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

WEDNESDAY, FEBRUARY 8, 1989

Wednesday, February 8, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Almighty God and Father, as we face the awaiting responsibilities of this day, may we move forward with courage, confidence and composure knowing that You are the constant Companion of those who claim Your presence. Make us tolerate nothing within our lives which, if multiplied, would harm our great State. Teach us to know that our beloved South Carolina will be no better than its citizens and no stronger than those in whom it puts its trust. Knowing our weakness, may we accept Your strength. And with Your blessings upon us, we need not fear decisions, or hesitate to move forward. So use us, guide us and move through us that we may be an ever increasing part in making the American dream come true.

We pray in Jesus Name. Amen.

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

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

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 7, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 0969)

House of Representatives

Dear Mrs. McKinney:

The South Carolina Wildlife & Marine Resources Department is hereby temporarily withdrawing Regulation No. 123.153, Document #969, pertaining to trawling requirements for the protection of sea turtles, in State waters. These regulations have been referred to Agriculture and Natural Resources.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

February 7, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1039E)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 7, 1989 regulations concerning Water Classifications and Standards and Classified Waters from the S.C. Department of Health and Environmental Control.

They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3355 -- Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.

Ordered for consideration tomorrow.

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

H. 3317 -- Reps. Beasley, R. Brown, Haskins, Huff, Farr, Littlejohn, Vaughn and McEachin: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1989, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA AND TO ENCOURAGE THE PEOPLE OF THIS STATE TO EXERCISE THEIR RIGHTS OF FREE ACCESS TO INFORMATION AND TO USE THE RESOURCES AVAILABLE THROUGH THE LIBRARIES OF SOUTH CAROLINA.

Ordered for consideration tomorrow.

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

S. 221 -- Judiciary Committee: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO ADD A PROVISION REQUIRING A SERVICE CHARGE PAYABLE BY THE DRAWER OF A DRAFT, CHECK, OR OTHER WRITTEN ORDER TO THE PAYEE OF THE INSTRUMENT WHEN IT IS PRESENTED FOR PAYMENT IN WHOLE OR IN PART OF ANY DEBT EXISTING AT THAT TIME.

Ordered for consideration tomorrow.

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

H. 3099 -- Rep. Hayes: A BILL TO AMEND SECTION 38-53-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURRENDER OF A DEFENDANT WHEN THE SURETY HOLDING THE BOND WISHES TO REMOVE THE BOND, SO AS TO PROVIDE FOR A HEARING BEFORE A JUDICIAL OFFICER BEFORE THE DEFENDANT'S RECOMMITMENT TO CUSTODY.

Ordered for consideration tomorrow.

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

H. 3040 -- Reps. Wilkins, Huff and Nettles: A BILL TO AMEND SECTIONS 17-24-10 AND 17-24-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INSANITY, SO AS TO PROVIDE THAT IT IS AN AFFIRMATIVE DEFENSE WHICH THE DEFENDANT HAS THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE; AND TO AMEND SECTION 17-24-20, AS AMENDED, RELATING TO A VERDICT OF GUILTY BUT MENTALLY ILL, SO AS TO FURTHER PROVIDE FOR THE BURDEN OF PROOF IN THESE CASES.

Ordered for consideration tomorrow.

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

H. 3078 -- Rep. Wilder: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF OFFENSES AND PENALTIES FOR PERSONS DRAWING AND UTTERING A FRAUDULENT CHECK OR OTHER INSTRUMENT, SO AS TO INCREASE THE JURISDICTION OF MAGISTRATES TO HEAR VIOLATIONS OF CHAPTER 11 OF TITLE 34 FROM TWO HUNDRED TO FIVE HUNDRED DOLLARS; TO INCREASE THE PENALTY FOR THE VIOLATIONS; AND TO MAKE CORRESPONDING ADJUSTMENTS IN THE JURISDICTION OF THE COURT OF GENERAL SESSIONS TO TRY THESE VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 3306 -- Rep. Mappus: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO WILL BE SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY.

Ordered for consideration tomorrow.

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

H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.

Ordered for consideration tomorrow.

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

H. 3265 -- Rep. Boan: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.

Ordered for consideration tomorrow.

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

H. 3138 -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.

Ordered for consideration tomorrow.

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

H. 3189 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Klapman: A BILL TO AMEND SECTION 40-79-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF BURGLAR ALARM SYSTEM BUSINESSES OF A NONRESIDENT WHO HOLDS A VALID LICENSE OF THE SAME TYPE FROM ANOTHER STATE, SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO A NONRESIDENT UNLESS HIS STATE OF PRINCIPAL RESIDENCE ALSO PERMITS SIMILAR LICENSING OF RESIDENTS OF THIS STATE.

Ordered for consideration tomorrow.

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

H. 3264 -- Reps. McLellan and Kirsh: A BILL TO AMEND ACT 1377 OF 1968, RELATING TO STATE CAPITAL IMPROVEMENT BONDS, SECTION 57-11-350 OF THE 1976 CODE, RELATING TO STATE HIGHWAY BONDS, SECTION 59-71-500, RELATING TO STATE SCHOOL BONDS, AND SECTION 59-107-130, RELATING TO STATE INSTITUTIONAL BONDS, SO AS TO PROVIDE THAT THE STATE TREASURER AS WELL AS THE GOVERNOR MAY SIGN THESE OBLIGATIONS BY A FACSIMILE OF HIS SIGNATURE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3444 -- Reps. Hearn, Hayes and Fair: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO CONDUCT A SPECIAL STUDY TO DETERMINE THE PROGRAM EFFECTIVENESS OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 337 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell. W. Smith, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND MAJOR GENERAL JAMES A. GRIMSLEY, JR., PRESIDENT OF THE CITADEL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE INSTITUTION UPON THE OCCASION OF HIS UPCOMING RETIREMENT, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3445 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE THAT WHEN AN UNINSURED MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT IT MUST BE TOWED BY A TOWING SERVICE AND STORED UNTIL THE OWNER FURNISHES PROOF OF FINANCIAL RESPONSIBILITY AND TO PROVIDE FOR DISPOSITION OF THE VEHICLE IF IT IS NOT REDEEMED.

Referred to Committee on Education and Public Works.

H. 3446 -- Reps. Hearn, Hayes and Fair: A BILL TO AMEND SECTION 56-1-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON CONVICTED OF A FIRST OFFENSE DUI VIOLATION BEING ALLOWED TO OBTAIN A PROVISIONAL DRIVER'S LICENSE UPON COMPLETION OF AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM, SO AS TO PROVIDE THAT THE DOCUMENTATION FROM THIS PROGRAM NECESSARY FOR THE PERSON TO OBTAIN A PROVISIONAL LICENSE MUST NOT BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNTIL SIXTY DAYS AFTER HIS CONVICTION.

Referred to Committee on Education and Public Works.

H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

Referred to Committee on Labor, Commerce and Industry.

H. 3449 -- Reps. Gregory, Kirsh, Harwell, Wilkins, Short, McLellan, Blanding, McTeer, M.O. Alexander, Wofford, Ferguson, Baxley, Beasley, J. Rogers and McGinnis: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

Referred to Committee on Labor, Commerce and Industry.

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.

Referred to Committee on Education and Public Works.

H. 3452 -- Reps. Harvin, T. Rogers, McBride, Snow, Mappus, Rama, Hallman, Wilkes, Corning, Kohn, White, Keegan, McKay, Haskins, Farr, Phillips, Barfield and Neilson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.

Referred to Committee on Judiciary.

H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.

Referred to Committee on Agriculture and Natural Resources.

H. 3454 -- Reps. Fair, Wright, Huff, J.C. Johnson, Hayes, Quinn, Beasley, Lockemy and McCain: A BILL TO MAKE IT UNLAWFUL TO ABORT A VIABLE FETUS EXCEPT TO PRESERVE THE LIFE OR HEALTH OF THE MOTHER, TO REQUIRE A PHYSICIAN, BEFORE PERFORMING AN ABORTION ON A WOMAN HE HAS REASON TO BELIEVE IS CARRYING A FETUS OF TWENTY OR MORE WEEKS GESTATIONAL AGE TO FIRST DETERMINE IF THE FETUS IS VIABLE AND TO ESTABLISH THE STANDARD OF CARE IN MAKING THE DETERMINATION, TO REQUIRE A PHYSICIAN TO SO CERTIFY AND CERTIFY THE MEDICAL INDICATIONS FOR THE ABORTION, TO REQUIRE A PHYSICIAN PERFORMING AN ABORTION OF A VIABLE FETUS TO USE; THE METHOD MOST LIKELY TO PRESERVE THE LIFE AND HEALTH OF THE FETUS, TO REQUIRE THE PHYSICIAN INTENTIONALLY PERFORMING AN ABORTION OF A VIABLE FETUS TO CERTIFY IN WRITING THE AVAILABLE ABORTION METHODS CONSIDERED AND THE REASONS FOR CHOOSING THE METHOD EMPLOYED, TO REQUIRE THE PRESENCE OF A SECOND PHYSICIAN DURING SUCH ABORTIONS, TO PROVIDE EXCEPTIONS FOR THE NECESSITY OF THE SECOND PHYSICIAN, TO PRESCRIBE THE STANDARD OF CARE, TO PRESCRIBE THE STATUS OF A CHILD BORN ALIVE AS A RESULT OF AN ABORTION, TO PROVIDE A PENALTY FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, LISTING OFFENSES CLASSIFIED AS FELONIES, SO AS TO ADD TO THE LIST THE OFFENSE ESTABLISHED BY THIS ACT.

Referred to Committee on Judiciary.

H. 3455 -- Rep. Hayes: A BILL TO AMEND SECTION 38-77-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUEST FOR ARBITRATION AND THE PROCESS BY WHICH ARBITRATION IS INITIATED UNDER THE PROVISIONS OF ARTICLE 7, CHAPTER 77, TITLE 38, SO AS TO PROVIDE THAT A DEFENDANT RECEIVING A SUMMONS UNDER THE PROVISIONS OF THIS SECTION MAY REFUSE TO ARBITRATE AND PROVIDE THAT IF THE DEFENDANT REFUSES TO ARBITRATE THE PLAINTIFF SHALL BRING THE ACTION IN THE COURT OF COMMON PLEAS, OR ANY INFERIOR COURT HAVING CONCURRENT JURISDICTION; AND TO AMEND SECTION 38-77-770, RELATING TO THE RIGHT TO APPEAL AN ARBITRATION DECISION, SO AS TO DELETE THE REQUIREMENT THAT AN APPEAL MUST BE A TRIAL DE NOVO AND REQUIRE THE APPEAL TO BE TO THE CIRCUIT COURT AND CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF RULES 74 AND 75 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Referred to Committee on Judiciary.

H. 3456 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-55 SO AS TO PROVIDE A PROCEDURE FOR HOLDING, ADVERTISING, AND RETURNING A PISTOL TO THE PERSON WHO FOUND AND TURNED THE PISTOL IN TO A LAW ENFORCEMENT AGENCY.

Referred to Committee on Judiciary.

H. 3457 -- Reps. J. Rogers, Keegan, G. Brown, Winstead, Washington, Huff, White, Farr, R. Brown, Waldrop, Chamblee, K. Bailey, Snow, J. Bailey, Glover, D. Williams, Keyserling, Barber, Sharpe, Nesbitt and Keesley: A BILL TO AMEND CHAPTER 25 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHERS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR SABBATICAL LEAVES FOR TEACHERS AND TO REVISE THE NUMBER OF YEARS OF CREDITABLE SERVICE A TEACHER MUST HAVE INCLUDING TEACHERS TAKING SABBATICAL LEAVE TO QUALIFY FOR FULL RETIREMENT UNDER THE STATE RETIREMENT SYSTEM.

Referred to Committee on Education and Public Works.

H. 3458 -- Reps. J. Rogers and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-205 SO AS TO PROVIDE THAT HEALTH INSURANCE POLICIES MAY NOT DISCRIMINATE AGAINST CHIROPRACTIC TREATMENT WITHIN THE SCOPE OF PRACTICE OF A LICENSED CHIROPRACTOR, TO PROHIBIT LIMITATIONS OR RESTRICTIONS ON PAYMENT UNDER THESE POLICIES TO CHIROPRACTORS EXCEPT WHERE THE RESTRICTIONS APPLY EQUALLY TO PHYSICIANS AND SURGEONS, TO PROHIBIT ANY REQUIREMENT FOR EXAMINATION OR REFERRAL BY A PHYSICIAN AS A CONDITION PRECEDENT FOR PAYMENT OR REIMBURSEMENT UNDER A HEALTH INSURANCE POLICY FOR CHIROPRACTIC TREATMENT, AND TO DEFINE POLICY OF INSURANCE FOR PURPOSES OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3459 -- Reps. J. Rogers and Washington: A BILL TO AMEND SECTION 4-29-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL REVENUE PROJECTS VALUED AT EIGHTY-FIVE MILLION DOLLARS OR MORE WHICH ARE FINANCED BY INDUSTRIAL REVENUE BONDS, SO AS TO PROVIDE THAT A FEE IN LIEU OF TAXES EQUAL TO THE AMOUNT OF THE TAX ON THE UNDEVELOPED PROPERTY IS REQUIRED FOR YEARS BEFORE THE COMPLETION OF THE PROJECT, TO PROVIDE AN ADDITIONAL ELEMENT IN THE CALCULATION OF THE FEE BY USING AN APPLICABLE MILLAGE RATE THAT INCREASES OR DECREASES IN STEP WITH THE ACTUAL MILLAGE RATE WHERE THE PROJECT IS LOCATED, TO PROVIDE THAT THE RESULTS OF THE DETERMINATION OF MINIMUM PAYMENTS FOR AFFECTED SCHOOL DISTRICTS MUST BE DIRECTLY FORESEEABLE, TO PROVIDE THAT CALCULATION OF THE FEE IN LIEU OF TAXES MAY NOT INCLUDE THE EXEMPTION ALLOWED FOR CORPORATE HEADQUARTERS FACILITIES, TO PROVIDE A FIVE-YEAR PERIOD FOR A PROJECT TO MEET THE MINIMUM INVESTMENT REQUIREMENTS, TO PROVIDE FOR A FEE IN LIEU OF TAXES PLUS INTEREST WHEN A PROJECT FAILS TO MEET THE MINIMUM INVESTMENT REQUIREMENT IN A TIMELY MANNER, TO PROVIDE THE DISCOUNT RATE THAT MUST BE USED TO DETERMINE NET PRESENT VALUE FOR PURPOSES OF CALCULATING THE FEE IN LIEU OF TAXES, AND TO PROVIDE THAT FEES RECEIVED BY SCHOOL DISTRICTS UNDER NONADJUSTING FEE FORMULAS ARE NOT CONSIDERED LOCAL REVENUE FOR PURPOSES OF COMPUTING MINIMUM EFFORT REQUIREMENTS.

Referred to Committee on Ways and Means.

H. 3460 -- Reps. Waites and T. Rogers: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO DELETE THE PROHIBITION AGAINST TAKING FINGERPRINTS OF A CHILD WITHOUT AN ORDER FROM THE FAMILY COURT.

Referred to Committee on Judiciary.

H. 3461 -- Reps. Baker and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.

Referred to Committee on Judiciary.

S. 200 -- Senator Land: A BILL TO AMEND SECTION 56-5-5150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY DEVICES WHEN VEHICLES ARE TOWED, SO AS TO EXEMPT FARM WAGONS, TRAILERS, AND OTHER IMPLEMENTS OF HUSBANDRY.

Referred to Committee on Education and Public Works.

S. 33 -- Senator Waddell: A BILL TO AMEND SECTION 1-11-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL PROPERTY TRANSACTIONS OF GOVERNMENTAL BODIES OF THE STATE, SO AS TO PROVIDE FOR THE FILING OF A CERTIFICATE OF APPROVAL WITH THE DEED AND TO REQUIRE GIFTS OF PERSONAL PROPERTY TO BE ACCOMPANIED BY AN ACKNOWLEDGMENT OF ACCEPTANCE.

Referred to Committee on Judiciary.

S. 213 -- Senator Williams: A BILL TO REPEAL SECTION 14-17-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN RECORDS AND REPORTS REQUIRED OF THE CLERK OF THE GENERAL SESSIONS COURT.

Referred to Committee on Judiciary.

S. 67 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

Referred to Committee on Labor, Commerce and Industry.

S. 298 -- Judiciary Committee: A BILL TO AMEND SECTION 38-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR JUDICIAL REVIEW OF ORDERS OR DECISIONS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT APPEALS FROM THESE ORDERS OR DECISIONS MUST BE HEARD IN THE COURT OF COMMON PLEAS OF RICHLAND COUNTY BUT MAY BE BROUGHT IN ANY COUNTY.

Referred to Committee on Labor, Commerce and Industry.

S. 303 -- Agriculture and Natural Resources Committee: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

Referred to Committee on Agriculture and Natural Resources.

S. 305 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO PROVIDE THAT AN ASSESSMENT FOR ERADICATION FUNDS MUST BE IMPOSED ON COMMERCIAL COTTON GROWERS INSTEAD OF ON COMMERCIAL APPLICATORS.

Referred to Committee on Agriculture and Natural Resources.

S. 310 -- Senators Holland, Moore, Wilson and Mitchell: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT HE SHALL REMOVE FROM THE ROSTER OF QUALIFIED VOTERS THE NAMES OF PERSONS WHO HAVE NOT VOTED IN THE LAST TWO GENERAL ELECTIONS IN WHICH PRESIDENTIAL ELECTIONS WERE HELD INSTEAD OF THE LAST TWO GENERAL ELECTIONS AND IN ELECTIONS BETWEEN THE TWO ELECTIONS.

Referred to Committee on Judiciary.

ROLL CALL

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

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.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Corning
Davenport              Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Kohn                   Koon                   Lanford
Littlejohn             Lockemy                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                Snow
Stoddard               Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 8, 1989.

Bill Cork                         Tom Limehouse
Lucille Whipper                   M. Washington, Jr.
Paul Derrick
Total Present-122

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. HUFF signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, January 31, 1989.

DOCTOR OF THE DAY

Announcement was made that Dr. Jack Leary of Greenwood is the Doctor of the Day for the General Assembly.

S. 194--ADOPTED AND RETURNED TO THE SENATE

The following Concurrent Resolution was taken up.

S. 194 -- Senators Moore and McLeod: A CONCURRENT RESOLUTION TO INVITE THE COMMISSION ON THE FUTURE OF SOUTH CAROLINA TO PRESENT ITS FINAL REPORT TO THE GENERAL ASSEMBLY IN JOINT SESSION AT TWELVE O'CLOCK NOON ON WEDNESDAY, FEBRUARY 22, 1989.

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

That the Commission on the Future of South Carolina is invited to present its final report to the General Assembly in joint session in the Hall of the House of Representatives at twelve o'clock noon on Wednesday, February 22, 1989.

Be it further resolved that a copy of this resolution be forwarded to the Commission on the Future of South Carolina.

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

H. 3342-DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, J. Brown, McBride, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.

Rep. T. ROGERS moved to adjourn debate upon the Resolution until Wednesday, February 15, which was adopted.

S. 271-DEBATE ADJOURNED

Rep. BURCH moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.

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.

ORDERED TO THIRD READING

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

H. 3072 -- Rep. Burch: A BILL TO AMEND SECTION 7-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO COMBINE THE CENTER GROVE AND WINZO PRECINCTS INTO CENTER GROVE-WINZO AND THE DUDLEY AND MANGUM PRECINCTS INTO THE DUDLEY-MANGUM PRECINCT.

H. 3426 -- Rep. White: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO, AMONG OTHER THINGS, CHANGE THE DESIGNATION OF THE CHIEF ADMINISTRATIVE OFFICER TO SUPERINTENDENT OF EDUCATION.

H. 3433 -- Rep. Wright: A BILL To AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO INCREASE THE AMOUNT OF MONEY WHICH MAY BE BORROWED, TO INCREASE THE TAX MILLAGE WHICH MAY BE LEVIED, AND TO PROVIDE THAT THE BOARD SHALL SELECT AND EMPLOY ALL FULL-TIME AND VOLUNTEER PERSONNEL.

H. 3072-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BURCH, with unanimous consent, it was ordered that H. 3072 be read the third time tomorrow.

H. 3426--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 3426 be read the third time tomorrow.

H. 3433-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3433 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield: A BILL TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER'S STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.

H. 3387 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3392 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO ANNUAL LICENSE RENEWAL FEE AND DISPLAY OF ANNUAL RENEWAL CERTIFICATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3052--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.

Rep. WASHINGTON proposed the following Amendment No. 4 (Doc. No. 1454U), which was adopted.

Amend the bill, as and if amended, in Section 12-21-3320 of the 1976 Code by adding a new item (18) to the section to read:

/(18) 'Building' means a structure surrounded by exterior walls./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. WASHINGTON proposed the following Amendment No. 5 (Doc. No. 1457U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, by inserting a new section 12-21-3465 immediately following Section 12-21-3460 of the 1976 Code to read:

/Section 12-21-3465. Only one nonprofit organization may operate or cause the operation of bingo per building. This section applies to all buildings regardless of ownership, of primary use, or of original use./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. WASHINGTON proposed the following Amendment No. 6 (Doc. No. 1459U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, by adding a new Section 12-21-3475 immediately following Section 12-21-3470 of the 1976 Code to read:

/Section 12-21-3475. No license, as provided by this chapter, may be issued to any organization or individual that has not been domiciled in South Carolina for at least three years immediately preceding the license application./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. WASHINGTON proposed the following Amendment No. 7 (Doc. No. 1461U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, by striking Section 12-21-3390 of the 1976 Code, as contained on page 7 and inserting:

/Section 12-21-3390. For each licensee that the promoter manages, operates, or conducts bingo, the promoter must purchase a promoter's license as provided for in Section 12-21-3350. No promoter is permitted more than ten licenses. This license must be prominently displayed at the location where bingo is conducted./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. BEASLEY, HUFF, HAYES and HASKINS proposed the following Amendment No. 8 (Doc. No. 1664U).

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

/SECTION 1. Title 52 of the 1976 Code is amended by adding:

"CHAPTER 18
Regulation of Bingo Games

Section 52-18-10. As used in this chapter:

( 1) "Ball" means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card.

( 2) "Cage" means a device, whether operated manually or by air blower, in which bingo balls are placed prior to commencement of the bingo game.

( 3) "Caller" means the house representative who is responsible for drawing bingo balls and announcing to the players the result of each drawing.

( 4) "Card" means a printed design on which there are arranged five horizontal rows and five vertical volumes forming twenty-five squares. Numbers are printed in twenty-four of the squares and the term "free", "free square", or "free space" is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word "B-I-N-G-O". Each square in the "B" column contains a number from one through fifteen inclusive; each square in the "I" column contains a number from sixteen through thirty inclusive. Each square in the "N" column contains a number from thirty-one through forty-five inclusive; except for the center space which is marked as free. Each square in the "G" column contains a number from forty-six through sixty inclusive; and each square in the "O" column contains a number from sixty-one through seventy-five inclusive. No number may appear twice on the same card.

( 5) "Drawing" means the indiscriminate selection of a single ball from the cage.

( 6) "Game" means the course of play from the calling of the first number that is allowed to be covered until a winner is declared for that particular set of numbers called.

( 7) "House" means the charitable, religious, or fraternal organization exempt from federal income taxation which conducts the bingo game.

( 8) "Marker" means the chip, disk, kernel of corn, or other object placed upon a square on a card to indicate that the number in the square has been drawn.

( 9) "Master board" means the receptacle used by the house to display balls which are drawn during the bingo game.

(10) "Player" means one who participates in a game of bingo other than as an agent or representative of the house.

(11) "Session" means any consecutive series of bingo games within a twenty-four-hour period.

Section 52-18-20. The game of bingo, when conducted by charitable, religious or fraternal organizations exempt from federal income taxation and which have been in continuous existence in the county of operation of the bingo game for at least one year or when conducted at recognized annual state and county fairs, is not a lottery when:

(1) the charitable, religious, or fraternal organization which conducts the game maintains a valid bingo certificate issued by the Secretary of State;

(2) the charitable, religious, or fraternal organization conducting the game has completed the application as described in Section 52-18-30;

(3) the recognized annual state or county fair which conducts the game has procured an annual bingo certificate from the Secretary of State which shall contain the names of the officers and locations of the fair, and must be based upon proof that the fair is recognized by the governing body of the county in which it is held or in the case of the state fair by the South Carolina Agricultural and Mechanical Society.

Section 52-18-30. A bingo certificate must be issued by the Secretary of State upon receipt of the following:

(1) a completed application and fee of one hundred dollars on a form to be provided by the Secretary of State. Each application and renewal application must contain the following information:

(a) the name and address of the applicant and if the applicant is a corporation, association, or other similar entity, the name and home address of each of the officers of the organization as well as the name and address of the directors or other persons similarly situated in the organization;

(b) the name and home address of each of the members of the special committee established to operate the bingo game;

(c) a copy of the application for recognition of exemptions and a determination letter from the Internal Revenue Service that indicates that the organization is an exempt organization due specifically to its status as a charitable, religious, or fraternal organization;

(d) the location at which the applicant will conduct the bingo games. If the premises are leased, a copy of the lease or rental agreement;

(e) a sworn statement by an officer of the applicant that the profits derived from the game of bingo must be used for charitable, religious, or fraternal purposes of the organization;

(f) the name and address of any individual, partnership, corporation, association, or other public or private organization with which the exempt organization has contracted to conduct bingo games on behalf of the bingo organization. If this entity is a partnership, corporation, association, or other public or private organization, the name and home address of each of the partners or officers of the organization as well as the name and address of the directors or other persons similarly situated in the organization must be provided.

Section 52-18-40. (A) An exempt organization must have a member of the organization familiar with the operation of bingo present on the premises at all times when bingo is being played. This member is responsible for the receiving, reporting, and depositing of all revenues received. The exempt organization may pay no more than one responsible member for conducting its bingo game. This pay must be on an hourly basis only for the time bingo is actually being played and may not exceed four times the existing minimum hourly wage in this State. The member paid under this provision must be a member in good standing of the exempt organization for at least one year and may not be the lessor of the property used for the bingo game or an employee or agent of the lessor. No other person who is a member of the exempt organization may be compensated for conducting a bingo game from funds derived from any activities occurring in or simultaneously with the playing of bingo, including funds derived from sessions. An exempt organization may contract with any individual, partnership, corporation, association, or any other public or private organization of any character for the purpose of conducting a bingo game.

(B) Except as provided in subsection (C), an exempt organization may hold a bingo game only in or on property owned, either legally or equitably and the buildings must be of a permanent nature with approved plumbing for bathrooms and not movable or of a temporary nature, or leased by the organization from the owner or bona fide property management agent. The total monthly rental of this property may not exceed the fair market value of similar properties in the area for a period of not less than one year and actually occupied and used by that organization on a regular basis for purposes other than bingo for at least six months before the game. All equipment used by the exempt organization conducting the bingo game must be owned by the organization. Unless the exempt organization leases the property in accordance with this subsection, an exempt organization may conduct a bingo game only on property that is exempt from property taxes under the laws of this State or which is not subject to property taxes under the laws of this State.

(C) An exempt organization desiring to conduct an annual or semi-annual bingo game may apply to the Secretary of State for a single occasion permit. The Secretary of State shall require the information specified for application for a regular license. The application must be made to the Secretary of State on prescribed forms at least sixty days prior to the scheduled date of the bingo game. Any licensed exempt organization may donate or loan its equipment or use of is premises to an exempt organization which has secured a single occasion permit provided such arrangement is disclosed in the single occasion permit application and is approved by the Secretary of State.

Section 52-18-50. (A) No licensee shall lease, rent, sell, lend, or exchange in any manner to any other person, persons, organization, corporation, or other entity its license to conduct bingo games issued as provided by law.

(B) No licensee shall employ or cause to be employed in the operation or conduct of the games of bingo any person or persons who have been convicted of a violation of any state or federal statute relating to gambling or gaming or any crime involving moral turpitude.

Section 52-18-60. The Tax Commission shall, upon proper showing, revoke the license of any licensee who conducts his bingo operation or games in violation of any provision of this chapter. Revocations of licenses for a first violation are for one calendar year and revocations for any subsequent violations are permanent.

Section 52-18-70. The organization of bingo games is the direct responsibility of, and controlled by, a special committee selected by the governing body of the exempt organization in the manner provided by the rules of the organization.

Section 52-18-80. The game of bingo must be played in the following manner:

(1) Bingo is played by more than one player and a caller who is associated with the house. Each player pays an amount certain for each card to be played during the course of a game. A player may play more than one card during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept any additional payment or consideration by the player in order to complete the specified number of games.

(2) Before each game begins, the caller shall announce to the players a configuration or configurations that will win the game. A configuration consists of covering a number of grids in some geometrical design such as, but not limited to, a line, square, or the four corners of the card.

(3) At the beginning of each game, the caller also shall announce the prize that will be awarded to the winner. After the prize has been announced and the game has commenced, the prize may not be diminished or altered. The prize must be awarded to the winner of that game without delay. However, any prize which is accumulated or carried forward as the prize for winning a special game must be awarded to a winning player within twenty weeks of the date the prize is first offered. In the case of multiple winners, the prize must be equally divided among the winners. No more than two cumulative jackpots may be offered during a session. Jackpots must be totally disbursed within a twenty-session period. Cumulative jackpots may not exceed five hundred dollars.

(4) The caller shall draw numbers from the cage one at a time. As each number is selected, it is announced to the players. If a player has a card with the called number on it, he may use a marker to cover the square which contains the number. After the number is announced, it will be indicated on the masterboard by the caller.

(5) When a player covers sufficient squares on a card to achieve the winning configuration, he may indicate this fact to the caller. The caller must require that the player's card be checked against the masterboard in the presence of the other players to determine if the squares were covered accurately. If it is determined by the caller that the player has accurately covered the squares and achieved the preannounced configuration, the player is declared the winner. If it is determined that the player has not accurately covered the squares and achieved the preannounced configuration, play shall continue in that game.

Section 52-18-90. The number of sessions of bingo conducted or sponsored by an exempt organization must be limited to two sessions a week or any seven-day period and these sessions may not exceed a period of five hours for each session. No two sessions of bingo may be held within a forty-eight-hour period of time. No more than two sessions of bingo may be operated or conducted in any one building, hall, or structure during any one calendar week and if two sessions are held they must be held by the same exempt organization. However, a recognized annual, state, or county fair which has obtained the requisite certificate from the Secretary of State is exempt from this provision.

Section 52-18-100. In addition to the manner of play prescribed in Section 52-18-80, the following procedures apply to the conduct of the game:

( 1) Prior to the commencement of the first game, all seventy-five balls must be openly displayed on the masterboard for the inspection of the players.

( 2) Only one set of seventy-five balls and only one masterboard are allowed in the room or area during the play of the game.

( 3) Only one bet or payment is to be paid per card.

( 4) No bets or payments are to be made while a game is in progress, except the sale of cards for subsequent games.

( 5) Prior to the start of play, the caller shall announce to all players the prize to be awarded for that game.

( 6) The house is required to identify the games for which a card may be used before purchase of the card.

( 7) Prior to the start of play, the caller shall announce to all players the winning configuration of covered squares for that particular game.

( 8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares.

( 9) Balls must be randomly selected by an indiscriminate process.

(10) Only one number may be called at a time.

(11) All balls drawn must remain on the masterboard until the conclusion of the game.

(12) (a) When an organization conducts a weekly game, all jackpot prizes are to be awarded within twenty weeks after the date they were first offered.

(b) For all other games conducted, and at all fairs, the offered prize is to be awarded to a player at the conclusion of each game.

(13) All cards used in a game shall sell for an equal value.

(14) The playing of bingo is restricted to the premises designated with the Secretary of State by the sponsor organization.

Section 52-18-110. The maximum prize in cash or merchandise that may be offered or paid for any one game of bingo is five hundred dollars. The maximum amount of prizes in cash or merchandise, or both, that may be paid to any one player at any one session is one thousand five hundred dollars. However, in a calendar week, the maximum amount of prizes in cash or merchandise, or both, that may be won by any one player in any one session is two thousand five hundred dollars.

Section 52-18-120. The playing of any game of bingo for a wager other than as provided for in the provisions of this chapter is considered a lottery subject to the provisions of Chapter 19 of Title 16.

Section 52-18-130. (A) Every person licensed to conduct the game of bingo in this State shall file with the Secretary of State and the South Carolina Tax Commission a notarized monthly report. The report shall be prepared on a form approved by the commission and shall include the following information for the time period involved:

(1) the number of bingo games conducted or sponsored by the exempt organization;

(2) the location and date at which each bingo game was conducted and the prize awarded;

(3) the gross receipts of each bingo game;

(4) the cost or amount of any prize given at each bingo game;

(5) the amount paid in prizes at each session;

(6) the names and addresses of winners of any prizes;

(7) the net return to the exempt organization;

(8) the disbursements from the separate account and the purpose of those disbursements including the date of each transaction and the name and address of each payee;

(9) the amounts paid as compensation to any individual, partnership, corporation, association, or other public or private organization of any character for conducting a bingo game for the exempt organization.

(B) All books, papers, records, and documents relevant to determining whether an organization has acted or is complying with this section must be open to inspection by local law enforcement agencies, the solicitor, the Secretary of State of their designees, or the South Carolina Tax Commission at reasonable times and during reasonable hours.

(C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must have his license suspended for a period of at least two years.

(D) Any report filed under the provisions of this section is a public record.

Section 52-18-140. No person may have a financial interest in, be employed by, or in any way participate in the operation of any bingo game if that person has been convicted of any crime or offense defined and regulated under Title 16."

SECTION 2. Sections 12-21-2580 through 12-21-2600 of the 1976 Code are amended to read:

"Section 12-21-2580. For the purpose of Sections 12-21-2590 through 12-21-2620, the definitions as defined in Sections 52-17-10 et seq. Section 52-18-10 shall apply applies.

Section 12-21-2590. It is unlawful for any person or organization to conduct the game of bingo where prizes of cash or merchandise of value are awarded without first obtaining an annual license as provided in this section to conduct the games. This license is in addition to any other license required by law. No person or organization may be issued a license that does not meet the qualifications as set forth in Section 52-17-10 et seq. Chapter 18 of Title 52. No license may be issued unless the person or organization is in compliance with all county or municipal ordinances in regard to bingo. The license must be obtained from the South Carolina Tax Commission in accordance with the following schedule:

(1) Any person or organization operating a bingo game with prizes in excess of thirty thousand dollars a session must obtain an annual Class AA license at the cost of four thousand dollars a year. The holder of a Class AA license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed two hundred fifty thousand dollars.

(2) Any person or organization operating a bingo game with prizes in excess of six thousand dollars a session but not greater than thirty thousand dollars a session must obtain an annual Class A license at the cost of two thousand five hundred dollars a year. The holder of a Class A license shall not conduct more than one bingo session a month and may not offer prizes in cash or other merchandise during any session which exceed thirty thousand dollars.

(3) Any person or organization operating a game of bingo, whose prizes do not exceed six thousand dollars a session and no more than one thousand dollars a session, may be offered in the form of a jackpot, and all regular games prizes do not exceed one hundred fifty dollars shall obtain an annual Class B license from the South Carolina Tax Commission at the cost of one thousand dollars a year. The holder of a Class B license is restricted to a maximum of three sessions a week.

(1)Any person or organization operating a bingo game with maximum prizes of more than those provided for a Class B license, and in compliance with the provisions of Section 52-18-110, must obtain a Class A license at a cost of five hundred dollars a year.

(4)(2) Any person or organization operating a game of bingo and who offers merchandise prizes or cash prizes of twenty dollars or less a game, and no more than three hundred dollars a session may be offered in the form of a jackpot, must obtain a Class C B license from the South Carolina Tax Commission at no cost.

(5)(3) Any person or organization desirous of conducting the game of bingo at a recognized state or county fair which offers a prize of no more than fifty dollars in merchandise must obtain a temporary Class D C license from the South Carolina Tax Commission at a cost of one hundred dollars for a period not in excess of ten days, or two hundred dollars for a period in excess of ten days.

(6) Any organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer unpaid basis and whose gross bingo proceeds do not exceed five thousand five hundred dollars a month, and where prizes do not exceed four thousand dollars a session and no more than one thousand dollars a session is offered in the form of a jackpot and all regular bingo prizes do not exceed one hundred dollars, shall obtain an annual Class E license from the South Carolina Tax Commission at the cost of five hundred dollars a year. The holder of a Class E license is restricted to a maximum of one session a week. If the gross bingo proceeds for any month do exceed five thousand five hundred dollars, the person or organization within ten days is required to obtain a Class B license from the South Carolina Tax Commission and thereafter must comply with all requirements of a Class B license.

In addition to the qualifications listed in Section 52-17-10 st seq., no license may be issued to any charitable, religious, or fraternal organization that has not been domiciled in South Carolina for at least three years. Any organization may apply for any of the types of licenses but cannot hold more than one license at any one time. Once issued, the organization must function under the regulations of that license for a period of not less than one year, except Class D licenses, from the date of issuance.

Section 12-21-2600. (A) The holder if a Class AA license is required to charge an admissions tax of eight dollars a bingo player a session.

(B) The holder of a Class A license is required to charge an admissions tax of four dollars a bingo player a session.

(C) The holder of a Class B license is required to charge an admissions tax of two dollars a bingo player a session.

The holder of a bingo license issued pursuant to the provisions of Section 12-21-2590 shall remit a bingo tax of four percent of gross proceeds.

The holder of Class AA, Class A, and Class B licenses the license shall issue to each bingo player a special ticket and these tickets must be approved by the South Carolina Tax Commission. The tickets must clearly state the amount of admissions tax paid. The holder of Class D and Class E licenses are subject to the admissions tax as imposed in Section 12-21-2420."

SECTION 3. Chapter 17, Title 52 and Sections 12-21-2610 and 12-21-2630 of the 1976 Code are repealed.

SECTION 4. This act takes effect July 1, 1989./

Amend title to conform.

Rep. HUFF explained the amendment.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Amendment No. 8 to H. 3052 was out of order as it was not germane to the Bill, as the amendment dealt with a different Code Title than the Bill.

The SPEAKER overruled the Point of Order.

Rep. HUFF continued speaking.

Rep. HUFF explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. BEASLEY spoke in favor of the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 49; Nays 59

Those who voted in the affirmative are:

Alexander, T.          Altman                 Bailey, J.
Bailey, K.             Barber                 Bennett
Blanding               Boan                   Burch
Carnell                Derrick                Elliott
Foster                 Gordon                 Gregory
Harris, J.             Harris, P.             Harwell
Holt                   Johnson, J.W.          Kay
Keyserling             Kirsh                  Lockemy
Mappus                 McAbee                 McCain
McEachin               McLellan               McTeer
Moss                   Nesbitt                Nettles
Phillips               Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Short                  Simpson                Snow
Townsend               Tucker                 Waldrop
Washington             Whipper                White
Williams, D.

Total-49

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Baker
Barfield               Baxley                 Beasley
Blackwell              Brown, G.              Brown, H.
Brown, R.              Bruce                  Burriss, M.D.
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Davenport              Fair                   Fant
Ferguson               Gentry                 Glover
Hallman                Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Keegan                 Keesley
Kohn                   Koon                   Lanford
Limehouse              Littlejohn             Manly
Martin, L.             Mattos                 McElveen
McGinnis               McKay                  McLeod
Neilson                Quinn                  Rama
Sheheen                Vaughn                 Waites
Wells                  Wilder                 Winstead
Wofford                Wright

Total-59

So, the House refused to table the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 8.

STATEMENT BY REP. McLEOD

Rep. McLEOD, with unanimous consent, made a statement relative to GSX.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 3054--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Bill until Thursday, February 9, which was adopted.

H. 3054 -- Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.

H. 3124-AMENDED
AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3124 -- Reps. Keyserling, Sheheen and Huff: A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, AS AMENDED, RELATING TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, SO AS TO DELETE THE REQUIREMENT THAT THE GOVERNOR OR HIS DESIGNEE SERVE AS CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE CHAIRMAN BY THE COMMITTEE'S MEMBERS AND FOR AN ANNUAL TERM OF OFFICE.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 1437U), which was adopted.

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

/SECTION 1. Section 1 of Act 202 of 1981, as last amended by Section 2 of Act 539 of 1984, is further amended to read:

"Section 1. There is established the South Carolina Nuclear Waste Consultation Committee to consult officially with the federal government concerning management and disposal in South Carolina of high-level radioactive and transuranic waste and spent nuclear fuel as provided in P.L. 97-425. This committee shall study, report, and make recommendations to the General Assembly. The committee shall consist consists of nine members and shall include includes the Governor, or his designee, who shall serve as chairman, the Speaker of the House or his House designee, two members of the House of Representatives appointed by the Speaker of the House, the President of the Senate or his Senate designee, two members of the Senate appointed by the President of the Senate, and two members to be appointed by the Governor. The Governor himself shall serve as chairman. unless he specifically declines to serve in that capacity. In that event, the chairman must be chosen by majority vote of those members present and voting, so long as there is a quorum for the conducting of business, with the term of office of chairman being one year. The members shall serve at the pleasure of their appointors, without compensation, but are allowed the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. The committee shall meet at least twice annually and at other times upon call of the chairman, upon not less than ten days' prior written notice to all committee members."/

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. KEYSERLING explained the amendment.

Rep. HASKINS moved to adjourn debate upon the Joint Resolution until Thursday, February 9.

Rep. KEYSERLING moved to table the motion.

Rep. M.D. BURRISS demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 40

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Baxley                 Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, J.              Brown, R.              Burch
Chamblee               Cooper                 Elliott
Fant                   Farr                   Felder
Ferguson               Foster                 Gentry
Glover                 Gregory                Harris, J.
Harvin                 Harwell                Hayes
Hendricks              Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keesley                Keyserling             Kirsh
Lockemy                Manly                  Martin, D.
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rhoad                  Rogers, T.             Rudnick
Sheheen                Short                  Snow
Taylor                 Townsend               Tucker
Waites                 Washington             Whipper
White                  Wilkes                 Williams, D.

Total-69

Those who voted in the negative are:

Baker                  Barfield               Blackwell
Brown, H.              Bruce                  Burriss, M.D.
Carnell                Clyborne               Cole
Corbett                Cork                   Corning
Davenport              Derrick                Fair
Hallman                Haskins                Hearn
Jaskwhich              Keegan                 Kohn
Koon                   Lanford                Littlejohn
Mappus                 Martin, L.             McAbee
McCain                 Quinn                  Rama
Sharpe                 Simpson                Vaughn
Wells                  Wilder                 Wilkins
Williams, J.           Winstead               Wofford
Wright

Total-40

So, the motion to table was agreed to.

Rep. HEARN moved to adjourn debate upon the Joint Resolution until Thursday, February 16.

Rep. SHORT moved to table the motion.

Rep. SIMPSON moved that the House do now adjourn.

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

Yeas 34; Nays 74

Those who voted in the affirmative are:

Blackwell              Brown, H.              Bruce
Burriss, M.D.          Burriss, T.M.          Cole
Cork                   Corning                Fair
Felder                 Hallman                Haskins
Hearn                  Jaskwhich              Keegan
Kohn                   Lanford                Littlejohn
Mappus                 Martin, L.             McCain
Moss                   Phillips               Quinn
Rama                   Rhoad                  Simpson
Vaughn                 Wells                  Wilder
Wilkins                Winstead               Wofford
Wright

Total-34

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Bennett
Blanding               Boan                   Brown, G.
Brown, J.              Brown, R.              Burch
Carnell                Chamblee               Clyborne
Cooper                 Corbett                Derrick
Elliott                Faber                  Fant
Farr                   Ferguson               Foster
Gentry                 Glover                 Gregory
Harris, J.             Harvin                 Harwell
Hayes                  Hendricks              Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keesley                Keyserling
Kirsh                  Koon                   Limehouse
Lockemy                Manly                  Martin, D.
McAbee                 McBride                McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Neilson
Nesbitt                Nettles                Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Snow                   Taylor
Townsend               Tucker                 Waites
Washington             Whipper                White
Wilkes                 Williams, D.

Total-74

So, the House refused to adjourn.

Rep. HEARN moved to adjourn debate upon the Joint Resolution until Wednesday, February 15.

POINT OF ORDER

Rep. McTEER raised the Point of Order that the motion to adjourn debate was out of order, even though at a different time, as there was precedence that the House cannot vote to adjourn debate more than once an hour on the same Joint Resolution.

The SPEAKER sustained the Point of Order.

Rep. HASKINS spoke against the amendment.

SPEAKER Pro Tempore IN CHAIR

Reps. SHEHEEN and HUFF spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. HUFF continued speaking.

LEAVE OF ABSENCE

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

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

Reps. HUFF and KEYSERLING proposed the following Amendment No. 2 (Doc. No. 1508U), which was adopted.

Amend the report, as and if amended, page 3124-2, by inserting before the period on line 20 /unless congressional action requires an immediate response/.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No.

To amend lines 8-12 on Page 3124-2.

Governor shall choose as the chairman a member of the House of Representatives or a member of the Senate, with the term of office being one year.

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

Rep. HASKINS proposed the following Amendment No. 4 (Doc. No. 1722U), which was tabled.

Amend the amendment, as and if amended, page 2, by striking beginning on line 16: /The chairman must be chosen by majority vote of those members present and voting, so long as there is a quorum for the conducting of business/ and inserting: /The Governor shall appoint one of the committee members who is a member of the General Assembly as chairman/.

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. SIMPSON moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 26; Nays 82

Those who voted in the affirmative are:

Baxley                 Brown, H.              Burriss, M.D.
Burriss, T.M.          Carnell                Cork
Corning                Davenport              Fair
Fant                   Glover                 Hallman
Hearn                  Kohn                   Koon
Martin, L.             McAbee                 McCain
McKay                  Quinn                  Rhoad
Simpson                Wilder                 Winstead
Wofford                Wright

Total-26

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barber
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, J.              Bruce                  Burch
Chamblee               Clyborne               Cole
Cooper                 Corbett                Derrick
Elliott                Faber                  Farr
Ferguson               Foster                 Gregory
Harris, J.             Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Lanford
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Mattos                 McBride                McEachin
McElveen               McGinnis               McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rama                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Snow                   Taylor
Townsend               Vaughn                 Waites
Washington             Wells                  Whipper
White                  Wilkes                 Williams, D.
Williams, J.

Total-82

So, the House refused to adjourn.

Rep. HASKINS continued speaking.

Rep. SHORT moved to table the amendment.

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

Yeas 70; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, J.              Brown, R.
Burch                  Chamblee               Elliott
Faber                  Fant                   Farr
Foster                 Glover                 Gregory
Harris, J.             Harvin                 Harwell
Hayes                  Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Keyserling             Kirsh                  Lockemy
Manly                  Martin, D.             Mattos
McBride                McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Snow                   Taylor                 Townsend
Waites                 Washington             Whipper
White                  Wilkes                 Williams, D.
Williams, J.

Total-70

Those who voted in the negative are:

Baker                  Brown, H.              Bruce
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Fair
Hallman                Haskins                Hearn
Jaskwhich              Keegan                 Kohn
Koon                   Lanford                Limehouse
Littlejohn             Mappus                 Martin, L.
McAbee                 McCain                 Quinn
Rama                   Simpson                Vaughn
Wells                  Wilder                 Wilkins
Winstead               Wright

Total-38

So, the amendment was tabled.

AMENDMENT NO. 3-TABLED

Debate was resumed on Amendment No. 3 by Rep. CORNING.

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

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

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

Yeas 69; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, J.              Burch
Chamblee               Cooper                 Elliott
Faber                  Fant                   Farr
Ferguson               Foster                 Gregory
Hallman                Harris, J.             Harvin
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Johnson, J.W.          Kay
Keesley                Keyserling             Kirsh
Lockemy                Manly                  Mappus
Martin, D.             Mattos                 McBride
McEachin               McElveen               McGinnis
McLellan               McLeod                 McTeer
Moss                   Nesbitt                Phillips
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Snow
Taylor                 Townsend               Waites
Washington             Whipper                White
Wilkes                 Williams, D.           Williams, J.

Total-69

Those who voted in the negative are:

Baker                  Brown, H.              Bruce
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cole                   Corbett
Cork                   Corning                Davenport
Derrick                Fair                   Haskins
Hearn                  Jaskwhich              Keegan
Kohn                   Koon                   Lanford
Limehouse              Littlejohn             Martin, L.
McAbee                 McCain                 McKay
Quinn                  Rama                   Simpson
Vaughn                 Wells                  Wilder
Wilkins                Winstead               Wofford

Total-37

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 8, 1989

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 4:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. GREGORY the invitation was accepted.

MOTION ADOPTED

Rep. GREGORY moved that upon completion of the Ratification of Acts, the House stand adjourned, which was adopted.

MOTION REJECTED

Rep. McEACHIN moved that the House recur to the morning hour, which was not agreed to.

H. 3119 DEBATE ADJOURNED

Rep. BLANDING moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.

H. 3119 -- Rep. White: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, BY ADDING SECTION 40-7-19 SO AS TO PROVIDE THAT THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER THIS CHAPTER MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE: INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.

Rep. SIMPSON moved that the House stand at ease subject to the Ratification of Acts, which was adopted.

RATIFICATION OF ACTS

At 4:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R1) S. 203 -- Senator Peeler: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS JANUARY 5 AND 6, 1989, MISSED BY BLACKSBURG PRIMARY SCHOOL STUDENTS IN CHEROKEE COUNTY WHEN THE SCHOOL WAS DAMAGED BY FIRE ARE EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.

(R2) S. 2 -- Senator Waddell: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD AND SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROCEED EXPEDITIOUSLY TO DESIGN AND CONSTRUCT A REPLACEMENT FACILITY IN LEE COUNTY FOR THE CENTRAL CORRECTIONAL INSTITUTION, TO PROVIDE THAT TWENTY-FOUR MILLION DOLLARS IN PREVIOUSLY AUTHORIZED STATE CAPITAL IMPROVEMENT BONDS MUST FIRST BE USED TO FINANCE THE PROJECT, TO PROVIDE FOR ADDITIONAL FUNDING AS MAY BE DETERMINED BY THE GENERAL ASSEMBLY, AND TO AUTHORIZE THE STATE TREASURER TO PROVIDE INTERIM FINANCING FOR NOT MORE THAN ONE YEAR, IF NECESSARY.

(R3) S. 3 -- Senators Saleeby, Holland, Land, Martin, McLeod, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.

(R4) S. 220 -- Finance Committee: AN ACT TO RATIFY AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL FUND RESERVE, SO AS TO CHANGE THE NAME OF THE GENERAL FUND RESERVE TO THE GENERAL RESERVE FUND, REDUCE FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING A SPECIAL VOTE TO ADJUST THE PERCENTAGE REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO REVIEW THE LAW ON THIS SUBJECT EVERY FIVE YEARS, PROVIDE A MECHANISM FOR RESTORING THE FUND SHOULD MONIES FROM THE FUND BE EXPENDED, REQUIRE A CAPITAL RESERVE FUND EQUAL TO TWO PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE THAT BEFORE MARCH FIRST THE CAPITAL RESERVE FUND MUST BE USED TO OFFSET MID-YEAR BUDGET REDUCTIONS BEFORE MANDATING CUTS IN OPERATING APPROPRIATIONS AND AFTER MARCH FIRST MONIES FROM THE FUND MAY BE APPROPRIATED BY A SPECIAL VOTE IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY TO FINANCE IN CASH PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS, RETIRE BOND PRINCIPAL OR INTEREST ON BONDS PREVIOUSLY ISSUED, AND FOR CAPITAL IMPROVEMENTS OR OTHER NONRECURRING PURPOSES WHICH MUST BE RANKED IN ORDER OF PRIORITY OF EXPENDITURE AND NOT BE FUNDED UNTIL THIRTY DAYS AFTER COMPLETION OF THE FISCAL YEAR AND PROVIDE THAT ANY APPROPRIATIONS OF MONIES FROM THE CAPITAL RESERVE FUND AFTER MARCH FIRST MUST BE REDUCED BASED ON THE RANK OF PRIORITY BEGINNING WITH THE LOWEST PRIORITY TO THE EXTENT NECESSARY AND APPLIED TO THE YEAR-END DEFICITS BEFORE WITHDRAWING MONIES FROM THE GENERAL RESERVE FUND AND TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND NOT APPROPRIATED OR ANY APPROPRIATION FOR A PARTICULAR PROJECT OR ITEM WHICH HAS BEEN REDUCED DUE TO APPLICATION OF THE MONIES TO YEAR-END DEFICIT MUST LAPSE AND BE CREDITED TO THE GENERAL FUND.

(R5) S. 185 -- Senator Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; AND TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER.

(R6) S. 207 -- Senator Waddell: AN ACT TO AMEND SECTION 41-44-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO REVISE THE DEFINITION OF A "START-UP BUSINESS", AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL CORPORATION AND PARTNERSHIP, SO AS TO FURTHER PROVIDE FOR THE GENERAL NATURE OF THE BUSINESS OF THE CORPORATION AND TO REVISE THE PURPOSE FOR WHICH MONIES RAISED BY THE PARTNERSHIP MAY BE USED.

(R7) S. 187 -- Senator Bryan: AN ACT TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.

(R8) H. 3204 -- Reps. M.O. Alexander, Blackwell, Baker, Fant, Fair, Mattos, Manly, Jaskwhich, Wilkins, Haskins, Clyborne and Vaughn: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND THE POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE MEADOWOOD PRECINCT.

(R9) H. 3111 - Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO THE REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS, SO AS TO PROVIDE THAT NOTHING CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL ASSEMBLY MAY PROVIDE.

(R10) H. 3118 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 13, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JOINT ADMINISTRATION OF FUNCTIONS AND THE EXERCISE OF POWERS BY COUNTIES, MUNICIPALITIES, OR OTHER POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT COUNTIES, SUBJECT TO THE GENERAL ASSEMBLY FIRST PROVIDING BY LAW FOR BONDED INDEBTEDNESS AND SCHOOL FISCAL ABILITY CONSIDERATIONS, MAY JOINTLY DEVELOP AN INDUSTRIAL OR BUSINESS PARK WITH OTHER COUNTIES WITHIN THE GEOGRAPHICAL BOUNDARIES OF ONE OR MORE OF THE MEMBER COUNTIES WHERE THE AREA COMPRISING THE PARKS AND ALL PROPERTY HAVING A SITUS THEREIN IS EXEMPT FROM ALL AD VALOREM TAXATION BECAUSE THE OWNERS OR LESSEES OF ANY PROPERTY SITUATED IN THE PARK MUST PAY AN AMOUNT EQUIVALENT TO THE PROPERTY TAXES OR OTHER IN-LIEU-OF PAYMENTS THAT WOULD HAVE BEEN DUE AND PAYABLE EXCEPT FOR THE ABOVE EXEMPTION.

(R11) H. 3260 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN ACT 658 OF 1988, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, AND TO IDENTIFY THE SOURCE OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATION.

(R12) H. 3116 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURORS, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.

(R13) H. 3115 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

(R14) H. 3112 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AMENDMENTS TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO MEMBERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS AND CONSTABLES WHO HOLD ANOTHER OFFICE.

(R15) H. 3113 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF SHERIFFS.

(R16) H. 3114 -- Reps. Sheheen and Wilkins: AN ACT TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEAR 1990 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.

(R17) H. 3338 -- Rep. L. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GRAPHIC COMMUNICATIONS, INC., IN PICKENS COUNTY.

(R18) H. 3152 -- Rep. Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-915 SO AS TO CREATE THE PLAYCARD ENVIRONMENTAL EDUCATION CENTER WILDLIFE SANCTUARY IN HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R19) H. 3325 -- Rep. Hendricks: AN ACT TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO PROVIDE FOR THREE ADDITIONAL PRECINCTS AND TO PROVIDE FOR THE POLLING PLACES FOR ALL THE PRECINCTS IN THE COUNTY.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3319 -- Reps. Rudnick, Harvin, McGinnis, Wells, Keegan, G. Bailey, Corbett, Littlejohn, Barfield, Elliott, J.C. Johnson, Bruce, Jaskwhich and J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE UPCOMING JAMIL SHRINE CIRCUS TO BE HELD ON FEBRUARY 3, 4, AND 5, 1989, AND TO THANK THE SHRINERS OF THE JAMIL TEMPLE FOR THEIR EFFORTS IN HELPING SICK AND NEEDY CHILDREN.

H. 3321 -- Reps. Washington, K. Bailey, Blanding, J. Brown, Faber, Fant, Ferguson, Foster, Glover, Gordon, D. Martin, McBride, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION TO ENCOURAGE SOUTH CAROLINIANS TO PARTICIPATE IN THE 1990 DECENNIAL CENSUS SO AS TO REAP THE BENEFITS WHICH MAY BE DERIVED FROM A COMPLETE POPULATION COUNT.

ADJOURNMENT

At 4:45 P.M. the House in accordance with the motion of Rep. GREGORY adjourned to meet at 10:00 A.M. tomorrow.


This web page was last updated on Tuesday, June 30, 2009 at 1:22 P.M.