South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, APRIL 3, 1991

Wednesday, April 3, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Make ready our minds, Lord, for every eventuality of each day. Help us to see in every telephone call, every person, every request, every occasion an opportunity to grow, to show concern and to serve. Lead us to pray and to act when needs of friends and family come before us. Keep us aware of Your presence not only in the height of joy and ecstasy, but also in the ordinary events of every day.

Thank You, heavenly Father, for Your blessings as numerous as the sands of the sea and as uncountable as the stars of the sky. 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.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders and Specialty Contractors
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted April 3, 1991
Revised Expiration Date June 18, 1991

MOTION ADOPTED

Rep. LITTLEJOHN moved that when the House adjourns it adjourn in memory of Fred "Doug" Teaster of Pacolet, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3757 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE AN ADDITIONAL PORTION OF HIGHWAY 9 IN DILLON COUNTY IN THE BOULEVARD WHICH WAS NAMED IN HONOR OF TROOPER GEORGE T. RADFORD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3758 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 22 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CARMICHAEL'S BRIDGE AND THE BRIDGE ON HIGHWAY 45 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CAMPBELL'S BRIDGE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3759 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO COMMEND THE LOWCOUNTRY RELEAF ORGANIZATION FOR ITS OUTSTANDING EFFORTS IN PLANTING TREES IN CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES WHICH COMPRISE THE TRI-COUNTY AREA OF THIS STATE.

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

CONCURRENT RESOLUTION

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

H. 3760 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO INVITE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, FROM 11:00 TO 11:30 A.M. TO PERFORM FOR THE MEMBERS OF THE GENERAL ASSEMBLY AND TO BE RECOGNIZED FOR ITS SPLENDID ACCOMPLISHMENTS.

Whereas, the Mount Pleasant High School Chorus of Mount Pleasant High School in Lee County, under the dynamic direction of Mr. Thomas Slater, is an outstanding choral organization; and

Whereas, in recognition of the talent, hard work, and dedication of the members of the chorus and their director, and on the recommendation of Mr. Larry Wyatt of the University of South Carolina School of Music, the chorus has been selected to perform at Carnegie Hall in New York City, on December 1, 1991; and

Whereas, the chorus will also perform at the Carowinds Choral Festival this year; and

Whereas, sixteen members of the chorus were selected for the All-State Chorus this year and three members performed in Europe last summer; and

Whereas, the chorus director, Mr. Thomas Slater, for his outstanding leadership, was awarded the Fannie Ivey-Annie Rubin Award of Education for Conductor's Excellence last year. Now, therefore,

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

That the members of the General Assembly invite the award winning Mount Pleasant High School Chorus, of Mount Pleasant High School in Lee County, to attend a joint session of the General Assembly in the Hall of the House of Representatives on Wednesday, May 1, 1991, from 11:00 to 11:30 a.m. to perform for the members of the General Assembly and to be recognized for its splendid accomplishments.

Be it further resolved that a copy of this resolution be forwarded to Mr. Thomas Slater, Director, Mount Pleasant High School Chorus.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3761 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT-JASPER ECONOMIC OPPORTUNITY COMMISSION ON ITS TWENTY-FIVE YEARS OF SERVICE TO THE CITIZENS OF THE LOWCOUNTRY AND COMMEND THE COMMISSION FOR ITS UNWAVERING COMMITMENT AND DEDICATION TO FIGHTING POVERTY IN OUR STATE AND IMPROVING THE LIVES OF THOUSANDS OF FAMILIES AND INDIVIDUALS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 748 -- Senators Land and Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ACT TO ASSIST DAIRY FARMERS IN OBTAINING A FAIR PRICE FOR THEIR MILK AND IN PREVENTING UNNECESSARY FINANCIAL HARDSHIPS TO THE FARMERS.

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. 838 -- Senator Land: A CONCURRENT RESOLUTION AUTHORIZING THE COMPTROLLER GENERAL TO EXCUSE COUNTY AUDITORS AND TREASURERS FROM CONTINUING EDUCATION REQUIREMENTS FOR REASONS OF RETIREMENT, LEAVING OFFICE, OR OTHER REASONABLE CAUSE.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

INTRODUCTION OF BILLS

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

H. 3762 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3763 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-135 SO AS TO AUTHORIZE A PERSON TO SELF-INSURE UNDER CERTAIN CONDITIONS IF MORE THAN TWENTY-FIVE MOTOR VEHICLES ARE REGISTERED IN THAT PERSON'S NAME; TO AMEND SECTION 56-9-352, RELATING TO EXCEPTIONS TO THE REQUIREMENT THAT SECURITY BE DEPOSITED FOLLOWING MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE EXCEPTION RELATED TO SELF-INSURERS; AND TO REPEAL SECTION 56-9-60, RELATING TO PERSONS OBTAINING CERTIFICATES OF SELF-INSURANCE FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3764 -- Reps. Koon and Klapman: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-258 FROM HIGHWAY NO. 1 TO ROAD S-255 IN LEXINGTON COUNTY AND TO TRANSFER IT TO THE TOWN OF LEXINGTON.

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

H. 3765 -- Reps. Koon and Klapman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND RECOMMEND TO THE BUDGET AND CONTROL BOARD A PROCESS TO TRAIN STATE PERSONNEL TO INSTALL, SERVICE, AND REPAIR ANY TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM USED BY THE STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 37-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

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

H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: A BILL TO AMEND JOINT RESOLUTION 385 OF 1990, RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER, SO AS TO DESIGNATE SECTION 1 OF THAT ACT AS SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE A PORTION OF THE BROAD RIVER AS A SCENIC RIVER.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

Referred to Committee on Education and Public Works.

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Cromer
Elliott, L.            Farr                   Felder
Foster                 Fulmer                 Gentry
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Houck                  Huff
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Klapman                Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McAbee                 McCain                 McCraw
McElveen               McGinnis               McLeod
McTeer                 Meacham                Phillips
Rama                   Rhoad                  Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Stoddard               Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 3.

E. Leroy Nettles                  Mike Jaskwhich
Mike Fair                         Denny Neilson
Don Beatty                        Rick Quinn
Woody McKay                       George H. Bailey
Dell Baker                        John B. Williams
John J. Snow, Jr.                 Dick Elliott
Larry Koon                        Tim Rogers
Jim Harrison                      Roland S. Corning
C. Lenoir Sturkie
Total Present--116

DOCTOR OF THE DAY

Announcement was made that Dr. Marion F. McFarland of Columbia is the Doctor of the Day for the General Assembly.

S. 597--DEBATE ADJOURNED

Rep. BURCH moved to adjourn debate upon the following Bill until Thursday, April 4, which was adopted.

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

SENT TO THE SENATE

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

H. 3738 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN THE 1990 SCHOOL YEAR BY PUBLIC SCHOOL STUDENTS IN KERSHAW COUNTY WHEN SCHOOLS WERE CLOSED DUE TO FLOODING AND IMPASSABLE ROADS ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

S. 745--DEBATE ADJOURNED

Rep. WOFFORD moved to adjourn debate upon the following Bill until Thursday, April 4, which was adopted.

S. 745 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO REVISE THE AREAS FOR BERKELEY COUNTY.

H. 3268--DEBATE ADJOURNED

Rep. WILKES moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.

ORDERED TO THIRD READING

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

H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.

Rep. T. ALEXANDER explained the Bill.

H. 3096--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Thursday, April 4, which was adopted.

H. 3096 -- Reps. Keyserling, Baxley, Boan, Corning, D. Elliott, Haskins, Jaskwhich, Keegan, Kempe, Mattos, McElveen, McTeer, Meacham, Rama, J. Rogers, T. Rogers, Rudnick, Sheheen, Waites, Wilder, Cork, Manly, Cromer, Whipper and J.W. Johnson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AMEND SECTION 16-11-700, AS AMENDED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS.

H. 3707--DEBATE ADJOURNED

Rep. WILDER moved to adjourn debate upon the following Bill until Wednesday, April 17, which was adopted.

H. 3707 -- Reps. Sharpe, Smith, Keesley, Huff, Rudnick, Gentry, Wilder, Rhoad and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 13, TITLE 51, SO AS TO CREATE THE THOROUGHBRED COUNTRY TOURISM COMMISSION.

H. 3711--OBJECTIONS

The following Bill was taken up.

H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.

Rep. RHOAD explained the Bill.

Reps. BEASLEY, KIRSH, HOLT, BAXLEY and D. MARTIN objected to the Bill.

H. 3408--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

LEAVE OF ABSENCE

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

H. 3410--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, April 4, which was adopted.

H. 3410 -- Reps. Gregory, Kirsh, Short, Wilkins, Nettles and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.

H. 3547--RECOMMITTED

The following Bill was taken up.

H. 3547 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-27-185 SO AS TO PROVIDE THAT UPON RECORDATION, FINAL SUBDIVISION PLAN ROADWAYS SUPERSEDE ROADS THAT WERE ON A PREVIOUSLY RECORDED PLAT OR DEED.

Rep. ROSS moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

H. 3589--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.

Reps. T.C. ALEXANDER, J. BAILEY, WHIPPER, NEILSON, G. BROWN, BURRISS, L. MARTIN, M.O. ALEXANDER and CATO proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7407.BD), which was rejected.

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

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

/Section 38-77-175.     (A)     When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B)     The completed and verified form must be returned by the operator or owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured and Sections 56-10-240 and 56-10-245 apply.

(C)     No person knowingly may provide or assist another to present false or misleading information in the completed and verified form. The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly provided false and misleading information to the department. A person who knowingly provides or assists another to present false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(D)     This section only applies to the owner or operator of a motor vehicle registered under the laws of South Carolina."

SECTION     2.     The 1976 Code is amended by adding:

"Section 56-7-12.     (A)     When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to complete to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B)     The completed and verified form must be returned by the operator or owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured and Sections 56-10-240 and 56-10-245 apply.

(C)     No person knowingly may provide or assist another to present false or misleading information in the completed and verified form. The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly provided false and misleading information to the department. A person who knowingly provides or assists another to present false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(D)     This section only applies to the owner or operator of a motor vehicle registered under the laws of South Carolina."

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

Amend title to conform.

Rep. J. BAILEY explained the amendment.

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

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

Yeas 44; Nays 54

Those who voted in the affirmative are:

Bailey, K.             Beasley                Brown, G.
Brown, H.              Brown, J.              Cole
Corning                Elliott, L.            Felder
Foster                 Glover                 Gonzales
Gregory                Harris, P.             Harwell
Haskins                Houck                  Huff
Jaskwhich              Jennings               Keesley
Kinon                  Kirsh                  Martin, D.
McCraw                 McGinnis               McKay
McLeod                 McTeer                 Nettles
Rudnick                Scott                  Sheheen
Stoddard               Tucker                 Vaughn
Waldrop                Whipper                White
Williams, D.           Wofford                Wright
Young, A.              Young, R.

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Burch
Carnell                Cato                   Chamblee
Clyborne               Corbett                Cork
Cromer                 Fair                   Farr
Fulmer                 Gentry                 Hallman
Harris, J.             Harvin                 Hayes
Hendricks              Hodges                 Holt
Johnson, J.W.          Keegan                 Kempe
Keyserling             Klapman                Koon
Manly                  Marchbanks             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 Meacham                Neilson
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Sharpe
Shirley                Smith                  Snow
Wells                  Wilkes                 Wilkins

Total--54

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 41 to 50.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

SPECIAL ORDERS INSISTED UPON

Rep. WILKINS insisted upon the Special Orders of the day.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 3, 1991

Mr. Speaker and Members of the House:

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

Very respectfully,
President

On motion of Rep. WILKINS, the invitation was accepted.

MOTION ADOPTED

Rep. ROGERS moved that upon completion of the Joint Assembly, that the House recede until 2:00 P.M., which was agreed to.

H. 3743--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3743 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; TO PROVIDE PENALTIES; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES.

Rep. SHEHEEN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\436\11555.DW), which was adopted by order of the CHAIR.

Amend the bill, as and if amended, by striking Section 8-14-1110 in its entirety, page 31, lines 18 through 25, and inserting:

/Section 8-14-1110.     (A)     The legislative members of the state boards and commissions listed below are deleted in the following code sections:

(1)     South Carolina Research Authority, Section 13-17-10 et seq.;

(2)     Board of Visitors of The Citadel, Sec. 59-121-10 et seq.;
(3) Educational Television Commission, Sec. 59-7-10 et seq.;
(4) Francis Marion College Board, Sec. 59-133-10 et seq.;

(5) Higher Education Tuition Grants Commission, Sec. 59-113-10 et seq.;
(6) Lander College Board, Sec. 59-135-10 et seq.;
(7) Medical University of South Carolina Board, Sec. 59-123-10 et seq.;
(8) South Carolina State College Board, Sec. 59-127-10 et seq.;
(9) University of South Carolina Board, Sec. 59-117-10 et seq.;
(10) Winthrop College Board, Sec. 59-125-10 et seq.;
(11) Commission on Aging, Sec. 43-21-10 et seq.;
(12) State Housing Finance and Development Authority, Sec. 31-3-110 et seq.;
(13) State Human Affairs Commission, Sec. 1-13-10 et seq.;
(14) Criminal Justice Hall of Fame, Sec. 23-25-10 et seq.;
(15) Department of Agriculture, Sec. 46-39-10 et seq.;
(16) Coastal Council, Sec. 48-39-10 et seq.;

(17) Forestry Commission, Sec. 48-23-10 et seq.;
(18) Jobs-Economic Development Authority, Sec. 41-43-10 et seq.;
(19) Old Exchange Building Commission, Sec. 51-19-10 et seq.;
(20) Migratory Waterfowl Committee, Sec. 50-11-20 et seq.;
(21) Water Resources Commission, Sec. 49-3-10 et seq.;
(22) Wildlife and Marine Resources Department, Sec. 50-3-10 et seq.;
(23) Department of Consumer Affairs, Sec. 37-1-101 et seq.;
(24) Liquified Petroleum Gas Board, Sec. 39-43-20 et seq.;
(25) State Board of Pyrotechnic Safety, Sec. 40-56-10 et seq.;
(26) Aeronautics Commission, Sec. 55-5-30 et seq.;
(27) Department of Highways and Public Transportation, Sec. 56-1-10 et seq.;

(28) Judicial Council, Sec. 14-27-10 et seq.;
(29) Commission on Appellate Defense, Sec. 17-4-10 et seq.;
(30) Sentencing Guidelines Commission, Sec. 24-26-10 et seq.;
(31) Procurement Review Panel, Sec. 11-35-4410 et seq.;
(32) Basic Skills Advisory Commission, Sec. 59-30-10 et seq.;

(33) Council on the Holocaust, Sec. 1-29-10 et seq.;
(34) Public/Private Child Care Council, Sec. 20-7-5810 et seq.;
(35) Council on Maternal, Infant and Child Health, Sec. 20-7-5410 et seq.;
(36) Continuum of Care for Emotionally Disturbed Children, Sec. 20-7-5620 et seq.;
(37) Education Council, Sec. 59-11-20 et seq.;
(38) State Advisory Council on Erosion and Sediment Reduction, Sec. 48-18-10 et seq.;
(39) Interagency Council on Public Transportation, Sec. 57-3-1020 et seq.;
(40) Mining Council, Sec. 48-21-20 et seq.;
(41) Tobacco Advisory Commission, Sec. 46-32-10 et seq.;
(42) Heritage Trust Advisory Board, Sec. 51-17-10 et seq.;
(43) Voluntary Apprenticeship Council, Sec. 41-21-20 et seq.;
(44) Long Term Care Council, Sec. 43-21-130 et seq.;
(45) Business- Education Partnership for Excellence in Education, Sec. 59-6-15 et seq.;
(46) Clemson University Board, Sec. 46-7-10 et seq.;
(47) Interagency Coordinating Council for Infants and Toddlers with Handicapping Conditions, Sec. 44-7-2510 et seq.;
(48) Water Resources Coordinating Council, Sec. 11-37-200 et seq.;
(49) Guardian ad Litem Program Advisory Board, Sec. 20-7-128 et seq.;

(50) Land Resources Conservation Commission, Sec. 48-9-230 et seq. and Sec. 2-71-10 et seq.;

(51) Board of Trustees of Special School of Science and Mathematics, Sec. 59-48-10 et seq.; and

(52) Board of Trustees of College of Charleston, Sec. 59-130-10 et seq.

(B) The provisions of this section do not apply to the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, Legislative Audit Council, Legislative Council, the Reorganization Commission, or a joint legislative committee./

Amend title to read:

/A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION, DELETE THE LEGISLATIVE MEMBERS OF THE STATE BOARDS AND COMMISSIONS REFERENCED IN SECTIONS 13-17-10 ET SEQ., 59-121-10 ET SEQ., 59-7-10 ET SEQ., 59-133-10 ET SEQ., 59-113-10 ET SEQ., 59-135-10 ET SEQ., 59-123-10 ET SEQ., 59-127-10 ET SEQ., 59-117-10 ET SEQ., 59-125-10 ET SEQ., 43-21-10 ET SEQ., 31-3-110 ET SEQ., 1-13-10 ET SEQ., 23-25-10 ET SEQ., 46-39-10 ET SEQ., 48-39-10 ET SEQ., 48-23-10 ET SEQ., 41-43-10 ET SEQ., 51-19-10 ET SEQ., 50-11-20 ET SEQ., 49-3-10 ET SEQ., 50-3-10 ET SEQ., 37-1-101 ET SEQ., 39-43-20 ET SEQ., 40-56-10 ET SEQ., 55-5-30 ET SEQ., 56-1-10 ET SEQ., 14-27-10 ET SEQ., 17-4-10 ET SEQ., 24-26-10 ET SEQ., 11-35-4410 ET SEQ., 59-30-10 ET SEQ., 1-29-10 ET SEQ., 20-7-5810 ET SEQ., 20-7-5410 ET SEQ., 20-7-5620 ET SEQ., 59-11-20 ET SEQ., 48-18-10 ET SEQ., 57-3-1020 ET SEQ., 48-21-20 ET SEQ., 46-32-10 ET SEQ., 51-17-10 ET SEQ., 41-21-20 ET SEQ., 43-21-130 ET SEQ., 59-6-15 ET SEQ., 46-7-10 ET SEQ., 44-7-2510 ET SEQ., 11-37-200 ET SEQ., 20-7-128 ET SEQ., 48-9-230 ET SEQ., 2-71-10 ET SEQ., 59-48-10 ET SEQ., AND 59-130-10 ET SEQ.; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES./

Rep. KIRSH proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\436\11467.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-20, page 7, by inserting immediately after line 3:

/(27)     'Procurement' means that term as defined in Section 11-35-310(22)./

Renumber items to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\436\11468.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-210(C), page 8, line 22, by inserting after /Assembly./ /The commission must adopt a policy concerning the attendance of its members at commission meetings./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\436\11469.DW), which was tabled.

Amend the bill, as and if amended, in Section 8-14-220(B), Page 9, lines 24 through 26, by striking /unless the commission, by majority vote, requires the opinion to remain confidential/.

Amend title to conform.

Rep. KIRSH explained the amendment

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

Rep. KIRSH proposed the following Amendment No. 46 (Doc Name L:\Council\Legis\Amend\436\11470.DW), which was tabled.

Amend the bill, as and if amended, in Section 8-14-270, page 11, line 24, by inserting after /commission,/ /in public meeting,/.

Amend title to conform.

Rep. KIRSH explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\436\11471.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-380, page 15, line 22, by inserting after /disbursed/ /in an itemized accounting/.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\436\11472.DW), which was tabled.

Amend the bill, as and if amended, in Section 8-14-540(A), page 16, lines 40 and 41, by striking /or in executive session if the House of Senate chooses,/.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. HAYES moved to table the amendment, which was agreed to by a division vote of 53 to 26.

Rep. KIRSH proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\436\11473.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-710(B), page 18, line 19, by inserting after /commission/ /at its cost/.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 50 (Doc Name L:\council\legis\amend\436\11474.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-1640, page 42, line 30, by striking /two hundred/ and inserting /fifty/.

Amend further in Section 8-14-1870, page 47, line 7, by striking /two hundred/ and inserting /fifty/.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. McABEE and RHOAD proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\DKA\3295.AC), which was tabled.

Amend the bill, as and if amended, Section 8-14-1110 of Article 9, as contained in SECTION 1, page 31, by striking in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 65 to 26.

RECORD FOR JOURNAL

I voted to table Amendment #51 which was a division vote. I support the Bill which prohibits members of the General Assembly from serving on state boards and commission.

Rep. CANDY WAITES

RECORD FOR JOURNAL

I voted to table Amendment #51 on division vote because I believe that members should not serve in these agencies or on these boards.

Rep. J.L. MANN CROMER

POINT OF ORDER

Rep. McABEE raised the Point of Order that Section 8-14-1110 on page 31 of the Bill was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER stated that Rule 5.3 dealt with the Appropriations Bill and germaneness and he overruled the Point of Order.

Rep. CROMER proposed the following Amendment No. 52 (Doc Name L:\council\legis\amend\CYY\18440.SD), which was tabled.

Amend the bill, as and if amended, in Section 8-14-1320, by striking /one hundred/ on line 18 of page 32 and inserting /five/ and by striking /twenty-five/ on line 20 of page 32 and inserting /one/.

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. CORBETT moved to table the amendment.

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

Yeas 61; Nays 43

Those who voted in the affirmative are:

Bailey, K.             Baker                  Baxley
Beasley                Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Cato                   Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Fair                   Farr
Felder                 Fulmer                 Gentry
Gonzales               Hallman                Harris, J.
Harris, P.             Haskins                Hayes
Hendricks              Hodges                 Jaskwhich
Johnson, J.W.          Keegan                 Keesley
Kinon                  Klapman                Koon
Marchbanks             Martin, L.             McCain
McCraw                 McKay                  McTeer
Meacham                Nettles                Phillips
Quinn                  Rama                   Sharpe
Smith                  Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Wells                  Wilder                 Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Beatty                 Bennett                Brown, J.
Carnell                Chamblee               Cromer
Elliott, L.            Foster                 Glover
Gregory                Harvin                 Holt
Houck                  Jennings               Johnson, J.C.
Kempe                  Keyserling             Kirsh
Manly                  Martin, D.             Martin, M.
Mattos                 McElveen               McGinnis
McLeod                 Neilson                Rogers
Ross                   Rudnick                Scott
Sheheen                Shirley                Snow
Waites                 Whipper                Wilkes
Williams, D.

Total--43

So, the amendment was tabled.

Rep. CROMER proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\CYY\18441.SD), which was tabled.

Amend the bill, as and if amended, in Section 8-14-1310 of the 1976 Code by striking /two/ on line 8 of page 32 and inserting /one/ and by striking /five thousand/ on line 9 of page 32 and inserting /two hundred fifty/.

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. WILKINS moved to table the amendment.

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

Yeas 67; Nays 32

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Baxley                 Beasley                Brown, H.
Burch                  Carnell                Cato
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Elliott, L.            Fair                   Farr
Felder                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Huff                   Jaskwhich              Jennings
Johnson, J.W.          Keegan                 Keesley
Kinon                  Klapman                Koon
Lanford                Marchbanks             Martin, D.
Martin, L.             McCain                 McCraw
McGinnis               McKay                  McTeer
Meacham                Phillips               Rama
Rhoad                  Ross                   Sharpe
Smith                  Stoddard               Sturkie
Tucker                 Vaughn                 Wells
Whipper                Wilder                 Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--67

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Bailey, K.             Barber                 Beatty
Bennett                Brown, G.              Brown, J.
Chamblee               Cromer                 Foster
Harvin                 Houck                  Johnson, J.C.
Kempe                  Keyserling             Kirsh
Manly                  Mattos                 McElveen
Neilson                Rogers                 Rudnick
Scott                  Sheheen                Shirley
Snow                   Townsend               Waites
Wilkes                 Williams, D.

Total--32

So, the amendment was tabled.

Rep. CROMER proposed the following Amendment No. 54 (Doc Name L:\council\legis\amend\CYY\18439.SD), which was tabled.

Amend the bill, as and if amended, in Section 8-14-510 of the 1976 Code by striking /six/ as contained on line 34 of page 15 and inserting /seven/; and by inserting after /appropriate/ on line 40 of page 15 the following /, and one member of each committee must be a member serving his first term of office in the General Assembly/.

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. GENTRY moved to table the amendment.

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

The amendment was then tabled by a division vote of 76 to 17.

Rep. CROMER proposed the following Amendment No. 55 (Doc Name L:\council\legis\amend\CYY\18442.SD), which was tabled.

Amend the bill, as and if amended, in Section 8-14-1510(D) of the 1976 Code which begins on line 11 of page 35 by striking the first sentence of the subsection and inserting: /At least fifteen days before a primary election and a general election, a certified campaign report must be filed showing contributions and expenditures to or by the candidate for the period ending twenty days before the election and must contain a current list of all contributions during the twenty day period before the election, which must be open to public inspection upon request./

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 65; Nays 30

Those who voted in the affirmative are:

Altman                 Bailey, G.             Bailey, K.
Baker                  Baxley                 Bennett
Brown, H.              Bruce                  Burch
Carnell                Cato                   Clyborne
Cole                   Cooper                 Cork
Elliott, L.            Farr                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Harwell                Haskins                Hayes
Hendricks              Holt                   Houck
Huff                   Jaskwhich              Johnson, J.W.
Keesley                Kinon                  Klapman
Koon                   Lanford                Marchbanks
Martin, D.             Martin, L.             Martin, M.
McAbee                 McCain                 McCraw
McGinnis               McKay                  McLeod
Neilson                Nettles                Phillips
Rama                   Rhoad                  Ross
Sharpe                 Snow                   Stoddard
Sturkie                Tucker                 Vaughn
Wells                  Whipper                Wilkins
Wofford                Young, R.

Total--65

Those who voted in the negative are:

Alexander, M.O.        Bailey, J.             Barber
Beasley                Brown, J.              Corbett
Cromer                 Fair                   Harvin
Jennings               Johnson, J.C.          Keegan
Kempe                  Keyserling             Kirsh
Manly                  Mattos                 Meacham
Quinn                  Rogers                 Rudnick
Scott                  Sheheen                Shirley
Smith                  Townsend               Waites
Wilkes                 Williams, D.           Young, A.

Total--30

So, the amendment was tabled.

Reps. HAYES and WILKINS proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\436\11532.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-1310(1), page 32, line 1, by inserting after /dollars/ /for an election/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. J. HARRIS proposed the following Amendment No. 57 (Doc Name L:\council\legis\amend\436\11531.DW).

Amend the bill, as and if amended, in Section 8-14-20, page 6, lines 21 through 27, by striking item (22) and inserting:

/(22)     'Lobbyist principal' means a person on whose behalf a lobbyist influences or attempts to influence legislation and includes a person that belongs to an organization or association which employs a lobbyist. Lobbyist principal does not include an employee, officer, or shareholder of a person when the employee, officer, or shareholder is conducting his personal business./

Amend title to conform.

Rep. J. HARRIS explained the amendment.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No 57, Rep. J. HARRIS having the floor.

RATIFICATION OF ACTS

At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R38) S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R39) S. 717 -- Senator Pope: AN ACT TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.

(R40) S. 639 -- Fish, Game & Forestry Committee: AN ACT TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

(R41) S. 231 -- Senator Pope: AN ACT TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED; AND TO AMEND SECTION 42-7-65, RELATING TO THE AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO ADD VOLUNTEER DEPUTY SHERIFFS TO THE COVERAGE OF THIS SECTION, PROVIDE THAT FOR THIS GROUP THE TOTAL AVERAGE WEEKLY WAGE IS THIRTY-SEVEN AND ONE-HALF PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR, PROVIDE THAT A VOLUNTEER DEPUTY SHERIFF IS A VOLUNTEER WHOSE MEMBERSHIP IS CERTIFIED BY THE SHERIFF TO THE GOVERNING BODY OF THE COUNTY, PROHIBIT THE INCLUSION OF VOLUNTEER DEPUTY SHERIFFS UNDER THE PROVISIONS OF TITLE 42 UNLESS APPROVED BY THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY, AND PROVIDE THAT THE AVERAGE WEEKLY WAGE FOR COUNTY PRISONERS IS FORTY DOLLARS A WEEK.

(R42) S. 574 -- Senators McGill and Hinds: AN ACT TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

(R43) H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

(R44) H. 3641 -- Rep. Harvin: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

(R45) H. 3700 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.

(R46) H. 3369 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT.

(R47) H. 3178 -- Reps. Chamblee and Cooper: AN ACT TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

THE HOUSE RESUMES

At 11:55 A.M. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

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

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

PRESENTATION OF SOUTH CAROLINA FOLK
HERITAGE AWARD WINNERS

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

H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The South Carolina Folk Heritage Award Winners and distinguished party were escorted to the rostrum by Senators Courson, Land, Matthews, Hayes and Passailaigue and Reps. J. HARRIS, McGINNIS, ROSS and HALLMAN.

Lt. Governor Theodore made the following opening remarks:

"Members of this Joint Session of the General Assembly, ladies and gentlemen, fellow South Carolinians... Today, we have the pleasure of honoring a very special group, the true folk artists of South Carolina. We are here to thank them for their extraordinary achievements of keeping alive a rare and endangered form of art in our State that is rooted basically in the ethnic and traditional culture of the great State of South Carolina. Here in South Carolina we are very fortunate to have more true folk artists than most states in the nation. And the South Carolina General Assembly is pleased to demonstrate our appreciation to these special artists each year by having this Joint Session of the General Assembly and to welcome them and their special guests. We thank the Joint Committee on Cultural Affairs and the McKissick Museum for working together each year to make this event possible and now I would like to introduce to you the Honorable Robert Sheheen, Speaker of the House, who will present the winners of our 1991 Folk Heritage Awards."

SPEAKER SHEHEEN made the following remarks:

"Members of the Joint Assembly and distinguished guests... In 1986, the Folk Heritage Award was created by the South Carolina General Assembly to recognize lifetime achievements in this State for traditional folk art. Every year since then we have, in a Joint Assembly, convened to recognize those winners. The winners are chosen each year by an advisory committee and I call your attention to the last page of your program so that you will know who made the judgements and who picked the winners. The folk artists that we honor today have all enriched the cultural life and heritage of South Carolina in a very unique and meaningful way. We hope that with our encouragement and support, they will continue to protect and perpetuate their skills so that they will not be lost in future generations of South Carolinians. I want to introduce to you today the winners by a brief description of the particular skill of that individual or the group. The first of this year's winners is Mr. J.D. Benson. Before the era of radio and television, rural communities created their own entertainment through musical skill and creative invention. One musical instrument available to almost everyone was the harmonica or the 'mouth harp.' Traveling shows popularized the harmonica, which found its way into the pocket of many an aspiring young musician. Almost anyone could pick out a tune on the mouth harp, but the truly virtuoso player could evoke splendid images of rural life, using the harmonica to punctuate stories or imitate a passing train or fox hunt. J.D. Benson of Seneca, South Carolina, is one of the few traditional mouth harp players remaining in South Carolina who can successfully weave together such innovative elements to create a spellbinding narrative. Mr. Benson's harmonica displays the entire range of its repertoire, from hymns and inspirational songs that he composes himself, to playful showstoppers. Mr. Benson continues to give his talent unselfishly to his community. He performs almost daily at hospitals, nursing homes and senior citizens centers throughout Oconee County. Our congratulations to Mr. J.D. Benson, the first winner of the Folk Heritage Award for this year, 1991. Mrs. Keyserling will present the award to Mr. Benson. Please be recognized. Before we leave, but not yet, after the awards, Mr. Benson will perform for us. Mr. Joe Cumbee is the second winner of the Folk Heritage Award this year. His career encompasses an entire era of South Carolina's maritime history. As a child in McClellanville, he stood on wooden boxes to learn how to steer his stepfather's tug boat. For 65 years, Mr. Cumbee piloted many boats of historical importance, including the 'Geneva Moore,' the last sloop to haul rice up and down the coast of South Carolina. During his free time, Mr. Cumbee began to draw and paint pictures of local ships, houses and wildlife for amusement. Mr. Cumbee used any material available for his paintings, from discarded house panels to his wife's bedsheets. Over the years, he compiled a body of untutored artistic work that provides a priceless documentation of South Carolina's coastal heritage. Mr. Cumbee is well-known and beloved in his home community for his work. We are pleased to bring him to the attention of the entire State for his contribution to folk heritage and to art in South Carolina. Mr. Cumbee, congratulations. Our third winner today is Mr. Billy Henson from Lyman, South Carolina. In the early 1800's, potters working in the old Edgefield District of South Carolina invented a new type of pottery through a fertile interchange of European, Asian and African ideas. Edgefield pottery had a rich alkaline glaze, ranging from light lime to dark green, that originated in China. The potters used technology from Europe to turn and fire their wares. African-American potters introduced new forms and playful elements such as the face jug. From Edgefield, the new creation spread throughout South Carolina and beyond. By a strange irony, South Carolina's native creation has continued to flourish in neighboring states, while virtually disappearing here. Billy Henson, the grandson of a traditional South Carolina potter, is working to revive the state's heritage of folk pottery. Consulting with other traditional potters in the region, Mr. Henson reconstructed his grandfather's pottery shop, with its wood-burning groundhog kiln, foot-powered kick wheel and water-powered glass beater. His kiln firings have quickly become a community event and Mr. Henson's skill as a potter is already gaining him a national reputation. For his services in reclaiming a significant portion of our state's heritage, we honor him today. Mr. Billy Henson, our third winner from Lyman, South Carolina. Welcome him. Our fourth winner today is really a group of winners, the Malloy Family Singers. South Carolina's African-American community has created a monument to faith and endurance through the eloquent testimony of its musical traditions. This heritage of song traces a history of transformation from adversity and pain into triumph and joy. The tradition of African-American religious music has been fluid and inspired, rooted in the Christian spirituals and shouts of the slavery era, developing into the close unaccompanied harmonies of early gospel, to the intricate performances of today's mass choir and gospel group. South Carolina is fortunate beyond measure in the richness and diversity of its religious music. The Malloy Family Singers of Chesterfield County have performed unaccompanied gospel music for more than 20 years. Their repertoire ranges from the older Jubilee style of gospel to the contemporary hymns of the African Methodist Episcopal Church. The Malloy Family Singers have contributed immeasurably to the life of Chesterfield County through their countless performances at community functions. They have brought their music to choir anniversaries throughout the State and region. Their musical faith reflects and maintains the vitality of African-American gospel music in South Carolina. Our fourth winner, the Malloy Family Singers from Chesterfield County. They always tell me on my part of the program that if I want to ask the performing winners to perform that they are ready to do that because they know that I am always going to ask them to perform. It is one of the highlights of the year to recognize these folks. I am going to call on them to do that."

SPEAKER SHEHEEN then recognized Mr. J.D. Benson and the Malloy Family Singers, who performed for the Joint Session.

Upon the conclusion of the presentation, the S.C. Folk Heritage Award Winners and their escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

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

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVES OF ABSENCE

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

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 3, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 623:
S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 3743--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 57, Rep. J. HARRIS having the floor.

H. 3743 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ENACT THE ETHICS AND ACCOUNTABILITY IN GOVERNMENT ACT WITH PROVISIONS TO REVISE LOBBYING DEFINITIONS, PRACTICES, AND REPORTING, CAMPAIGN, EXPENDITURE, AND CONTRIBUTION PRACTICES AND REPORTING, RULES OF CONDUCT, FINANCIAL DISCLOSURE, AND THE COMPOSITION, AUTHORITY, AND PROCEDURES OF THE STATE ETHICS COMMISSION; TO PROVIDE PENALTIES; AND TO REPEAL CHAPTER 17 OF TITLE 2 AND CHAPTER 13 OF TITLE 8 RELATING TO LOBBYISTS AND LOBBYING AND ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES.

AMENDMENT NO. 57--TABLED

Debate was resumed on Amendment No. 57 by Rep. J. HARRIS.

Rep. J. HARRIS continued speaking.

Rep. HAYES moved to table the amendment.

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

The amendment was then tabled by a division vote of 51 to 15.

RECORD FOR JOURNAL

A division vote was held on Amendment #57. I voted against the motion to table.

Rep. CANDY WAITES

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\BR1\1493.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-20(28), as contained in SECTION 2, page 7, line 11, by inserting after /office./ /However, 'public official' does not mean a member of the judiciary except that for the purposes of campaign practices and campaign disclosure, a probate judge is considered a public official and must meet the requirements of this chapter./

Amend further in Section 8-14-300(A)(1), page 13, commencing on line 2, by striking /or a member of the judiciary/.

Amend further in Section 8-14-300(A), page 13, lines 12 through 14, by striking item (3) in its entirety.

Amend further in Section 8-14-550(A), page 17, line 16, by striking /or by the Chief Justice of the Supreme Court,/.

Amend further in Section 8-14-550(B), page 17, line 27, by striking /or Chief Justice,/.

Amend further in Section 8-14-1820, page 43, line 43, by striking /;/ and inserting /./ and page 44, lines 1 through 4, by striking item (13) in its entirety.

Amend further in Section 8-14-1860(A), page 46, lines 21 through 28, by striking item (2) in its entirety.

Renumber items to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

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

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

Yeas 41; Nays 57

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Barber
Baxley                 Beatty                 Boan
Brown, G.              Brown, H.              Bruce
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Cork
Elliott, D.            Fair                   Fulmer
Hallman                Harris, P.             Haskins
Jaskwhich              Keegan                 Kirsh
Lanford                Littlejohn             Manly
Mattos                 McAbee                 McGinnis
Meacham                Neilson                Nettles
Rama                   Rudnick                Sharpe
Vaughn                 Wells                  Wofford
Wright                 Young, R.

Total--41

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Beasley
Brown, J.              Burch                  Cole
Corbett                Corning                Cromer
Elliott, L.            Farr                   Felder
Foster                 Gentry                 Glover
Gonzales               Harris, J.             Harrison
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jennings               Johnson, J.C.
Kempe                  Keyserling             Kinon
Marchbanks             Martin, D.             Martin, L.
McCain                 McCraw                 McElveen
McLeod                 McTeer                 Phillips
Rhoad                  Rogers                 Ross
Scott                  Sheheen                Smith
Snow                   Stoddard               Tucker
Waites                 Whipper                White
Wilder                 Wilkes                 Wilkins

Total--57

So, the House refused to table the amendment.

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

RECORD FOR JOURNAL

I abstained from the deliberations and votes on Amendment #63 to H. 3743 based upon the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

SPEAKER IN CHAIR

Rep. G. BROWN proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\JIC\5540.HC), which was adopted.

Amend the bill, as and if amended, page 31, by inserting immediately after line 36:

/SECTION 8-14-1130. At least once during each General Assembly, the Speaker of the House, without prior announcement, shall order a drug test for randomly-selected members of the House of Representatives. He shall choose members for testing by placing the district numbers in five groups of opaque capsules as follows:

Group 1                         Districts 1 through 24

Group 2                         Districts 25 through 49

Group 3                         Districts 50 through 74

Group 4                         Districts 75 through 100

Group 5                         Districts 101 through 124.

From each group, the Clerk of the House shall draw two capsules. Those members representing the districts selected must be tested at the time and place ordered by the Speaker when he announces the test. Expenses of the testing must be paid from approved accounts. Any member testing positive for illegal drugs may, at his request, be retested. The names of members who test positive for illegal drugs after retesting, or who test positive and who do not request a retesting, must be reported to the Clerk of the House, who shall forward the results to the Ethics Committee. Test results are confidential and may not be disclosed except as provided by rules and laws applicable in matters before the House Ethics Committee./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that Amendment No. 64 was out of order as it was not germane to the Bill.

Rep. G. BROWN argued contra the Point in stating that the Amendment dealt with an ethical issue and pertained to the conduct of the House members.

Rep. FAIR stated that the Ethics Bill was dealing with self-governance and the Amendment was an attempt at self-governance.

Rep. HASKINS stated that the title of the Bill specifically stated that the Bill was to revise practices of reporting and rules of conduct for members and that the Amendment was germane as it dealt with the rules of conduct for members of the General Assembly.

Rep. G. BROWN continued to argue contra the Point.

The SPEAKER stated that the Amendment was really in the form of a House Rule in that it only affected one Body of the General Assembly and it did not affect the Senate nor public employees and the legislation affected every elected public official.

Rep. HASKINS stated that House Rules, by precedence, regulated more than just House members. He further stated that House Rules regulated lobbyists.

The SPEAKER stated that there was no other part of the Bill that only related to members of the House.

Rep. QUINN stated that there were other provisions that were passed which affected people outside the Legislature.

The SPEAKER stated that the Bill affected all elected officials by definition whether they were hired or elected.

Rep. L. MARTIN stated that the Amendment was inartfully drawn, but that it was germane to the subject matter up for debate.

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

Rep. G. BROWN continued speaking.

Rep. HUFF moved to table the amendment.

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

Yeas 7; Nays 87

Those who voted in the affirmative are:

Barber                 Foster                 Glover
Kirsh                  McLeod                 Nettles
Ross

Total--7

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Baxley                 Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Cole                   Cooper                 Corbett
Cork                   Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Fulmer                 Gentry
Gonzales               Hallman                Harris, J.
Harris, P.             Harrison               Haskins
Hayes                  Hendricks              Hodges
Holt                   Houck                  Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
Meacham                Neilson                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Rudnick                Scott
Sharpe                 Smith                  Snow
Stoddard               Sturkie                Tucker
Vaughn                 Waites                 Wells
Whipper                Wilder                 Wilkes
Wilkins                Wofford                Young, R.

Total--87

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 92; Nays 10

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Beasley
Beatty                 Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Harrison               Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Jennings
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
Meacham                Neilson                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Smith
Snow                   Stoddard               Sturkie
Tucker                 Vaughn                 Waites
Wells                  Wilder                 Wilkes
Wilkins                Williams, J.           Wofford
Wright                 Young, R.

Total--92

Those who voted in the negative are:

Foster                 Glover                 Harwell
Houck                  Kirsh                  McLeod
Nettles                Ross                   Whipper
White

Total--10

So, the amendment was adopted.

Reps. McLEOD, WOFFORD, WRIGHT and KOON proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\BR1\1500.AC), which was tabled.

Amend the bill, as and if amended, by adding:

/Section 8-14-1130.     (A)     A member of the General Assembly licensed to practice a profession may not vote to approve an appointment to or elect a member of a state board, committee, commission, or the judiciary if the member of the General Assembly or a member of the firm with which he is associated appears professionally before the state board, committee, commission, or the courts of this State.

(B)     A member of the General Assembly licensed to practice a profession may not vote on a specific appropriation for a state board, committee, commission, or the judiciary if the member of the General Assembly or a member of the firm with which he is associated appears professionally before the state board, committee, commission, or the courts of this State; however, this does not preclude the member from voting on the appropriation bill itself./

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. HAYES moved to table the amendment.

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

The amendment was then tabled by a division vote of 65 to 25.

RECORD FOR JOURNAL

I abstained from the deliberations and vote on Amendment #65 to H. 3743 based upon the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

Reps. ROGERS, J. BAILEY, KEYSERLING, HOLT and FARR proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\BBM\9326.DW), which was tabled.

Amend the bill, as and if amended, by adding after line 25:

/Section 8-14-1075.     (A) No member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client before an agency, commission, board, department, or other entity elected, appointed, recommended, or confirmed by the General Assembly if that member has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of that entity after the effective date of this section.

(B)     No member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client before an agency, commission, board, department, or other entity elected, appointed, recommended, or confirmed by the General Assembly if the member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within two years from the date of the vote after the effective date of this section. This subsection does not prohibit a member from voting on other sections of the appropriations bills or from voting on the entire general appropriations bill as a whole.

(C)     The provisions of this section do not apply to any court in the unified judicial system.

(D)     Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply./

Amend title to conform.

Rep. ROGERS explained the amendment.

Rep. J. BAILEY spoke in favor of the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 67; Nays 37

Those who voted in the affirmative are:

Bailey, K.             Baker                  Baxley
Beasley                Bennett                Boan
Brown, G.              Brown, H.              Bruce
Burch                  Carnell                Cato
Cole                   Corbett                Cork
Elliott, L.            Felder                 Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Houck
Huff                   Jennings               Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kinon                  Klapman                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Mattos                 McCain                 McCraw
McGinnis               McTeer                 Meacham
Nettles                Rama                   Rhoad
Ross                   Rudnick                Sheheen
Short                  Smith                  Stoddard
Townsend               Tucker                 Wells
Whipper                Wilder                 Wilkins
Williams, J.           Wofford                Wright
Young, R.

Total--67

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Beatty                 Brown, J.              Chamblee
Clyborne               Cromer                 Elliott, D.
Fair                   Farr                   Glover
Harrison               Holt                   Jaskwhich
Kempe                  Keyserling             Kirsh
Koon                   Manly                  McElveen
McLeod                 Neilson                Phillips
Quinn                  Rogers                 Scott
Sharpe                 Shirley                Sturkie
Vaughn                 Waites                 Waldrop
Wilkes

Total--37

So, the amendment was tabled.

Reps. SCOTT and McELVEEN proposed the following Amendment No. 70, which was tabled.

18 One hundred thousand dollars for an election for statewide

20 Fifteen thousand a House of Representative multi-county county

Twenty-five thousand Senate

Rep. SCOTT explained the amendment.

Rep. GENTRY moved to table the amendment.

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

The amendment was then tabled by a division vote of 70 to 23.

RECORD FOR JOURNAL

A division vote was held on Amendment #70. I voted against the motion to table because I think the amount a party committee can contribute to a candidate should be reduced.

Rep. CANDY WAITES

Rep. McLEOD proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\JIC\5542.HC), which was tabled.

Amend the bill, as and if amended, page 42, by inserting immediately after line 15:

/Section 8-14-1635. (A) A campaign manager or campaign consultant paid one thousand dollars or more for his services in connection with a campaign must register with the entity where the candidate or committee paying him is required to file certified campaign reports. His registration must include his name, home and business addresses, home and business telephone numbers, the candidate or committee employing or retaining him, and a general description of the services he provides.

(B)     Every person required to register pursuant to subsection (A) of this section must also file a copy of every piece of campaign literature he distributes or prepares for distribution. The copy must be filed with the entity with which he is required to register and must be filed within three working days of the date the literature is distributed or forwarded by him to others for distribution. The campaign literature filed pursuant to this section may be viewed by the public during regular business hours./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLEOD explained the amendment.

Rep. McCAIN moved to table the amendment.

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

Yeas 62; Nays 39

Those who voted in the affirmative are:

Alexander, T.C.        Baker                  Beasley
Boan                   Brown, H.              Bruce
Burch                  Carnell                Cato
Clyborne               Cole                   Corbett
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Fulmer
Gentry                 Gonzales               Hallman
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hayes
Hendricks              Houck                  Huff
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Keesley                Kinon
Klapman                Koon                   Littlejohn
Marchbanks             Martin, D.             Martin, L.
Martin, M.             McCain                 McCraw
McGinnis               McTeer                 Meacham
Nettles                Rama                   Rhoad
Ross                   Rudnick                Sharpe
Smith                  Tucker                 Vaughn
Wells                  Wilder                 Wilkins
Wofford                Young, R.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Barber
Beatty                 Bennett                Brown, G.
Brown, J.              Chamblee               Corning
Cromer                 Foster                 Glover
Holt                   Johnson, J.C.          Kempe
Keyserling             Kirsh                  Manly
Mattos                 McAbee                 McElveen
McLeod                 Neilson                Phillips
Rogers                 Scott                  Sheheen
Shirley                Short                  Snow
Townsend               Waites                 Waldrop
Whipper                White                  Wilkes

Total--39

So, the amendment was tabled.

RECORD FOR JOURNAL

Since Amendment #71 has the effect of regulating advertising and public relations firms and I am in that business I abstain from voting on the amendment.

Rep. RICK QUINN

Reps. KOON, RAMA, H. BROWN, SMITH, SHIRLEY and D. WILLIAMS proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\436\11537.DW).

Amend the bill, as and if amended, on page 31 by inserting immediately after line 35:

/Section 8-14-1150.     (A)     No lobbyist who has paid money to an individual which has become the subject of an indictment pursuant to Operation Lost Trust may register as a lobbyist.

(B)     A lobbyist who has registered and has paid money to an individual that becomes the subject of an indictment pursuant to Operation Lost Trust must be suspended./

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 72 was out of order as it was not germane to the Bill.

The SPEAKER stated that the Amendment dealt with the registration of lobbyists and that the Bill dealt with this and he overruled the Point of Order.

Rep. KOON continued speaking and moved to adjourn debate upon the amendment, which was adopted.

Reps. KOON, RAMA, CORBETT, SMITH and D. WILLIAMS proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\436\11536.DW).

Amend the bill, as and if amended, on page 31 by inserting immediately after line 35:

/Section 8-14-1140.     (A)     No person convicted of a controlled substance violation under the provisions of Chapter 53 of Title 44 may register as a lobbyist.

(B)     A lobbyist who has registered and is convicted of a controlled substance violation under the provisions of Chapter 53 of Title 44 must be suspended./

Renumber sections to conform.

Amend title to conform.

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

Rep. KIRSH proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\BR1\1491.JM), which was tabled.

Amend the bill, as and if amended, Section 8-14-540(B), page 17, by striking lines 3 through 7 and inserting:

/(B)     Upon consideration of an Ethics Committee report by the House or Senate, the results of the consideration, except in the case of the issuance of a private reprimand, are a matter of public record./

Amend title to conform.

Rep. KIRSH explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\BR1\1492.JM), which was adopted.

Amend the bill, as and if amended, Section 8-14-710(B), page 18, by striking line 21 and inserting:

/monthly updates to the same persons, at cost./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 76 (Doc Name L:\council\legis\amend\BR1\1495.JM), which was tabled.

Amend the bill, as and if amended, Section 8-14-1070, page 30, by striking lines 14 through 25 and inserting:

/Section 8-14-1070.     No public official or public employee may appear before the South Carolina Public Service Commission or the South Carolina Insurance Commission in rate or price fixing matters, the South Carolina Workers' Compensation Commission in compensation determinations, or the South Carolina Alcoholic Beverage Control Commission in permitting or licensing matters. This prohibition applies to partners and associates in the law firm of a member of the General Assembly. Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, the provisions of this section do not apply./

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. WILKINS moved to table the amendment.

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

The amendment was then tabled by a division vote of 53 to 32.

RECORD FOR VOTING

I voted not to table Amendment #76 since I do not believe in members practicing before boards and commissions they appoint. This was a division vote.

Rep. J.L. MANN CROMER

RECORD FOR VOTING

Amendment #76 was a division vote to prohibit members from representing clients before the ABC Commission and the Workers Comp. Commission. I voted against tabling the amendment.

Rep. CANDY WAITES

Reps. HAYES and WILKINS proposed the following Amendment No. 77 (Doc Name L:\council\legis\amend\436\11540.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-350, page 14, line 36, by striking /elected/ and inserting /filing for office/.

Amend title to conform.

The amendment was then adopted.

LEAVE OF ABSENCE

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

Rep. RAMA proposed the following Amendment No. 78 (Doc Name L:\council\legis\amend\CYY\18430.SD), which was adopted.

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

/SECTION ____.     Section 7-5-120 of the 1976 Code is amended to read:

"Section 7-5-120.     Every citizen of this State and the United States who:

(1) is at least eighteen years of age;

(2) is not laboring under disabilities named in the Constitution of 1895 of this State;

(3) is a resident in the county and in the polling precinct in which the elector offers to vote;

(4) applies for registration; must be registered; provided that:

(a) persons who are mentally incompetent or confined in any public prison; and

(b) persons convicted of a felony or offenses against the election laws are disqualified from being registered or voting, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned; except that service of a sentence or a pardon, if the person was a public official at the time of the commission of the felony or offense against the election laws, only permits the person to vote but does not act to make him a qualified elector within the meaning of any other provisions of law relating to qualifications for office."/

Renumber sections to conform.

Amend title to conform.

Rep. RAMA explained the amendment.

The amendment was then adopted by a division vote of 70 to 16.

MOTION NOTED

Rep. SHARPE moved to reconsider the vote whereby Amendment No. 78 was adopted and the motion was noted.

Rep. G. BROWN proposed the following Amendment No. 79 (Doc Name L:\council\legis\amend\JIC\5543.HC), which was tabled.

Amend the bill, as and if amended, page 30, by inserting immediately after line 13:

/Section 8-14-1065. Notwithstanding any other provision of law, if a public official elected in a partisan election switches his political party affiliation in the first half of the term for which he was elected, his office is declared vacant and the vacancy must be filled by a special election called by the appropriate election commission./

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Point Of Order

Rep. HUFF raised the Point of Order that Amendment No. 79 was out of order as it was not germane to the Bill.

Rep. G. BROWN argued contra the Point citing Article 11 and Article 13 of the Bill.

The SPEAKER stated that it was germane under Article 9, Rules of Conduct, on page 26 of the Bill and he overruled the Point of Order.

Rep. G. BROWN continued speaking.

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

Reps. WILKINS and HAYES proposed the following Amendment No. 80 (Doc Name L:\council\legis\amend\436\11543.DW), which was adopted.

Amend the amendment as proposed by Representative Sheheen, dated April 3, 1991, Document No. 436\11555.DW, as and if amended, in Section 8-14-1110(B), page 5, line 5, by inserting after /Council,/ /Legislative Information Systems,/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. MANLY proposed the following Amendment No. 81 (Doc Name L:\council\legis\amend\BBM\9328.JM), which was tabled.

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

/SECTION ___.     No candidate for a public office in this State, in campaigning for or seeking election to the office, may expend more than the amount of compensation provided by law for the term of the office for which the candidate seeks election./

Renumber SECTIONS to conform.

Amend title to conform.

Rep. MANLY explained the amendment.

Rep. HAYES moved to table the amendment.

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

The amendment was then tabled by a division vote of 64 to 26.

RECORD FOR VOTING

On division vote, I voted not to table Amendment #81. I want to limit campaign spending.

Rep. J.L. MANN CROMER

RECORD FOR VOTING

Amendment #81 was a division vote. I voted against the motion to table. I support limiting campaign spending.

Rep. CANDY WAITES

Reps. VAUGHN and KIRSH proposed the following Amendment No. 82 (Doc Name L:\council\legis\amend\JIC\5534.HC), which was tabled.

Amend the bill, as and if amended, page 30, by inserting immediately after line 26:

/Section 8-14-1075. (A) A member of the General Assembly, an individual with whom the member is associated, or a business with which the member is associated may not knowingly represent another person in a proceeding before a governmental entity, except:

(1) as required by law; or

(2) before a court under the unified judicial system.

(B) The provisions of this section apply beginning January 1, 1994, for members of the General Assembly serving in the 1991 session of the General Assembly. For members with no previous service who are elected in 1992, the provisions of this section apply beginning January 1, 1993./

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN explained the amendment.

Rep. CORBETT moved to table the amendment.

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

Yeas 68; Nays 35

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, K.             Baker
Baxley                 Beasley                Beatty
Boan                   Brown, G.              Brown, H.
Bruce                  Burch                  Cato
Clyborne               Cole                   Corbett
Elliott, D.            Elliott, L.            Farr
Felder                 Foster                 Gentry
Gonzales               Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Houck                  Huff
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kinon
Klapman                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
McCain                 McCraw                 McGinnis
Nettles                Phillips               Rama
Rhoad                  Rogers                 Ross
Rudnick                Sharpe                 Sheheen
Short                  Smith                  Townsend
Tucker                 Wells                  Whipper
White                  Wilder                 Wilkins
Williams, J.           Young, R.

Total--68

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Bailey, J.
Barber                 Bennett                Brown, J.
Carnell                Chamblee               Cooper
Cork                   Cromer                 Fair
Fulmer                 Glover                 Hallman
Holt                   Jaskwhich              Kempe
Keyserling             Kirsh                  Koon
Lanford                Manly                  McAbee
McLeod                 Neilson                Quinn
Scott                  Shirley                Sturkie
Vaughn                 Waites                 Wilkes
Wofford                Wright

Total--35

So, the amendment was tabled.

Reps. VAUGHN and KIRSH proposed the following Amendment No. 83 (Doc Name L:\council\legis\amend\JIC\5538.HC), which was tabled.

Amend the bill, as and if amended, page 7, by inserting immediately after line 29:

/Section 8-14-40. (A) 'Salaried office or position' means an office or position in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.

(B)     No member of the General Assembly may be elected to a salaried office or position while he is in the General Assembly.

(C)     No member of the General Assembly is eligible to be elected to a salaried office or position for a period of two years after he is no longer a member of the General Assembly.

(D)     The provisions of this section do not apply to a person serving in the General Assembly on the effective date of this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN explained the amendment.

Rep. CORBETT moved to table the amendment.

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

The amendment was then tabled by a division vote of 81 to 8.

RECORD FOR JOURNAL

I abstained from the deliberations and vote on Amendment 83 of H. 3743 due to the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

WILLIAM P. KEESLEY

AMENDMENT NO. 78--RECONSIDERED AND TABLED

The motion of Rep. SHARPE to reconsider the vote whereby Amendment No. 78 was adopted, was taken up and agreed to.

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

AMENDMENT NO. 63--MOTION TO RECONSIDER TABLED

Rep. WILDER moved to reconsider the vote whereby Amendment No. 63 was adopted.

Reps. P. HARRIS and CLYBORNE spoke in favor of the motion to reconsider.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the motion to reconsider.

SPEAKER IN CHAIR

Rep. ROSS spoke against the motion to reconsider.

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

SPEAKER PRO TEMPORE IN CHAIR

Reps. KLAPMAN and SHEHEEN spoke against the motion to reconsider.

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

Rep. SHEHEEN moved to table the motion to reconsider.

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

Yeas 55; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Barber                 Beasley                Beatty
Bennett                Bruce                  Burch
Carnell                Corbett                Cromer
Elliott, D.            Farr                   Foster
Gentry                 Glover                 Gonzales
Harris, J.             Harrison               Harwell
Hayes                  Hodges                 Huff
Jennings               Johnson, J.W.          Kempe
Keyserling             Kinon                  Klapman
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Martin, M.             McCraw
McElveen               Nettles                Rhoad
Rogers                 Ross                   Scott
Sheheen                Shirley                Short
Smith                  Snow                   Stoddard
Tucker                 Waites                 Waldrop
White                  Wilkes                 Wilkins
Williams, J.

Total--55

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Bailey, K.
Baker                  Baxley                 Boan
Brown, G.              Brown, H.              Brown, J.
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Cork
Elliott, L.            Fair                   Felder
Fulmer                 Hallman                Harris, P.
Haskins                Hendricks              Holt
Houck                  Jaskwhich              Johnson, J.C.
Keegan                 Kirsh                  Koon
Lanford                Manly                  Mattos
McAbee                 McCain                 McGinnis
McLeod                 Meacham                Neilson
Phillips               Quinn                  Rama
Rudnick                Sharpe                 Sturkie
Townsend               Vaughn                 Wells
Whipper                Wilder                 Wofford
Wright                 Young, R.

Total--53

So, the motion to reconsider was tabled.

RECORD FOR JOURNAL

I abstained from the deliberations and vote on the motion to reconsider Amendment No. 63 of H. 3743 due to the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

Rep. HASKINS proposed the following Amendment No. 84 (Doc Name L:\council\legis\amend\436\11475.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-1360, Page 34, Line 8, by adding after /them/ /, except contributions delivered by mail./

Rep. HASKINS explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 85, which was tabled.

Amend Section 8-14-1320(A) by deleting lines 14-17 on page 32 and adding:

A CANDIDATE MAY NOT ACCEPT OR RECEIVE CASH, SERVICES IN-KIND AND OTHER CONTRIBUTIONS FROM A POLITICAL PARTY THROUGH ITS PARTY COMMITTEES, LEGISLATIVE CAUCUS COMMITTEES, OR OTHERWISE WHICH TOTAL, IN THE AGGREGATE:

and by deleting on page 32, line 20, the words "TWENTY-FIVE" and by adding the word "TEN".

Rep. McELVEEN explained the amendment.

Rep. J. BAILEY spoke in favor of the amendment.

Rep. WOFFORD moved to table the amendment.

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

Yeas 61; Nays 48

Those who voted in the affirmative are:

Bailey, G.             Baker                  Baxley
Boan                   Brown, H.              Bruce
Burch                  Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Elliott, D.
Fair                   Felder                 Fulmer
Gentry                 Gonzales               Hallman
Harrison               Harwell                Haskins
Hayes                  Hendricks              Hodges
Huff                   Jaskwhich              Johnson, J.W.
Keegan                 Keesley                Kinon
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Martin, M.             McCain
McGinnis               Meacham                Nettles
Quinn                  Rama                   Ross
Sharpe                 Smith                  Stoddard
Sturkie                Tucker                 Vaughn
Waldrop                Wells                  Wilder
Wilkins                Wofford                Wright
Young, R.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beasley
Beatty                 Bennett                Brown, G.
Brown, J.              Carnell                Chamblee
Cromer                 Elliott, L.            Farr
Foster                 Glover                 Harris, J.
Harvin                 Holt                   Houck
Jennings               Johnson, J.C.          Kempe
Keyserling             Kirsh                  Manly
Mattos                 McAbee                 McCraw
McElveen               McLeod                 Neilson
Phillips               Rhoad                  Rogers
Scott                  Sheheen                Shirley
Short                  Snow                   Townsend
Waites                 Whipper                White
Wilkes                 Williams, J.

Total--48

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 86:

Amend Section 8-14-1020 by deleting lines 33-40, page 27, through Lines 1-10, page 28, and adding:

"(1) A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SHALL NOT ACCEPT, RECEIVE, TAKE OR SOLICIT, DIRECTLY OR INDIRECTLY, ANYTHING VALUED AT MORE THAN TWENTY-FIVE DOLLARS".

and by deleting lines 11-15, page 28, and adding:

"(2) NOTHING IN THIS SECTION PROHIBITS A PUBLIC OFFICIAL OR EMPLOYEE FROM RECEIVING, ACCEPTING, OR TAKING A GIFT FROM A PARENT, GRANDPARENT, OR RELATIVE TO A CHILD, GRANDCHILD OR OTHER FAMILY MEMBER FOR LOVE AND AFFECTION."

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

Rep. McELVEEN proposed the following Amendment No. 87, which was adopted.

Amend Section 8-14-1310(1) on page 32 at line 1 by adding after the word "CONTRIBUTIONS" the words "FROM ANY PERSON".

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 88.

Amend Section 8-14-790(D) on page 26 at line 7 by adding after the word "OBTAINING" the words "OR MAINTAINING";

and

Amend Section 8-14-790(E) on page 26 at line 12 by adding after the word "ASSEMBLY" the words "OR THE GOVERNOR";

and

Amend Section 8-14-790(F) on page 26 at line 13 by deleting the word "PERSONALLY";

and

Renumber the sub-sections to conform to the amendments.

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

Rep. STODDARD proposed the following Amendment No. 89 (Doc Name L:\council\legis\amend\436\11547.DW), which was adopted.

Amend the bill, as and if amended, by striking SECTION 4, page 50, lines 1 through 4, in its entirety and inserting:

/SECTION 4. This act takes effect January 1, 1992, except the provisions of Section 8-14-1110 of the 1976 Code, added by the provisions of this act, take effect January 1, 1993./

Amend title to conform.

Rep. STODDARD explained the amendment.

The amendment was then adopted.

RECORD FOR JOURNAL

I voted "no" on Amendment #89 which was a voice vote.

Rep. J.L. MANN CROMER

RECORD FOR JOURNAL

I voted "no" on Amendment #89 which was a voice vote.

Rep. CANDY WAITES.

Reps. QUINN, ROGERS, GREGORY, SHORT and HUFF proposed the following Amendment No. 90 (Doc Name L:\council\legis\amend\436\11551.DW), which was adopted.

Amend the bill, as and if amended, on page 24, Section 8-14-780, by adding an appropriately lettered subsection to read:

/( )     The provisions of this section do not apply to a public official or public employee who pays for his food and beverage at a function to which he has been invited by a lobbyist./

Renumber subsections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

RECORD FOR JOURNAL

I voted "no" on Amendment #90 which was a voice vote.

Rep. J.L. MANN CROMER

RECORD FOR VOTING

I voted "no" on Amendment #90 which was a voice vote.

Rep. CANDY WAITES.

Rep. RUDNICK proposed the following Amendment No. 91 (Doc Name L:\council\legis\amend\436\11553.DW), which was tabled.

Amend the bill, as and if amended, on page 4, line 5, by inserting after /miles./ /Gift does not include food and beverage received in a twenty-four hour period if the cost of the food and beverage consumed does not exceed fifteen dollars./

Amend further on page 25, Section 8-14-780, by adding an appropriately lettered subsection immediately after line 31 to read:

/( )     The provisions of this section do not apply to a gift of food and beverage received in a twenty-four hour period by a public official or public employee if the cost of the food and beverage consumed does not exceed fifteen dollars./

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WILKINS moved to table the amendment.

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

Yeas 98; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Bennett                Boan
Brown, G.              Brown, H.              Bruce
Burch                  Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Fair                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Huff                   Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McCraw                 McElveen
McLeod                 Meacham                Neilson
Nettles                Quinn                  Rama
Rhoad                  Rogers                 Ross
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                Wilder                 Wilkes
Wilkins                Williams, J.           Wofford
Wright                 Young, R.

Total--98

Those who voted in the negative are:

Brown, J.              Glover                 McGinnis
Rudnick                White

Total--5

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 92 (Doc Name L:\council\legis\amend\436\11554.DW), which was tabled.

Amend the bill, as and if amended, on page 4, line 5, by inserting after /miles./ /Gift does not include a cup of coffee./

Amend further on page 25, Section 8-14-780, by adding an appropriately lettered subsection immediately after line 31 to read:

/( )     The provisions of this section do not apply to a gift of a cup of coffee./

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

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

Reps. KOON, RAMA, H. BROWN, SMITH, SHIRLEY and D. WILLIAMS proposed the following Amendment No. 94 (Doc Name L:\council\legis\amend\436\11537.DW), which was adopted.

Amend the bill, as and if amended, on page 31 by inserting immediately after line 35:

/Section 8-14-1150.     (A)     No lobbyist who has paid money to an individual which payment has become the subject of an indictment pursuant to Operation Lost Trust may register as a lobbyist.

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

Reps. WILKINS and HAYES proposed the following Amendment No. 95 (Doc Name L:\council\legis\amend\436\11556.DW), which was adopted.

Amend the bill, as and if amended, page 31, by striking Section 8-14-1130 in its entirety and inserting:

/SECTION 8-14-1130. At least once during each General Assembly, the Speaker of the House and the President of the Senate, without prior announcement, shall order a drug test for randomly-selected members of their respective chamber.

(1)     The Speaker of the House shall choose members for testing by placing the district numbers in five groups of opaque capsules as follows:

Group 1                         Districts 1 through 24

Group 2                         Districts 25 through 49

Group 3                         Districts 50 through 74

Group 4                         Districts 75 through 100

Group 5                         Districts 101 through 124.

From each group, the Clerk of the House shall draw two capsules. Those members representing the districts selected must be tested at the time and place ordered by the Speaker of the House when he announces the test. Expenses of the testing must be paid from approved accounts. Any member testing positive for illegal drugs may, at his request, be retested. The names of members who test positive for illegal drugs after retesting, or who test positive and who do not request a retesting, must be reported to the Clerk of the House, who shall forward the results to the House Ethics Committee. Test results are confidential and may not be disclosed except as provided by rules and laws applicable in matters before the House Ethics Committee. However, in the appropriate case the House Ethics Committee shall notify the proper authorities.

(2)     The President of the Senate shall choose members for testing by placing the district numbers in two equal groups of opaque capsules as follows:

(a)     Group 1     Districts 1 through 23

(b)     Group 2     Districts 24 through 46.
From each group, the Clerk of the Senate shall draw two capsules. Those members representing the districts selected must be tested at the time and place ordered by the President of the Senate when he announces the test. Expenses of the testing must be paid from approved accounts. Any member testing positive for illegal drugs may, at his request, be retested. The names of members who test positive for illegal drugs after retesting, or who test positive and who do not request a retesting, must be reported to the Clerk of the Senate, who shall forward the results to the Senate Ethics Committee. Test results are confidential and may not be disclosed except as provided by rules and laws applicable in matters before the Senate Ethics Committee. However, in the appropriate case the Senate Ethics Committee shall notify the proper authorities./

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Reps. VAUGHN and KIRSH proposed the following Amendment No. 97 (Doc Name L:\council\legis\amend\JIC\5548.HC), which was tabled.

Amend the bill, as and if amended, page 7, by inserting immediately after line 29:

/Section 8-14-40. (A) 'Salaried office or position' means an office or position in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.

(B)     No member of the General Assembly may be elected to a salaried office or position filled by a vote of the General Assembly while he is in the General Assembly.

(C)     No member of the General Assembly is eligible to be elected to a salaried office or position filled by a vote of the General Assembly for a period of two years after he is no longer a member of the General Assembly.

(D)     The provisions of this section do not apply to a person serving in the General Assembly on the effective date of this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN explained the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 66; Nays 33

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Baker
Baxley                 Beasley                Beatty
Bennett                Boan                   Brown, H.
Bruce                  Burch                  Carnell
Cole                   Cooper                 Elliott, L.
Farr                   Felder                 Foster
Gentry                 Glover                 Gonzales
Harris, P.             Harrison               Harvin
Harwell                Hayes                  Hendricks
Hodges                 Houck                  Huff
Jennings               Johnson, J.W.          Kinon
Klapman                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
McAbee                 McCain                 McCraw
McElveen               McLeod                 Meacham
Neilson                Nettles                Phillips
Rama                   Rhoad                  Ross
Rudnick                Sharpe                 Sheheen
Short                  Smith                  Snow
Stoddard               Tucker                 Waldrop
Whipper                Wilder                 Wilkins
Williams, J.           Wright                 Young, R.

Total--66

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Barber
Brown, J.              Cato                   Chamblee
Corbett                Cork                   Cromer
Elliott, D.            Fair                   Fulmer
Hallman                Haskins                Holt
Jaskwhich              Johnson, J.C.          Keegan
Kempe                  Keyserling             Kirsh
Koon                   Manly                  Mattos
Quinn                  Scott                  Shirley
Sturkie                Townsend               Vaughn
Waites                 Wilkes                 Wofford

Total--33

So, the amendment was tabled.

RECORD FOR JOURNAL

I abstained from the deliberations and vote on Amendment #97 of H. 3743 due to the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

Rep. KOON proposed the following Amendment No. 98 (Doc Name L:\council\legis\amend\436\11559.DW), which was adopted.

Amend the bill, as and if amended, on page 31 by inserting immediately after line 35:

/Section 8-14-1140.     (A)     No person convicted of distributing any controlled substance to a public official or employee in violation of Chapter 53 of Title 44 to influence the vote or official action of the public official or public employee may register as a lobbyist. Any registered lobbyist who violates this provision must be suspended immediately./

Renumber sections to conform.

Amend title to conform.

Rep. WAITES proposed the following Amendment No. 100 (Doc Name L:\council\legis\amend\436\11518.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-20, page 2, line 15, by inserting: after office

,or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976./

Amend title to conform.

Rep. WAITES explained the amendment.

POINT OF ORDER

Rep. HOLT raised the Point of Order that Amendment No. 100 was out of order as it was not germane to the Bill.

The SPEAKER stated that it was within the definition of the Bill and he overruled the Point of Order.

The amendment was then adopted.

Reps. HAYES and WILKINS proposed the following Amendment No. 101 (Doc Name L:\council\legis\amend\436\11561.DW), which was adopted.

Amend the bill, as and if amended, on page 32, Section 8-14-1320, lines 14 through 17, by striking /A candidate may not accept cash, services, in-kind, or any other contribution from party committees or legislative caucus committees that totals, in value, more than/ and inserting /A candidate may not accept or receive cash, services, in-kind, and other contributions from a political party through its party committees or legislative caucus committees which total in the aggregate/.

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Rep. KOON proposed the following Amendment No. 102 (Doc Name L:\council\legis\amend\436\11557.DW), which was tabled.

Amend the bill, as and if amended, page 30, by adding after line 32:     /Section 8-14-1085. No member of the General Assembly may represent a client, for a fee, before an agency, commission, board, department, or other entity elected, appointed, recommended, or confirmed by the General Assembly if that member has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of that entity after the effective date of this section./

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

POINT OF ORDER

Rep. WILKINS raised the Point of Order that Amendment No. 102 was out of order as it was the same as a previous amendment.

The SPEAKER overruled the Point of Order.

Rep. HAYES moved to table the amendment.

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

Yeas 60; Nays 44

Those who voted in the affirmative are:

Baker                  Baxley                 Beasley
Beatty                 Brown, H.              Bruce
Burch                  Carnell                Cato
Clyborne               Cole                   Corbett
Cork                   Elliott, L.            Farr
Felder                 Foster                 Gentry
Gonzales               Harris, J.             Harvin
Harwell                Haskins                Hayes
Hodges                 Houck                  Huff
Jennings               Johnson, J.C.          Johnson, J.W.
Keesley                Kinon                  Klapman
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
McCain                 McCraw                 McElveen
Nettles                Rama                   Rhoad
Ross                   Rudnick                Scott
Sheheen                Short                  Snow
Stoddard               Tucker                 Waldrop
Wells                  Wilder                 Wilkins
Williams, J.           Wofford                Young, R.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Bennett                Brown, J.              Chamblee
Cooper                 Cromer                 Elliott, D.
Fair                   Fulmer                 Glover
Hallman                Harris, P.             Hendricks
Holt                   Jaskwhich              Keegan
Kempe                  Keyserling             Kirsh
Koon                   Manly                  Mattos
McAbee                 McGinnis               McLeod
Neilson                Phillips               Quinn
Rogers                 Sharpe                 Shirley
Smith                  Sturkie                Townsend
Vaughn                 Waites                 Whipper
Wilkes                 Wright

Total--44

So, the amendment was tabled.

Reps. KOON and CHAMBLEE proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\436\11542.DW), which was tabled.

Amend the bill, as and if amended, on page 29 by inserting immediately following line 7:

/Section 8-14-1055. No member of the General Assembly who is a member of the South Carolina Bar may vote or solicit votes for any judge elected by the General Assembly who resides in any part of the judicial circuit represented in the General Assembly by that member./

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

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

RECORD FOR JOURNAL

I abstained from the deliberations and vote on Amendment 103 of H. 3743 due to the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

RECORD FOR JOURNAL

I voted "no" on Amendment No. 103, which was a voice vote.

Rep. J.L. MANN CROMER

Rep. McELVEEN proposed the following Amendment No. 104, which was tabled.

Section 8-14-1020 (1) shall be amended by deleting page 27, line 33-page 28, line 19 and adding: No public official or public employee may receive, accept, take, seek, or solicit, directly or indirectly anything of value, including employment or the promise of future employment, as a gift, gratuity, or favor from:

(1) a person if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position;

(2) a person, or from an officer or director of the person, if the public official or public employee has reason to believe the person:

(a) has or is seeking to obtain contractual or other business or financial relationships with the official's or employee's agency if the purpose of the gift, gratuity or favor is related to the official's or employee's office or position; or

(b) conducts operations or activities which are regulated by the official's or employee's agency if the purpose of the gift, gratuity or favor is related to the official's or employee's office or position.

Rep. McELVEEN explained the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 70; Nays 32

Those who voted in the affirmative are:

Bailey, G.             Baker                  Baxley
Beasley                Brown, G.              Brown, H.
Bruce                  Burch                  Carnell
Cato                   Clyborne               Cole
Cooper                 Corbett                Cork
Fair                   Farr                   Felder
Fulmer                 Gentry                 Glover
Gonzales               Hallman                Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Huff
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Keesley                Kinon
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Martin, M.             McAbee
McCain                 McCraw                 McGinnis
McLeod                 Meacham                Nettles
Phillips               Rama                   Rhoad
Ross                   Rudnick                Sharpe
Short                  Smith                  Snow
Stoddard               Tucker                 Vaughn
Waldrop                Wells                  Whipper
Wilder                 Wilkins                Wofford
Young, R.

Total--70

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Barber
Beatty                 Bennett                Chamblee
Cromer                 Elliott, D.            Elliott, L.
Foster                 Harris, J.             Holt
Houck                  Johnson, J.C.          Kempe
Keyserling             Kirsh                  Manly
Mattos                 McElveen               Neilson
Quinn                  Rogers                 Scott
Sheheen                Shirley                Sturkie
Townsend               Waites                 Wilkes
Williams, J.           Wright

Total--32

So, the amendment was tabled.

Rep. TOWNSEND proposed the following Amendment No. 105 (Doc Name L:\council\legis\amend\436\11562.DW), which was ruled out of order.

Amend the bill, as and if amended, on page 18, immediately after line 21, by adding:

/Section 8-14-715.     Each candidate for judicial office whose qualifications have been determined by the Judicial Screening Committee shall pay a filing fee equal to one percent of the annual salary of the respective office to the committee to be remitted to the State Treasurer to be deposited in the general fund./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 105 was out of order as it was not germane.

Rep. TOWNSEND argued contra the Point.

The SPEAKER stated that the House had excluded all reference to the Judiciary in the Bill and he sustained the Point of Order and ruled the Amendment out of order.

Rep. SCOTT proposed the following Amendment No. 106, which was adopted.

by adding "in-kind service " to line 34, page 2.

Rep. SCOTT explained the amendment.

The amendment was then adopted.

Reps. McELVEEN, J. BAILEY and ROGERS proposed the following Amendment No. 107 (Doc Name L:\council\legis\amend\436\11563.DW), which was tabled.

Amend the bill, as and if amended, on page 32, Section 8-14-1320, lines 14 through 17, by striking /A candidate may not accept cash, services, in-kind, or any other contribution from party committees or legislative caucus committees that totals, in value, more than/ and inserting /A candidate may not accept or receive cash, services, in-kind, and other contributions from a political party through its party committees or legislative caucus committees/.

Amend further on page 32, Section 8-14-1320(A)(2), line 20, by striking /twenty-five/ and inserting /eight/.

Amend title to conform.

Rep. ROGERS explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 60; Nays 44

Those who voted in the affirmative are:

Baker                  Beasley                Brown, H.
Bruce                  Burch                  Carnell
Cato                   Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Fair                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Jennings               Johnson, J.W.          Keegan
Keesley                Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, L.             Martin, M.             McAbee
McCain                 McGinnis               Meacham
Nettles                Phillips               Quinn
Rama                   Rhoad                  Sharpe
Short                  Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Wells                  Wilder                 Wilkins
Wofford                Wright                 Young, R.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Baxley
Beatty                 Bennett                Brown, G.
Brown, J.              Chamblee               Cromer
Elliott, D.            Elliott, L.            Farr
Foster                 Glover                 Harvin
Holt                   Houck                  Johnson, J.C.
Kempe                  Keyserling             Kinon
Kirsh                  Manly                  Mattos
McCraw                 McElveen               McLeod
Neilson                Rogers                 Ross
Rudnick                Scott                  Sheheen
Shirley                Smith                  Snow
Waites                 Whipper                White
Wilkes                 Williams, J.

Total--44

So, the amendment was tabled.

Reps. HAYES and WILKINS proposed the following Amendment No. 108 (Doc Name L:\council\legis\amend\436\11561.DW), which was adopted.

Amend the bill, as and if amended, on page 32, Section 8-14-1320, lines 14 through 17, by striking /A candidate may not accept cash, services, in-kind, or any other contribution from party committees or legislative caucus committees that totals, in value, more than/ and inserting /A candidate may not accept or receive cash, services, in-kind, and other contributions from a political party through its party committees or legislative caucus committees which total in the aggregate of more than/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 3--TABLED

Debate was resumed on Amendment No. 3, which was proposed on Tuesday, April 2, by Rep. WAITES.

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

AMENDMENT NO. 5--ADOPTED

Debate was resumed on Amendment No. 5, which was proposed on Tuesday, April 2, by Rep. WAITES.

Rep. WAITES explained the amendment.

The amendment was then adopted.

Rep. WAITES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\11490.DW), which was adopted.

Amend the bill, as and if amended, in Section 8-14-20(13), page 3, line 29, by inserting after /advance/ /in-kind, service/.

Amend title to conform.

Rep. WAITES explained the amendment.

The amendment was then adopted.

Rep. WAITES proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\436\11498.DW), which was tabled.

Amend the bill, as and if amended, in Section 8-14-290, page 12, on line 28, by inserting after /counsel./ /A commission attorney shall present the case to the hearing panel./; and on line 36 by inserting after /hearing./ /A majority vote of the hearing panel shall determine whether a violation has occurred and what action is appropriate for disposition of the complaint./

Amend title to conform.

Rep. WAITES explained the amendment.

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

Rep. WAITES proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\436\11544.DW), which was adopted.

Amend the bill, as and if amended, on page 31, immediately after line 25:

/Section 8-14-1115.     A person who is running for an office elected by the General Assembly must file an expense report with the State Ethics Commission of money in excess of one hundred dollars spent by him or in his behalf in seeking the office. The report must include the period beginning with the time he first announces his intent to seek the office. The report shall not include travel expenses or room and board while campaigning. Contributions made to members of the General Assembly during the period from announcement of intent to election date must be included. The report must be updated quarterly with the final report filed thirty days after the election. Persons soliciting votes on behalf of candidates must submit expenses in excess of one hundred dollars to the candidate which must be included on the candidate's report./

Amend title to conform.

Rep. WAITES explained the amendment.

The amendment was then adopted.

RECORD FOR JOURNAL

I abstained from the deliberations and vote on Amendment No. 23 of H. 3743 due to the fact that I am a candidate for Judge of the Eleventh Judicial Circuit.

Rep. WILLIAM P. KEESLEY

Rep. CORNING proposed the following Amendment No. 58, which was adopted.

To amend 8-14-20 (14) as and if amended or renumbered to change lines 3-5 on page 4 to read;

"Pursuant to this chapter 'Gift' does not include transportation by motor vehicle of not more than two hundred miles."

Rep. CORNING explained the amendment.

The amendment was then adopted.

RECORD FOR JOURNAL

I voted "no" on Amendment 58, a voice vote.

Rep. JAMES L.M. CROMER

RECORD FOR JOURNAL

Amendment No. 58 was a voice vote and I voted no.

Rep. CANDY WAITES

Rep. McELVEEN proposed the following Amendment No. 59, which was tabled.

Amend Section 8-14-1310 on page 32, lines 1-6 by deleting sub-sections (2) and (3) and inserting:

(2) A CONTRIBUTION FROM A REGISTERED LOBBYIST;

(3) A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP OR LABOR UNION;

and on page 32 immediately after line 6, adding the following:

(4) A CONTRIBUTION WHICH EXCEEDS ONE THOUSAND DOLLARS.

Rep. McELVEEN explained the amendment.

Rep. RAMA moved to table the amendment.

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

Yeas 70; Nays 37

Those who voted in the affirmative are:

Baker                  Baxley                 Beasley
Boan                   Brown, H.              Bruce
Burch                  Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Elliott, D.            Fair
Farr                   Felder                 Fulmer
Gentry                 Gonzales               Gregory
Hallman                Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Keesley                Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Mattos                 McAbee                 McCain
McGinnis               McLeod                 Meacham
Nettles                Phillips               Quinn
Rama                   Rhoad                  Sharpe
Short                  Smith                  Stoddard
Tucker                 Vaughn                 Waldrop
Wells                  White                  Wilder
Wilkins                Wofford                Wright
Young, R.

Total--70

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beatty
Bennett                Brown, G.              Brown, J.
Cromer                 Elliott, L.            Foster
Harris, J.             Harvin                 Houck
Johnson, J.C.          Kempe                  Keyserling
Kinon                  Kirsh                  Manly
McCraw                 McElveen               Neilson
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Shirley
Snow                   Sturkie                Townsend
Waites                 Whipper                Wilkes
Williams, J.

Total--37

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 61, which was tabled.

Amend Section 8-14-1310 (3) BY DELETING THE SECTION AT PAGE 32, LINES 7-12, AND ADDING:

(3) A CONTRIBUTION FOR AN ELECTION WHICH EXCEEDS ONE THOUSAND DOLLARS FROM AN INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPORATION, UNION OR COMMITTEE, EXCEPT FOR A PARTY COMMITTEE AS PROVIDED IN SECTION 8-14-1320.

Rep. McELVEEN explained the amendment.

Rep. CROMER spoke in favor of the amendment.

Rep. WILKINS moved to table the amendment.

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

Yeas 64; Nays 44

Those who voted in the affirmative are:

Baker                  Beasley                Boan
Brown, H.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Fair                   Farr                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Harris, P.             Harwell
Haskins                Hayes                  Hodges
Huff                   Jaskwhich              Jennings
Johnson, J.W.          Keegan                 Keesley
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Martin, M.             McAbee
McCain                 McGinnis               Meacham
Nettles                Phillips               Quinn
Rama                   Rhoad                  Sharpe
Short                  Smith                  Stoddard
Sturkie                Tucker                 Vaughn
Waldrop                Wells                  Wilder
Wilkins                Wofford                Wright
Young, R.

Total--64

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Baxley
Beatty                 Bennett                Brown, G.
Brown, J.              Cromer                 Elliott, D.
Elliott, L.            Foster                 Glover
Gregory                Harris, J.             Harvin
Holt                   Houck                  Johnson, J.C.
Kempe                  Keyserling             Kinon
Kirsh                  Manly                  Mattos
McCraw                 McElveen               McLeod
Neilson                Rogers                 Ross
Rudnick                Scott                  Sheheen
Shirley                Snow                   Townsend
Waites                 Whipper                White
Wilkes                 Williams, J.

Total--44

So, the amendment was tabled.

AMENDMENT NO. 73--TABLED

Debate was resumed on Amendment No. 73, by Rep. KOON.

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

AMENDMENT NO. 72--TABLED

Debate was resumed on Amendment No. 72, by Reps. KOON, H. BROWN, SMITH, et al.

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

AMENDMENT NO. 86--TABLED

Debate was resumed on Amendment No. 86, by Rep. McELVEEN.

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

AMENDMENT NO. 88--TABLED

Debate was resumed on Amendment No. 88 by Rep. McELVEEN.

Rep. McELVEEN explained the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 61; Nays 45

Those who voted in the affirmative are:

Baker                  Baxley                 Beasley
Boan                   Brown, H.              Bruce
Burch                  Carnell                Cato
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Elliott, L.            Fair                   Felder
Fulmer                 Gentry                 Gonzales
Gregory                Hallman                Harris, P.
Harwell                Haskins                Hayes
Houck                  Huff                   Jaskwhich
Jennings               Johnson, J.W.          Keegan
Kinon                  Klapman                Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             McAbee                 McCain
McGinnis               McLeod                 Meacham
Nettles                Quinn                  Rama
Rhoad                  Sharpe                 Short
Smith                  Tucker                 Vaughn
Waldrop                Wells                  Wilder
Wilkins                Wofford                Wright
Young, R.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beatty
Bennett                Brown, G.              Brown, J.
Chamblee               Cromer                 Elliott, D.
Farr                   Foster                 Harris, J.
Harvin                 Hodges                 Holt
Johnson, J.C.          Keesley                Kempe
Keyserling             Kirsh                  Koon
Manly                  Mattos                 McCraw
McElveen               Neilson                Phillips
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Shirley
Snow                   Stoddard               Sturkie
Townsend               Waites                 Whipper
White                  Wilkes                 Williams, J.

Total--45

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\436\11564.DW), which was adopted.

Amend the bill, as and if amended, page 4, Section 8-14-20, by inserting immediately after line 5:

/(15)     'In-kind services' mean any services provided which can be measured in monetary terms./

Renumber items to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 110 (Doc Name L:\council\legis\amend\436\11565.DW), which was adopted.

Amend the bill, as and if amended, page 4, Section 8-14-20, by inserting immediately after line 5:

/(16)     'In-kind' means anything provided which can be measured in monetary terms./

Renumber items to conform.

Amend title to conform.

Rep. J. BAILEY proposed the following Amendment No. 111, which was tabled.

Amend Section 8-14-1620 (A) by deleting on page 41, lines 24-25 "A POLITICAL PARTY, OR ANOTHER CANDIDATE'S DESIGNATED CAMPAIGN COMMITTEE"

and on page 41, lines 26-27 "MAY BE TRANSFERRED TO ANOTHER CAMPAIGN FOR THAT CANDIDATE".

Rep. J. BAILEY explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 82; Nays 16

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Baker
Beasley                Brown, H.              Brown, J.
Bruce                  Burch                  Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Elliott, D.
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hodges
Holt                   Huff                   Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
McAbee                 McCain                 McCraw
McGinnis               McLeod                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Ross                   Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Stoddard
Sturkie                Townsend               Tucker
Vaughn                 Waldrop                Wells
White                  Wilder                 Wilkins
Williams, J.           Wofford                Wright
Young, R.

Total--82

Those who voted in the negative are:

Alexander, M.O.        Bailey, J.             Barber
Elliott, L.            Glover                 Harvin
Houck                  Kempe                  Kinon
Kirsh                  McElveen               Rogers
Rudnick                Waites                 Whipper
Wilkes

Total--16

So, the amendment was tabled.

Reps. WILKINS and HAYES proposed the following Amendment No. 113 (Doc Name L:\council\legis\amend\436\11544.DW), which was adopted.

Amend the bill, as and if amended, on page 31, immediately after line 25:

/Section 8-14-1115.     A person who is running for an office elected by the General Assembly must file an expense report with the State Ethics Commission of money in excess of one hundred dollars spent by him or in his behalf in seeking the office. The report must include the period beginning with the time he first announces his intent to seek the office. The report shall not include travel expenses or room and board while campaigning. Contributions made to members of the General Assembly during the period from announcement of intent to election date must be included. The report must be updated quarterly with the final report filed thirty days after the election. Persons soliciting votes on behalf of candidates must submit expenses in excess of one hundred dollars to the candidate which must be included on the candidate's report. Provided, however this section does not apply to elections to judicial offices by the General Assembly./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Reps. McELVEEN and WAITES proposed the following Amendment No. 114 (Doc Name L:\council\legis\amend\436\11483.DW), which was tabled.

Amend the bill, as and if amended, in Section 8-14-1310(3), page 32, by striking lines 8 through 11 and inserting /exceeds two thousand dollars from an individual, association, corporation, partnership, union, or committee except for a party committee otherwise provided for/.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 67; Nays 38

Those who voted in the affirmative are:

Baker                  Baxley                 Beasley
Brown, H.              Bruce                  Burch
Carnell                Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Fair
Farr                   Felder                 Fulmer
Gentry                 Gonzales               Gregory
Hallman                Harris, P.             Harwell
Haskins                Hayes                  Hodges
Holt                   Huff                   Jaskwhich
Jennings               Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kinon
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             McAbee                 McCain
McGinnis               Meacham                Nettles
Phillips               Quinn                  Rama
Rhoad                  Sharpe                 Short
Smith                  Stoddard               Sturkie
Tucker                 Vaughn                 Waldrop
Wells                  Wilder                 Wilkins
Williams, J.           Wofford                Wright
Young, R.

Total--67

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beatty
Bennett                Brown, G.              Brown, J.
Cromer                 Elliott, D.            Elliott, L.
Foster                 Glover                 Harris, J.
Harvin                 Houck                  Kempe
Keyserling             Kirsh                  Manly
Mattos                 McCraw                 McElveen
McLeod                 Neilson                Rogers
Ross                   Rudnick                Scott
Sheheen                Shirley                Snow
Townsend               Waites                 Whipper
White                  Wilkes

Total--38

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 115, which was adopted.

Amend Section 8-14-790 (D) on page 26 at line 7 by adding after the word "OBTAINING" the words "OR MAINTAINING"; and

Amend Section 8-14-790 (E) on page 26 at line 12 by adding after the word "ASSEMBLY" the words "OR THE GOVERNOR"; and

Renumber the subsections to conform to the amendments.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

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

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

Yeas 108; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Beatty
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Glover                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Houck                  Huff
Jaskwhich              Jennings               Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McCraw                 McElveen
McGinnis               McLeod                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright                 Young, R.

Total--108

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

Mr. SPEAKER,

I will have to leave at 5:45 to go home. Had I been present I would have voted in favor of the Bill.

Rep. GEORGE H. BAILEY

RECORD FOR VOTING

Due to a family emergency, I was unable to be present this afternoon when the House is in session. Had I been present, I would have voted in favor of the State Ethics Bill.

Rep. ANNETTE D. YOUNG

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3195 -- Reps. Vaughn, Jaskwhich, Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEVELOPMENTAL DISABILITIES COUNCIL, OFFICE OF THE GOVERNOR, FOR DEVELOPING AN OUTSTANDING STATE PLAN ON THE TRANSITION FROM SCHOOL INTO ADULT COMMUNITY LIFE OF PEOPLE WITH DISABILITIES AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE LEGISLATIVE RECOMMENDATIONS CONTAINED IN THE STATE PLAN SHOULD BE ENACTED INTO LAW.

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

H. 3759 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO COMMEND THE LOWCOUNTRY RELEAF ORGANIZATION FOR ITS OUTSTANDING EFFORTS IN PLANTING TREES IN CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES WHICH COMPRISE THE TRI-COUNTY AREA OF THIS STATE.

H. 3761 -- Reps. Keyserling, White and Cork: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT-JASPER ECONOMIC OPPORTUNITY COMMISSION ON ITS TWENTY-FIVE YEARS OF SERVICE TO THE CITIZENS OF THE LOWCOUNTRY AND COMMEND THE COMMISSION FOR ITS UNWAVERING COMMITMENT AND DEDICATION TO FIGHTING POVERTY IN OUR STATE AND IMPROVING THE LIVES OF THOUSANDS OF FAMILIES AND INDIVIDUALS.

ADJOURNMENT

At 7:00 P.M. the House in accordance with the motion of Rep. LITTLEJOHN adjourned in memory of Fred "Doug" Teaster of Pacolet, to meet at 10:00 A.M. tomorrow.

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