Just Say No" campaign against alcohol and drug abuse; and

Whereas, the "Just Say No" campaign is part of a nationwide initiative designed to encourage persons from using and abusing drugs and alcohol; and

Whereas, Pat Wendling began her involvement in the "Just Say No" effort in her local community in Lexington County and later became the consultant for "Just Say No" and served as a chairperson for the "Just Say No" Rally Committee for two years in Lexington District Five; and

Whereas, she has also served as the "Just Say No" consultant for the South Carolina Commission on Alcohol and Drug Abuse, and as a national consultant to "Just Say No" International; and

Whereas, she has also been actively involved in many other community efforts against drugs and alcohol, including the Lexington and Richland County Alcohol and Drug Abuse Parent Task Force, and Substance Abuse Chairperson for the Nursery Road Elementary School PTA for six years; and

Whereas, her "Just Say No" substance abuse program was selected as the State's most outstanding PTA program in 1986 and nominated for the National Award for Outstanding Program in 1988; and

Whereas, she was also recognized by the South Carolina State Board of Education for significant contributions to South Carolina public schools in 1987, received the first Annual Outstanding Volunteer of the Year in Lexington District Five, and was inducted into Bay Village, Ohio's High School Alumni Hall of Fame for Outstanding Service; and

Whereas, in addition to her active community involvement, she is also a devoted wife and mother of three children; and

Whereas, in recognition of the outstanding service and great sacrifice and effort she has made of her time and energy to such a serious social problem, it is only fitting that we designate a day in her honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, in recognition of her outstanding service and community involvement, designate Tuesday, May 30, 1989, as "Pat Wendling Day" and invite all South Carolinians to join in the recognition of this truly devoted community servant.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Wendling and her family.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4104 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM FOR BEING CHOSEN THE 1989 NATIONAL RIFLE ASSOCIATION NATIONAL HIGH SCHOOL SMALLBORE RIFLE CHAMPION AND CONGRATULATING TEAM CAPTAIN JON MARCY FOR BEING SELECTED THE NATIONAL JROTC INDIVIDUAL SMALLBORE RIFLE CHAMPION FOR THE SECOND YEAR IN A ROW.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 799 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE RAY LANS WILSON, III, OF EDGEFIELD COUNTY UPON RECEIVING A SCHOLARSHIP UNDER THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM.

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

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3933 -- Rep. R. Brown: A BILL TO AMEND SECTIONS 37-2-201 AND 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT SERVICE AND LOAN FINANCE CHARGES SO AS TO PROVIDE THAT A LENDER WHO HAS FILED RATES BUT HAS NOT POSTED THEM IS ONLY SUBJECT TO A FINE FOR THE FIRST OFFENSE IN ANY THIRTY-SIX MONTH PERIOD.

Rep. LIMEHOUSE explained the Senate Amendment.

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

S. 93-COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 23, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 93:
S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-36-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
Very respectfully,
President

On motion of Rep. WILKINS, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. SHORT, J. WILLIAMS and HASKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INTRODUCTION OF BILLS

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

H. 4105 -- Rep. Davenport: A JOINT RESOLUTION TO SUSPEND SECTION 43-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES UNTIL JANUARY 1, 1990, AND PROVIDE FOR THE APPOINTMENT OF CERTAIN MEMBERS OF THE GENERAL ASSEMBLY TO SERVE ON THE BOARD DURING THE SUSPENDED PERIOD AND UNTIL THE SEATS ARE OFFICIALLY FILLED DURING THE 1990 LEGISLATIVE SESSION.

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

H. 4105 - Reps. Townsend, Kay, Cooper, Tucker, T.C. Alexander, Chamblee and P. Harris: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS NUMBERS 1, 2, 3, 4, AND 5 MAY IMPOSE OR INCREASE MATERIAL FEES FOR STUDENTS IN AN APPROPRIATE AMOUNT AS DETERMINED BY THE RESPECTIVE BOARDS BEGINNING WITH THE 1989-90 SCHOOL YEAR.

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

H. 4107 - Rep. Baker: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE SOUTH GREENVILLE AREA FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO RAISE THE DEBT LIMIT OF THE FIRE DISTRICT.

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

S. 733 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST ESTABLISH A PROJECT WHICH EMPLOYS THE USE OF VIDEO CAMERA RECORDING EQUIPMENT IN MOTOR VEHICLES USED BY THE SOUTH CAROLINA HIGHWAY PATROL SO AS TO TEST THE USE OF VIDEO CAMERA RECORDING EQUIPMENT WHEN APPREHENDING A MOTORIST FOR THE PURPOSES OF ESTABLISHING PROBABLE CAUSE FOR ARREST AND FOR USE AS EVIDENCE OF IMPAIRMENT IN ANY SUBSEQUENT TRIAL FOR A VIOLATION OF SECTION 56-5-2930 AND TO PROVIDE THAT UPON THE CONCLUSION OF THE PROJECT THE DEPARTMENT MUST WITHIN SIXTY DAYS NOTIFY THE SENATE TRANSPORTATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE OF ITS FINDINGS, EVALUATIONS, AND RECOMMENDATIONS.

Referred to Committee on Judiciary.

S. 794 -- Senator Hayes: A BILL TO AMEND ACT 292 OF 1987, RELATING TO THE AUTHORIZED TAX MILLAGE FOR SCHOOL PURPOSES IN YORK COUNTY, SO AS TO INCREASE THE AUTHORIZED MILLAGE BY TWO MILLS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4108 -- Rep. Rhoad: A CONCURRENT RESOLUTION RECOGNIZING MR. BOBBY FRIERSON OF DENMARK, BAMBERG COUNTY, FOR HIS OUTSTANDING EFFORTS AND ACCOMPLISHMENTS AS THE PILOT IN THE 1973 EVENT IN WHICH THE WORLD'S RECORD FOR THE NUMBER OF PARACHUTE JUMPS FROM A PLANE IN A TWENTY-FOUR-HOUR PERIOD WAS BROKEN AND WAS COMMEMORATED IN 1989 BY THE "ANNIVERSARY PARACHUTE JUMP".

Whereas, Mr. Bobby Frierson of Denmark, Bamberg County, graduated from Clemson University with a degree in horticulture; and

Whereas, he served with distinction as a Ranger and an officer in the United States Army; and

Whereas, after his: service in the Army, he served as officer-in-charge for the South Carolina Air National Guard; and

Whereas, in 1964, Woody Binnicker of Bamberg County taught Bobby Frierson how to parachute-jump and Bobby Frierson taught Woody Binnicker how to fly a plane; and

Whereas, on January 13, 1973, at the Barnwell County Airport, Woody Binnicker broke the world's record in sport parachuting for the number of parachute jumps from a plane in a twenty-four-hour period; and

Whereas, the pilot in the world record-breaking event was Woody Binnicker's jumping partner and close friend, Bobby Frierson; and

Whereas, in January, 1989, Bobby Frierson and radio and television news personality, Walt Alan Inabinett jumped in a tandem harness to commemorate the courageous achievement and world record-setter of 1973; and

Whereas, the anniversary jump of January, 1989, was an occasion of great celebration; and

Whereas, Bobby Frierson is an advanced freefall instructor and is the only qualified tandem instructor in South Carolina; and

Whereas, he is one of the elite jumpers in the world as far as experience is concerned, having over four thousand jumps; and

Whereas, he is an outstanding individual deserving of recognition. 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, recognizes Mr. Bobby Frierson of Denmark, Bamberg County, for his outstanding efforts and accomplishments as the pilot in the 1973 event in which the world's record for the number of parachute jumps from a plane in a twenty-four-hour period was broken and was commemorated in 1989 by the "Anniversary Parachute Jump".

Be it further resolved that a copy of this resolution be forwarded to Mr. Bobby Trierson, Mr. Woody Binnicker, and Mr. Walt Alan Inabinett.

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

MOTION ADOPTED

Rep. RAMA moved that when the House adjourns it adjourn in memory of retired Navy Captain Samuel 0. Jones, Jr. of Mt. Pleasant, which was agreed to.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Ferguson               Foster                 Glover
Gordon                 Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Jaskwhich              Johnson, J.W.          Kay
Keegan                 Keesley                Kirsh
Lanford                Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Nesbitt
Nettles                Phillips               Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Snow
Stoddard               Taylor                 Townsend
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 24, 1989.

John B. Williams                  Denny W. Neilson0
Juanita M. White                  Robert A. Kohn
Timothy C. Wilkes                 Dave C. Waldrop, Jr.
William N. Cork                   Harriet H. Keyserling
Thomas A. Limehouse               George H. Bailey
Ralph Davenport                   Roland S. Corning
John G. Felder                    Thomas E. Huff
Jarvis R. Klapman                 Richard M. Quinn, Jr.
Jackson V. Gregory                James C. Johnson
Larry E. Gentry                   James E. Lockemy
Larry L. Koon                     Joseph T. McElveen, Jr.
Total Present-121

STATEMENT OF ATTENDANCE

Rep. HUFF signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, May 22, 1989.

STATEMENT OF ATTENDANCE

Rep. FARR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 16, 1989.

DOCTOR OF THE DAY

Announcement was made that Dr. Michael Holmes of Kingstree is the Doctor of the Day for the General Assembly.

H. 3916-TABLED

Rep. ELLIOTT moved to table the following Bill, which was agreed to.

H. 3916 - Rep. Elliott: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

SENT TO THE SENATE

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

H. 4048 -- Reps. Cooper, Chamblee, G. Bailey and Moss: A BILL TO DESIGNATE HIGHWAY 57 WHERE IT JOINS HIGHWAY 9 EAST IN THE CITY OF DILLON UNTIL IT REACHES S.C. HIGHWAY 41 THE "J.E. LOCKEMY HIGHWAY", AND TO PROVIDE FOR A SUITABLE DEDICATION CEREMONY AND THE INSTALLATION OF APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY.

H. 4088 -- Rep. Sheheen: A BILL TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO CHANGE THE PROCEDURE FOR SELECTING THE BOARD MEMBERS FROM APPOINTMENT BY THE GOVERNOR TO ELECTION BY THE USERS OF THE DISTRICT.

H. 4089 -- Rep. Gentry: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE HOLLYWOOD AND PLEASANT GROVE PRECINCTS.

H. 4091 -- Reps. Lockemy and Harwell: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM IN DILLON COUNTY AS TO WHETHER OR NOT THE QUALIFIED ELECTORS OF THE COUNTY FAVOR HAVING A SEVEN-MEMBER COUNTY BOARD OF EDUCATION TO BE ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE DILLON COUNTY COUNCIL ARE ELECTED.

ORDERED ENROLLED FOR RATIFICATION

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

S. 673 -- Senators Gilbert and Hinds: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.

ORDERED TO THIRD READING

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

H. 4095 -- Reps. R. Brown and Harwell: A BILL TO AMEND ACT 607 OF 1986, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO FURTHER PROVIDE FOR THE ANNUAL MILLAGE WHICH MAY BE LEVIED BY THE BOARD.

H. 4096 -- Aiken Delegation: A BILL TO PROVIDE THAT FOR THE YEAR 1989 AND THEREAFTER, A TAX MILLAGE OF EIGHTY-FOUR MILLS IS AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY.

S. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.

H. 4100 -- Reps. Kay, Carnell and Townsend: A BILL TO AMEND ACT 753 OF 1988, RELATING TO MATERIAL FEES WHICH THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 IS AUTHORIZED TO IMPOSE, SO AS TO PROVIDE FOR THE MANNER IN WHICH THESE MATERIAL FEES MAY BE INCREASED BY THE BOARD AND THE STUDENTS TO WHICH THESE FEES APPLY.

S. 482 - Senator Lee: A BILL TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN LICENSES OF INSURANCE AGENTS ARE NOT REQUIRED, SO AS TO PROVIDE THAT CERTAIN AGENCY OFFICE EMPLOYEES ARE NOT REQUIRED TO BE LICENSED.

Rep. KOHN explained the Bill.

S. 482-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KOHN, with unanimous consent, it was ordered that S. 482 be read the third time tomorrow.

S. 503-DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. J. ROGERS having the floor.

S. 603 -- Senators Land, Moore, Lourie, McLeod, Lindsay, Thomas, Bryan, Mitchell, Patterson, Pope and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.

Rep. McEACHIN moved to adjourn debate upon the Bill until Thursday, May 25, 1989, which was adopted.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 643 -- Senator Lindsay: A BILL TO AMEND SECTIONS 37-2-416 AND 37-3-408, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHANGE IN TERMS OF REVOLVING CHARGE AND LOAN ACCOUNTS, SO AS TO DELETE THE REQUIREMENT THAT A CONSUMER INCURS ADDITIONAL DEBT AFTER NOTIFICATION OF A CHANGE IN TERMS, AND REQUIRE THE WRITTEN DISCLOSURE OF A CHANGE IN TERMS TO STATE THAT IF THE CONSUMER DOES NOT WANT TO CONTINUE THE REVOLVING ACCOUNT UNDER THE NEW TERMS THE CREDITOR WILL TERMINATE THE ACCOUNT AND PERMIT THE CONSUMER TO PAY THE EXISTING BALANCE UPON THE TERMS IN EFFECT BEFORE THE CHANGE IN TERMS ON THE WRITTEN REQUEST OF THE CONSUMER.

S. 267 -- Senator McLeod: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO PROVIDE FOR THE MANAGEMENT OF INFECTIOUS WASTE; TO AMEND SECTION 51, PART II OF ACT 658 OF 1988, RELATING TO THE COMMERCIAL DISPOSAL OF INFECTIOUS WASTE BY INCINERATION, SO AS TO PROVIDE FOR THE TREATMENT OF INFECTIOUS WASTE INSTEAD OF COMMERCIAL DISPOSAL.

H. 3567--DEBATE ADJOURNED

Rep. KOHN moved to adjourn debate upon the following Bill until Thursday, May 25, 1989, which was adopted.

H. 3567 -- Reps. Boan, McLellan, McElveen, Taylor and Kohn. A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES BY SETTING FORTH PURPOSES, DEFINITIONS, THE CONTENT OF RENTAL AGREEMENTS, THE LIMITATIONS ON THE ADVERTISING, QUOTING, AND CHARGING OF RENTAL RATES, AND PENALTIES.

H. 3629-DEBATE ADJOURNED

Rep. BLACKWELL moved to adjourn debate upon the following Bill until Tuesday, May 30, 1989, which was adopted.

H. 3629 -- Reps. Beasley, J. Rogers, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Bennett, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Burch, T.M. Burriss, Carnell, Corning, Davenport, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Glover, Gordon, Gregory, Hallman, J. Harris, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keyserling, Lockemy, Manly, D. Martin, McBride, McEachin, McElveen, McGinnis, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, T. Rogers, Rudnick, Short, Simpson, Snow, Stoddard, Townsend, Waites, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford, Wright, Limehouse, Harvin, Sharpe, Klapman, Mappus and Hearn: A BILL TO ENACT THE "TARGET 2000-SCHOOL REFORM FOR THE NEXT DECADE" ACT BY AMENDING SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER AND RESPONSIBILITY OF THE STATE BOARD OF EDUCATION TO ESTABLISH THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND ACHIEVEMENT, SO AS TO REVISE PROVISIONS REQUIRING THE STATE BOARD OF EDUCATION TO IMPLEMENT REGULATIONS PROVIDING AT LEAST ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR OLD CHILDREN WHO HAVE PREDICTED SIGNIFICANT READINESS DEFICIENCIES BY MAKING THESE REGULATIONS APPLICABLE TO ALL SCHOOL DISTRICTS AND REQUIRING THAT SPECIAL EFFORTS BE MADE TO RECRUIT CHILDREN WHOSE PARTICIPATION IS DIFFICULT TO OBTAIN; TO ADD SECTION 59-1-451 SO AS TO PROVIDE FOR PARENT EDUCATION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT NOT LATER THAN THE 1990-91 SCHOOL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE SUFFICIENT FUNDS TO PROVIDE COMPENSATORY AND REMEDIAL PROGRAMS FOR ALL STUDENTS WHO FAIL TO MEET THE STATEWIDE MINIMUM STANDARDS IN READING, WRITING, AND MATHEMATICS, TO PROVIDE THAT ARTS EDUCATION MUST BE CONSIDERED IN THE WEIGHTINGS USED TO PROVIDE FOR THE RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS GENERATED FROM THIS ARTS WEIGHTING MUST BE USED; TO ADD ARTICLE 5 TO CHAPTER 65, TITLE 59 SO AS TO ESTABLISH A SCHOOL DROP-OUT PREVENTION AND RECOVERY PROGRAM; TO AMEND SECTIONS 56-1-40, 56-1-50, 56-1-180, AND TO ADD SECTION 56-1-45 SO AS TO PROHIBIT THE ISSUING OF DRIVERS' LICENSES TO PERSONS UNDER EIGHTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES, WHO HAVE NOT EARNED A G.E.D. CERTIFICATE, OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE SUSPENSION OF THE DRIVER'S LICENSES OF SPECIFIED STUDENTS UNDER CERTAIN CONDITIONS AND TO PROVIDE EXCEPTIONS; TO ADD SECTION 59-63-70 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL IMPLEMENT CERTAIN ACTIVITIES DESIGNED TO ENCOURAGE YOUNG PEOPLE TO CONSIDER POST-SECONDARY EDUCATION OR TRAINING; TO AMEND SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, STUDENTS WHO ARE PURSUING CERTAIN COLLEGE INSTRUCTIONAL OR ADMINISTRATIVE CURRICULUMS SHALL SUCCESSFULLY COMPLETE TRAINING AND DEVELOPMENT EXPERIENCES IN TEACHING HIGHER ORDER THINKING SKILLS, AND SHALL SUCCESSFULLY COMPLETE TRAINING IN METHODS OF MAKING SCHOOL IMPROVEMENT COUNCILS AN ACTIVE AND EFFECTIVE FORCE IN IMPROVING SCHOOLS; TO AMEND SECTION 59-26-30, RELATING TO THE DEVELOPMENT OF TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS BY THE STATE BOARD OF EDUCATION, SO AS TO FURTHER PROVIDE FOR THESE TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; TO ADD SECTION 59-31-600 SO AS TO ESTABLISH CERTAIN STANDARDS FOR TEXTBOOK ADOPTIONS; TO AMEND SECTION 59-29-180, RELATING TO THE EMPHASIS ON HIGHER ORDER PROBLEM SOLVING SKILLS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ASSIST THE SCHOOL DISTRICTS IN THE LOCATION AND DEVELOPMENT OF MATERIALS AND AIDS WHICH MAY BE USED FOR THESE PURPOSES; TO ADD SECTION 59-1-450 SO AS TO PROVIDE THAT WHEN SELECTING CERTAIN ACHIEVEMENT TESTS FOR STATEWIDE TESTING, THE STATE BOARD OF EDUCATION SHALL SELECT TESTS WITH A SUFFICIENT NUMBER OF ITEMS WHICH MAY BE RESCORED TO EVALUATE THE STUDENT'S HIGHER ORDER THINKING SKILLS; TO ADD SECTION 59-30-110 SO AS TO PROVIDE THAT WHEN TEST ITEMS FOR THE BASIC SKILLS ASSESSMENT PROGRAM ARE REVISED, THE STATE BOARD OF EDUCATION SHALL INCLUDE TEST ITEMS WHICH MAY BE RESCORED TO EVALUATE A STUDENT'S HIGHER ORDER THINKING SKILLS; TO AMEND SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE HIGHER ORDER THINKING AND PROBLEM-SOLVING SKILLS IN THESE IN-SERVICE TRAINING PROGRAMS; TO AMEND SECTION 59-29-170, RELATING TO PROGRAMS FOR TALENTED STUDENTS, SO AS TO PROVIDE THAT BEGINNING WITH THE 1991-92 SCHOOL YEAR, ALL GIFTED AND TALENTED STUDENTS AT THE ELEMENTARY AND SECONDARY LEVELS WHO ARE NOT INCLUDED IN STATE FUNDED ADVANCED PLACEMENT PROGRAMS MUST BE PROVIDED THE PROGRAMS FOR TALENTED STUDENTS CONTAINED IN THIS SECTION; TO ADD SECTION 59-18-15 SO AS TO PROVIDE FOR THE MANNER IN WHICH A SCHOOL WHICH HAS RECEIVED AN INCENTIVE GRANT TWICE DURING A THREE-YEAR PERIOD MUST BE GIVEN THE FLEXIBILITY OF RECEIVING AN EXEMPTION FROM THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND FROM THE REPORTING REQUIREMENTS OF THE BASIC SKILLS ASSESSMENT PROGRAM; TO AMEND SECTION 59-18-20, RELATING TO THE COMPETITIVE GRANTS PROGRAM FOR IMPROVEMENT OF INSTRUCTION, SO AS TO ALSO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM; TO ADD SECTION 59-18-25 SO AS TO ESTABLISH A "CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP" AT SELECTED PUBLIC COLLEGES OR UNIVERSITIES; TO ADD SECTION 59-25-55 SO AS TO REQUIRE THE SOUTH CAROLINA CENTER FOR TEACHER RECRUITMENT TO ESTABLISH A PROGRAM FOR THE PURPOSE OF EXPANDING THE NUMBER OF HIGH ACHIEVING MINORITY STUDENTS ENTERING AND COMPLETING TEACHER EDUCATION PROGRAMS; TO ADD 59-18-31 SO AS TO PROVIDE THAT BY THE 1991-92 SCHOOL YEAR, THE STATE BOARD OF EDUCATION COMMITTEE IN CONSULTATION WITH THE SELECT COMMITTEE SHALL DEVELOP ADDITIONAL CRITERIA WHICH MUST BE USED TO EVALUATE THE QUALITY OF EDUCATION IN THE SCHOOL DISTRICTS; TO ADD SECTION 59-18-11 SO AS TO FURTHER PROVIDE FOR THE CRITERIA SCHOOLS SHALL MEET IN ORDER TO QUALIFY FOR SCHOOL INCENTIVE AWARDS; TO ADD SECTION 59-6-15 SO AS TO ESTABLISH THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE AND TO PROVIDE FOR THEIR MEMBERSHIP, DUTIES, AND FUNCTIONS; TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AND OTHER OFFICIALS AND ENTITIES IN REGARD TO THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984, AND SECTION 59-6-30 RELATING TO CERTAIN ASSESSMENTS AND REPORTS CONCERNING THE EDUCATION IMPROVEMENT ACT, SO AS TO DELETE REFERENCES TO CERTAIN ELIMINATED COMMITTEES, SUBCOMMITTEES AND PARTNERSHIPS, TO INCLUDE IN THOSE SECTIONS THE DUTIES AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP AND ITS BUSINESS-EDUCATION SUBCOMMITTEE IN REGARD TO THE EDUCATION IMPROVEMENT ACT, AND PROVIDE FOR THE REQUIREMENTS OF CERTAIN FUNDING; TO AMEND SECTION 59-24-30, RELATING TO THE PARTICIPATION OF SCHOOL SUPERINTENDENTS AND PRINCIPALS IN SEMINARS FOR THE IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO FURTHER PROVIDE FOR THESE SEMINARS; TO AMEND SECTION 59-24-50, RELATING TO THE DEVELOPMENT TRAINING PROGRAMS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE TRAINING PROGRAMS; TO AMEND SECTION 59-24-120, RELATING TO APPRENTICESHIP SCHOOL PRINCIPAL PROGRAMS, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; TO AMEND SECTION 59-20-60, AS AMENDED, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, THE ESTABLISHMENT OF SCHOOL IMPROVEMENT COUNCILS, AND AUDITS AND REPORTS SUBMITTED UNDER THE ACT, SO AS TO PROVIDE THAT ELECTIONS OF MEMBERS TO SCHOOL IMPROVEMENT COUNCILS MUST OCCUR DURING THE SECOND WEEK IN OCTOBER, AND TO PROVIDE THAT THE INFORMATION FORWARDED TO THE STATE DEPARTMENT OF EDUCATION SHALL ALSO IDENTIFY AT LEAST ONE MEMBER OF EACH SCHOOL IMPROVEMENT COUNCIL WHO SHALL RECEIVE AND DISTRIBUTE COUNCIL-RELATED INFORMATION TO OTHER COUNCIL MEMBERS; TO ADD SECTION 59-1-452 SO AS TO ESTABLISH A PUBLIC SCHOOL EMPLOYEES COST-SAVINGS PROGRAM FOR THE PURPOSE OF MAKING CASH AWARDS TO SCHOOL DISTRICT EMPLOYEES FOR COST SAVING IDEAS; TO ADD SECTION 59-6-16 SO AS TO REQUIRE THE BUSINESS-EDUCATION SUBCOMMITTEE TO APPOINT A LEADERSHIP NETWORK OF REPRESENTATIVES FROM THE PRIVATE SECTOR AND TO PROVIDE FOR THE FUNCTIONS OF THE LEADERSHIP NETWORK; TO AMEND SECTION 59-5-65, AS AMENDED, RELATING TO CERTAIN POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL WORK WITH THE LEADERSHIP NETWORK ESTABLISHED BY THE BUSINESS-EDUCATION SUBCOMMITTEE; AND TO ADD SECTION 59-24-41 SO AS TO PROVIDE FOR CERTAIN PRACTICES WHICH A PRINCIPAL MUST DEMONSTRATE TO RECEIVE A MINIMUM SATISFACTORY PERFORMANCE RATING BEGINNING WITH THE 1991-92 SCHOOL YEAR.

H. 3451-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE, OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3898U), which was adopted.

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

/SECTION 1. Section 56-3-840 of the 1976 Code is amended to read:

"Section 56-3-840. The owner of every a vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license such the vehicle and pay the specified fees or renewal fees, when and as required, must upon registering such the vehicle shall pay to the department a delinquency penalty fee of five ten dollars. In those cases where the owner is delinquent by more than thirty days, he must pay a delinquency penalty fee of ten dollars to the Department,. In those cases where the owner is delinquent by more than ninety days, he must pay a delinquency penalty fee of twenty-five dollars to the Department. A delinquency penalty may not be assessed when the license plate is surrendered pursuant to Section 56-10-240.

Any A person who shall drives, move, or operate drives, moves, or operates on a highway any a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor."

Section 2. This act takes effect September 1, 1989./

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

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

H. 3699-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4260U), which was adopted.

Amend the bill, as and if amended, in Section 20-7-1315 of the 1976 Code, as contained in SECTION 3, by striking subsection (M), page 5, lines 29 through 41, which reads:

/(M) All child support orders initially issued within the State after December 31, 1993, must include a provision that the wages of the absent parent are subject to withholding, regardless of whether support payments by the parent are in arrears. These wages are not subject to withholding in any case where:

(1) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or

(2) a written agreement is reached between both parties which provides for an alternative arrangement./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. MOSS asked unanimous consent that H. 3699 be read a third time tomorrow.

Rep. LIMEHOUSE objected.

H. 3677--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3677 -- Reps. Hearn, J. Bailey, Baxley, T. Rogers, Littlejohn, Waites, Wilder, Faber, Hodges, P. Harris, Wells, Wright, Jaskwhich and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-310 SO AS TO PROVIDE THAT SUCCESSFUL COMPLETION OF A COURSE IN THE BRAILLE SYSTEM OF AT LEAST ONE CREDIT HOUR IS A PREREQUISITE FOR GRADUATION FOR STUDENTS MAJORING IN SPECIAL EDUCATION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING.

AMENDMENT NO. 1-ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 18, by the Committee on Education and Public Works.

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

H. 3677-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. HEARN, with unanimous consent, it was ordered that H. 3677 be read the third time tomorrow.

S. 571--INTERRUPTED DEBATE

The following Bill was taken up.

S. 571 -- Senators Lourie, Passailaigue, Wilson, Leatherman, Fielding, McGill, Waddell, Courson, Long and Rose: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO CHANGE TIMES WHEN THE CONVENTIONS MUST BE HELD.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 4684U).

Amend the bill, as and if amended, in Section 7-9-100 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /year./ on line 5 of page 2 the following: /If this Party is one of the two major parties in South Carolina and at its convention nominates candidates for certain offices to be filled in the general election for that year, the filing period for those offices in the other party's primary election, if it nominates its candidates for those offices by primary election, is extended until 5:00 P.M. on the day following the completion of the convention. Other than this provision, nothing herein affects the filing periods for all other candidates to public office as provided by law./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WILKINS spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. l, Rep. WILKINS having the floor.

S. 321-INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 21, Rep. FOSTER having been recognized.

S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.

AMENDMENT NO. 21-TABLED

Debate was resumed on Amendment No. 21, which was proposed on Tuesday, May 23, by Rep. FARR.

Rep. FOSTER spoke against the amendment.

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

Rep. CORBETT proposed the following Amendment No. 24 (Doc. No. 4838U), which was tabled.

Amend the report of the Committee on Education and Public Works, as and if amended, by adding an appropriately numbered section to read:

/SECTION____. The 1976 Code is amended by adding:

"Section 59-1-540. (A) As part of the statewide Target 2000-School Reform for the next decade program, the State Department of Education shall establish certain requirements and standards for school teachers and administrators for teaching, instructing, educating, or otherwise providing information to school children on the subject of abortion. The criteria established by the department must be developed pursuant to the requirements of subsection (B) of this section.

(B) The discussion of abortion in the public schools of this State, either by lecture, instruction, or otherwise, is prohibited except in the context of historical or medical events. Abortion may not be presented as birth control in any public setting, activity, or instruction. Abortion services may not be presented or advertized in a public school environment or in any materials, publications distributed within the school environment. Abortion referrals or counseling may not be provided by any school personnel or any other person in a public school context or environment."/

Renumber sections to conform.

Amend title to conform.

Rep. CORBETT explained the amendment.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that Amendment No. 24 was out of order as it was not germane to the Bill in that Section B of the Amendment went with the context of the comprehensive health education curriculum and that this Bill had nothing to do with that.

Rep. CORBETT argued contra the Point in stating that the Amendment included a mandate under the Target 2000 Bill to deal with certain items such as education. He further argued that Section 20 of the Bill made the Amendment germane.

Rep. BEASLEY further argued that Section 20 of the Bill dealt strictly with allowing schools to have flexibility within certain regulations.

Rep. CORBETT further argued contra the Point.

Rep. HASKINS argued contra the Point in stating that Sections 8-18 of the Bill got into the specifics of higher order thinking skills, which was a new course instruction division that was being mandated by this Bill into the education system.

The SPEAKER then overruled the Point of Order.

Rep. CORBETT continued speaking.

ACTING SPEAKER McTEER IN CHAIR

Rep. CORBETT continued speaking.

Rep. CORBETT spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. CORBETT continued speaking.

Rep. K. BAILEY moved to table the amendment.

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

The amendment was then tabled by a division vote of 58 to 23.

Further proceedings were interrupted by a request for Free Conference Powers on H. 3695, the pending question being consideration of amendments.

H. 3695-FREE CONFERENCE POWERS GRANTED

Rep. R. BROWN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THING, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL EXPENSE DATA WHICH OR PROJECTED LOSS OR INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL ON PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE, COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Glover
Gordon                 Gregory                Harris, J.
Harris, P.             Harwell                Hayes
Hearn                  Hendricks              Hodges
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams, J.
Winstead               Wofford                Wright

Total--108

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. R. BROWN, J. BAILEY and MAPPUS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 321-AMENDED AND ORDERED TO THIRD READING

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

S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.

Rep. CORBETT proposed the following Amendment No. 25 (Doc. No. 5052U), which was rejected.

Amend the report of the Committee on Education and Public Works, as and if amended, by adding an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 59-1-530. (A) As part of the statewide Target 2000-School Reform for the next decade program, the State Department of Education shall establish certain requirements and standards for school teachers and administrators for teaching, instructing, educating, or otherwise providing information to school children on the subject of homosexuality. The criteria established by the department must be developed pursuant to the requirements of subsection (B) of this section.

(B) The discussion of homosexual activities by instruction, lecture, or otherwise in the public schools of this State is prohibited except when it pertains to a disease. However, when discussing homosexual activities within the context of a disease, it must also be explained that it is unhealthy, unnatural, and illegal behavior under the laws of this State."/

Renumber sections to conform.

Amend title to conform.

Rep. CORBETT explained the amendment.

Rep. BEASLEY moved to table the amendment.

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

Yeas 49; Nays 50

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Barber                 Beasley
Blanding               Boan                   Brown, G.
Brown, J.              Carnell                Faber
Fant                   Foster                 Gordon
Gregory                Harris, P.             Harvin
Hodges                 Jaskwhich              Kay
Keesley                Keyserling             Kirsh
Manly                  Martin, D.             Mattos
McAbee                 McBride                McLellan
McTeer                 Nesbitt                Phillips
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Snow                   Taylor                 Townsend
Tucker                 Waites                 Washington
Whipper                White                  Williams, J.
Wright

Total-49

Those who voted in the negative are:

Bailey, G.             Baker                  Barfield
Baxley                 Blackwell              Brown, H.
Bruce                  Burch                  Burriss, M.D.
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Fair                   Felder
Ferguson               Hallman                Harris, J.
Haskins                Hayes                  Hendricks
Huff                   Keegan                 Lanford
Limehouse              Littlejohn             Martin, L
McCain                 McEachin               McElveen
McGinnis               Moss                   Neilson
Quinn                  Rama                   Sharpe
Smith                  Stoddard               Sturkie
Vaughn                 Wells                  Wilkins
Winstead               Wofford

Total-50

So, the House refused to table the amendment.

Rep. KEYSERLING spoke against the amendment.

Rep. FAIR spoke in favor of the amendment.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that Amendment No. 25 was out of order as it was not germane to the title of the Bill.

The SPEAKER stated that, citing his ruling on the previous Amendment, Sections 8-18 of the Bill did deal with instructional activity and development of curriculum and higher order thinking skills in setting forth certain items that are required to be included in curriculums and he overruled the Point of Order.

Reps. WASHINGTON, FANT and T. ROGERS spoke against the amendment.

Rep. T. ROGERS moved to table the amendment.

POINT OF ORDER

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

The question then recurred to the adoption of the amendment.

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

Yeas 41; Nays 54

Those who voted in the affirmative are:

Bailey, G.             Baker                  Barfield
Blackwell              Brown, H.              Bruce
Burch                  Burriss, M.D.          Carnell
Clyborne               Cole                   Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Fair
Hallman                Haskins                Hayes
Hearn                  Hendricks              Keegan
Kohn                   Lanford                Limehouse
Littlejohn             Martin, L.             McAbee
McEachin               McGinnis               Quinn
Rama                   Simpson                Stoddard
Vaughn                 Wells                  Winstead
Wofford                Wright

Total-41

Those who voted in the negative are:

Alexander, T.C.        Bailey, K.             Barber
Baxley                 Beasley                Blanding
Boan                   Brown, G.              Brown, J.
Chamblee               Cooper                 Faber
Fant                   Felder                 Foster
Glover                 Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Harwell                Johnson, J.W.          Kay
Keesley                Keyserling             Kirsh
Manly                  McBride                McKay
McTeer                 Moss                   Neilson
Nesbitt                Phillips               Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Smith
Snow                   Taylor                 Townsend
Tucker                 Waites                 Waldrop
Washington             Whipper                White
Wilder                 Wilkes                 Williams, J.

Total-54

So, the amendment was rejected.

Rep. FARR proposed the following Amendment No. 26 (Doc. No. 5033U), which was adopted.

Amend the committee report, as and if amended, DIVISION II, page 0321-4, by adding an appropriately numbered SECTION to read:

/SECTION . The State Board of Education shall promulgate regulations to ensure that all school districts offer a clearly defined program of career development, grades 6 through 12, including vocational schools, beginning in school year 1991-92./

Renumber sections to conform.

Amend title to conform.

Rep. CORBETT proposed the following Amendment No. 27 (Doc. No. 5052U), which was tabled.

Amend the report of the Committee on Education and Public Works, as and if amended, by adding an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 59-1-530. (A) As part of the statewide Target 2000-School Reform for the next decade program, the State Department of Education shall establish certain requirements and standards for school teachers and administrators for teaching, instructing, educating, or otherwise providing information to school children on the subject of homosexuality. The criteria established by the department must be developed pursuant to the requirements of subsection (B) of this section.

(B) The discussion of homosexual activities within the Health Education curriculum is prohibited except when it pertains to a disease. However, when discussing homosexual activities within the context of a disease, it must also be explained that it is unhealthy, unnatural, and illegal behavior under the laws of this State."/

Renumber sections to conform.

Amend title to conform.

Rep. CORBETT explained the amendment.

Rep. FABER moved to table the amendment.

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

Yeas 55; Nays 46

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, K.
Barber                 Beasley                Bennett
Boan                   Brown, G.              Brown, J.
Chamblee               Cooper                 Faber
Fant                   Ferguson               Foster
Glover                 Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Harwell                Hodges                 Jaskwhich
Johnson, J.W.          Kay                    Keesley
Keyserling             Kirsh                  Manly
McBride                McKay                  McLellan
McTeer                 Neilson                Nesbitt
Nettles                Phillips               Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Smith
Snow                   Taylor                 Townsend
Waites                 Waldrop                Washington
Whipper                White                  Wilder
Wilkes

Total-55

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Baker
Barfield               Baxley                 Blackwell
Brown, H.              Bruce                  Burriss, M.D.
Carnell                Clyborne               Cole
Corbett                Cork                   Corning
Davenport              Elliott                Fair
Felder                 Gentry                 Hallman
Haskins                Hayes                  Hearn
Hendricks              Huff                   Keegan
Klapman                Lanford                Limehouse
Littlejohn             Mappus                 Martin, L.
McAbee                 McCain                 McEachin
McGinnis               Quinn                  Rama
Simpson                Stoddard               Tucker
Vaughn                 Wells                  Winstead
Wright

Total-46

So, the amendment was tabled.

Rep. FAIR proposed the following Amendment No. 13 (Doc. No. 4700U), which was tabled.

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

/SECTION____. As a part of the "Target 2000-School Reform for the Next Decade" Act, the State Superintendent of Education is directed to instruct the county superintendents of education to advise the public school teachers of the school districts that, consistent with the United States Supreme Court in Edwards v. Aguillard, they have the freedom and flexibility to supplement the present science curriculum with the presentation of various scientific theories about the origins of life, if done with the secular intent of enhancing the effectiveness of science instruction. The State Superintendent also shall instruct the superintendents to provide to the teachers, upon request, a list of related science textbooks./

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. BEASLEY moved to table the amendment.

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

Yeas 60; Nays 33

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, K.
Barber                 Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, J.              Carnell                Chamblee
Cooper                 Derrick                Faber
Fant                   Felder                 Foster
Gentry                 Glover                 Gordon
Gregory                Harris, J.             Harvin
Hearn                  Hendricks              Hodges
Jaskwhich              Johnson, J.W.          Kay
Keyserling             Kirsh                  Manly
McAbee                 McBride                McEachin
McGinnis               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Snow                   Taylor
Townsend               Tucker                 Waites
Waldrop                Washington             Whipper
White                  Wilder                 Wilkes

Total-60

Those who voted in the negative are:

Baker                  Barfield               Baxley
Blackwell              Brown, H.              Bruce
Burriss, M.D.          Clyborne               Cole
Corbett                Cork                   Davenport
Elliott                Fair                   Hallman
Haskins                Hayes                  Huff
Keegan                 Keesley                Klapman
Lanford                Littlejohn             Mappus
Martin, L.             Quinn                  Rama
Short                  Simpson                Vaughn
Wells                  Winstead               Wofford

Total-33

So, the amendment was tabled.

Rep. FAIR proposed the following Amendment No. 14 (Doc. No. 47549U), which was ruled out of order.

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

/SECTION____. As a part of the "Target 2000-School Reform for the Next Decade" Act, the State Superintendent of Education is directed to instruct the county superintendents of education to advise the public school teachers of the school districts that the books "Growing to Maturity" and "Human Sexuality, A Responsible Approach" by Dr. Linda A. Berne when taught alone do not conform to state law./

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that Amendment No. 14 was out of order as it was not germane to the title of the Bill.

Rep. FAIR argued contra the Point.

Rep. HASKINS stated that Section 13 of the Bill allowed instruction and evaluation by the school board to make determination in regard to text books.

The SPEAKER stated that Section 13 of the Bill directed the state superintendent to do something, not evaluating or developing a program or curriculum and he sustained the Point of Order and ruled the Amendment out of order.

Rep. FAIR proposed the following Amendment No. 15 (Doc. No. 4758U), which was tabled.

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

/SECTION____. Chapter 32, Title 69 of the 1976 Code, as added by Act 437 of 1988, is amended by adding:

"Section 59-32-100. As a part of the "Target 2000-School Reform for the Next Decade" Act, a person must not be invited to speak to public school students on the subjects of reproductive health, family life, or pregnancy prevention unless he is employed by the public school system and he or the group he represents has been approved by the local school board."/

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 59 to 19.

SECTION 5-RECONSIDERED, AMENDED AND
ADOPTED AS AMENDED

The motion of Rep. WRIGHT to reconsider the vote whereby Section 5 was adopted and amended was taken up and agreed to.

Rep. WRIGHT proposed the following Amendment No. 20 (Doc. No. 5044U), which was adopted.

Amend the bill, as and if amended, by striking Section 59-65-470 of the 1976 Code, as contained on page 0321-111, and inserting:

/Section 59-65-470. To enable the Wil Lou Gray Opportunity School to inform dropouts of the school's academic and vocational training programs, the school is authorized to contact the attendance supervisors or principals at the various high schools or school districts of this State at reasonable intervals for the purpose of receiving access to the names and addresses of students reported by the supervisors and principals to be dropouts, and the attendance supervisors and principals must supply this information to the Wil Lou Gray Opportunity School. For purposes of this section, a 'dropout' is a pupil who leaves school for any reason, except death, before graduation or completion of a course of studies and without transferring to another school./

Renumber sections to conform.

Amend title to conform.

SECTION 20-MOTION TO RECONSIDER WITHDRAWN

The motion of Rep. CORBETT to reconsider the vote whereby Section 20 was adopted was taken up.

Rep. CORBETT, with unanimous consent, withdrew the motion to reconsider.

SECTION 21-MOTION TO RECONSIDER WITHDRAWN

The motion of Rep. CORBETT to reconsider the vote whereby Section 21 was adopted was taken up.

Rep. CORBETT, with unanimous consent, withdrew the motion to reconsider.

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

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

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Corning                Davenport              Elliott
Faber                  Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Gentry                 Clover
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Keyserling
Kirsh                  Kohn                   Lanford
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Stoddard               Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, J.
Winstead               Wofford                Wright

Total--111

Those who voted in the negative are:

Total--0

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

S. 321-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 321 be read the third time tomorrow.

Rep. BLACKWELL moved that the House recede until 2:00 P.M.

Rep. SIMPSON moved that the House do now adjourn, which was adopted by a division vote of 63 to 45.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4099 -- Reps. Washington, McBride, Faber, K. Bailey, Blanding, J. Brown, Fant, Ferguson, Foster, Glover, Gordon, D. Martin, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION DECLARING THURSDAY, MAY 25, 1989, AS "DRUG ABUSE AWARENESS DAY" AND ENCOURAGING ALL SOUTH CAROLINIANS TO JOIN THE FIGHT AGAINST DRUGS.

H. 4102 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING, DR. RAY A. LANGSTON OF CLARENDON COUNTY ON BECOMING PRESIDENT OF THE SOUTH CAROLINA DENTAL ASSOCIATION AND EXTENDING BEST WISHES FOR A SUCCESSFUL TENURE.

H. 4103 -- Rep. Wright: A CONCURRENT RESOLUTION TO DESIGNATE TUESDAY, MAY 30, 1989, AS "PAT WENDLING DAY" AND TO COMMEND HER FOR HER OUTSTANDING LEADERSHIP AND ACTIVE INVOLVEMENT IN THE "JUST SAY NO" CAMPAIGN AGAINST ALCOHOL AND DRUG ABUSE.

H. 4104 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL RIFLE TEAM FOR BEING CHOSEN THE 1989 NATIONAL RIFLE ASSOCIATION NATIONAL HIGH SCHOOL SMALLBORE RIFLE CHAMPION AND CONGRATULATING TEAM CAPTAIN JON MARCY FOR BEING SELECTED THE NATIONAL JROTC INDIVIDUAL SMALLBORE RIFLE CHAMPION FOR THE SECOND YEAR IN A ROW.

H. 4108 -- Rep. Rhoad: A CONCURRENT RESOLUTION RECOGNIZING MR. BOBBY FRIERSON OF DENMARK, BAMBERG COUNTY, FOR HIS OUTSTANDING EFFORTS AND ACCOMPLISHMENTS AS THE PILOT IN THE 1973 EVENT IN WHICH THE WORLD'S RECORD FOR THE NUMBER OF PARACHUTE JUMPS FROM A PLANE IN A TWENTY-FOUR-HOUR PERIOD WAS BROKEN AND WAS COMMEMORATED IN 1989 BY THE "ANNIVERSARY PARACHUTE JUMP".

ADJOURNMENT

At 12:13 P.M. the House in accordance with the motion of Rep. RAMA adjourned in memory of retired Navy Captain Samuel O. Jones, Jr. of Mt. Pleasant, to meet at 10:00 A.M. tomorrow.


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