Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Eternal God, our Father, help us to make use of Your presence to purify, Your light to lead, Your love to transform for so often we walk the ways of doubt, denial and disillusionment. Strip from us all selfishness, all indifference, and all else that would hinder us from entering into a more perfect partnership with our God. Deliver us from fear that would weaken our faith, from error that would obscure and blind our vision, and from doubts that would dwarf and deplete our energies.

Lord, in Your mercy hear our prayer. 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.

Rep. McGINNIS moved that when the House adjourns it adjourn in memory of Mrs. Betty Moore of Duncan, which was agreed to.

The Senate sent to the House the following:

S. 1210 -- Senators Nell W. Smith and Moore: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 11, 1992, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, thirty percent of the population of South Carolina is children; and

Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and

Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and

Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and

Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to the children and to the future of South Carolina. Now, therefore,

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

That the week beginning October 11, 1992, is designated "South Carolina Children's Week" and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.

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

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

H. 4373 -- Reps. Cooper, Beatty, Chamblee, Waldrop, Townsend, Shirley, A. Young, Marchbanks, Cato, Vaughn, L. Martin and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO PROVIDE AN INDIVIDUAL INCOME TAX CREDIT NOT TO EXCEED ONE HUNDRED DOLLARS FOR CERTAIN EXPENSES OF VOLUNTEER FIREFIGHTERS AND VOLUNTEER EMERGENCY MEDICAL SERVICE WORKERS.

Referred to Committee on Ways and Means.

H. 4374 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT, PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.

Referred to Committee on Judiciary.

H. 4375 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE LIMITS OF A MUNICIPALITY WHICH BORDERS THE HIGH TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO DELETE THE PURPOSES FOR THE DETERMINATION OF THE CORPORATE LIMIT LINE AND REDEFINE THE CORPORATE LIMITS FOR THESE MUNICIPALITIES.

Referred to Committee on Judiciary.

H. 4376 -- Reps. A. Young, Meacham, Smith, Sturkie, Clyborne, G. Bailey, Hallman, Wofford, Holt, Wells, Harwell, Farr, McCraw, Vaughn, Baker, Cato, Neilson, Mattos, Wilkins, Riser, Koon, J. Brown, Byrd, Council, L. Elliott, Anderson, Baxley, Taylor, Scott, Kirsh, Carnell, Felder, R. Young, Haskins, Cobb-Hunter, Corbett, Phillips, Bruce, Foster, Littlejohn, Canty, D. Elliott, Hyatt, Snow, K. Burch and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT ANY AUTOMOBILE CREDIT OR DISCOUNT FOR DRIVER TRAINING CREDIT IS APPLICABLE TO ALL PERSONS WHO COMPLETE AN APPROVED DRIVER TRAINING COURSE.

Referred to Committee on Labor, Commerce and Industry.

H. 4377 -- Reps. McLeod, Smith, Stone, Shirley, Canty, Riser, D. Williams, Glover, Shissias, Sturkie, D. Elliott, Byrd, Scott, Klapman, McElveen and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-275 SO AS TO PROVIDE A PROCEDURE FOR SUSPENDING THE DRIVER'S LICENSES OF PERSONS UNDER THE AGE OF EIGHTEEN FOR CERTAIN VIOLATIONS, AND TO PROVIDE FOR PROHIBITING, OR ALLOWING, IN CERTAIN INSTANCES AN INCREASE IN THE AUTOMOBILE INSURANCE PREMIUMS OF SUCH PERSONS.

Referred to Committee on Education and Public Works.

S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

Referred to Fairfield Delegation.

S. 1116 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO REVISE THESE DEFINITIONS; TO AMEND SECTION 44-22-60, RELATING TO RIGHTS OF PATIENTS UPON ADMISSION TO A FACILITY, SO AS TO CLARIFY THAT RIGHTS OF PATIENTS APPLY WHEN ADMITTED TO A DEPARTMENT OF MENTAL HEALTH FACILITY RATHER THAN TO ANY MENTAL HEALTH RESIDENTIAL PROGRAM; TO AMEND SECTION 44-22-70, RELATING TO INDIVIDUALIZED TREATMENT PLANS, SO AS TO PROVIDE THAT SUCH PLAN MUST BE REVIEWED IN A LONG-TERM CARE FACILITY EVERY NINETY DAYS RATHER THAN EVERY SIXTY DAYS; TO AMEND SECTION 44-22-100, RELATING TO CONFIDENTIALITY OF RECORDS, CERTIFICATES, APPLICATIONS, AND REPORTS, SO AS TO CLARIFY THAT THIS CONFIDENTIALITY EXTENDS TO CERTAIN OTHER CHAPTERS IN TITLE 44; TO AMEND SECTION 44-22-120, RELATING TO CERTAIN RIGHTS THAT PATIENTS ARE ASSURED, SO AS TO INCLUDE THE RIGHT TO CARE FOR ONE'S OWN CLOTHING WHEN ABLE TO DO SO AND TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED PERSONAL PROPERTY WHEN A PATIENT IS DISCHARGED; TO AMEND SECTION 44-22-150, RELATING TO MECHANICAL RESTRAINTS ON PATIENTS, SO AS TO PROVIDE THAT THE RESTRAINTS MUST BE REMOVED EVERY TWO HOURS; TO AMEND SECTION 44-22-210, RELATING TO A PATIENT'S TEMPORARY LEAVE OF ABSENCE, SO AS TO EXTEND THE LIMITATION ON SUCH A LEAVE FROM FOURTEEN TO NINETY DAYS; AND TO REPEAL SECTIONS 44-17-650, 44-23-1010, 44-23-1060, AND 44-52-180 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

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

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch, K.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cole
Cooper                 Corbett                Cork
Corning                Council                Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Foster                 Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Hyatt
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McTeer                 Meacham                Nettles
Phillips               Quinn                  Rama
Rhoad                  Riser                  Ross
Rudnick                Sharpe                 Sheheen
Shirley                Shissias               Smith
Stoddard               Stone                  Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Wofford                Wright                 Young, A.
Young, R.

I came in after the roll call and was present for the Session on Thursday, February 6.

E.B. McLeod                       Curtis Inabinett
Tim Rogers                        John G. Felder
J.L. Mann Cromer                  William D. Boan
Denny Neilson                     John J. Snow
Ralph W. Canty                    C. Lenoir Sturkie
Alex Harvin, III

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

Rep. COLE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 5.

Announcement was made that Dr. John B. Eberly of Taylors is the Doctor of the Day for the General Assembly.

Rep. HOLT moved to adjourn debate upon the following Bill until Thursday, February 13, which was adopted.

S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

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

S. 1096 -- Senator Mullinax: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR COUNTY MAGISTRATES' COURTS, SO AS TO REVISE THE JURY AREAS FOR ANDERSON COUNTY BY PROVIDING FOR ONE JURY AREA COUNTYWIDE.

S. 988 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.

S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.

Rep. WRIGHT explained the Bill.

H. 4084 -- Rep. Harvin: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-14-342 IN CLARENDON COUNTY.

On motion of Rep. TUCKER, with unanimous consent, it was ordered that S. 1096 be read the third time tomorrow.

On motion of Rep. TUCKER, with unanimous consent, it was ordered that S. 988 be read the third time tomorrow.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 11, which was adopted.

H. 4158 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY LEVY WITHOUT LIMITATION THAT TAX MILLAGE IT CONSIDERS NECESSARY TO PROVIDE FOR THE GENERAL OPERATIONS OF THE DISTRICT, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

The following Bill was taken up.

H. 4159 -- Rep. Manly: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE AUTHORIZED MILLAGE WHICH MAY BE LEVIED, AND TO DELETE CERTAIN PROVISIONS PERTAINING TO THE AUTHORIZED TAX MILLAGE OF THE DISTRICT AND ITS FISCAL AFFAIRS.

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

The following Bill was taken up.

H. 4284 -- Rep. Wilkins: A BILL TO ESTABLISH A PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN GREENVILLE COUNTY PLUS ONE PERCENT, TO PROVIDE EXCEPTIONS, TO AUTHORIZE A LARGER INCREASE UPON APPROVAL BY THE COUNTY LEGISLATIVE DELEGATION, AND TO REPEAL ACTS 284 OF 1989 AND 251 OF 1991, RELATING TO THE GREENVILLE COUNTY SCHOOL DISTRICT AND ITS AUTHORIZED ANNUAL TAX MILLAGE.

The Bill was read the third time, and ordered sent to the Senate by a division vote of 9 to 4.

The following Bill was taken up.

H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4220 -- Rep. Wilkins: A BILL TO AMEND ACT 251 OF 1991, RELATING TO THE TAX MILLAGE WHICH MAY BE LEVIED FOR THE OPERATION OF THE GREENVILLE COUNTY SCHOOL DISTRICT BY THE BOARD OF TRUSTEES, SO AS TO DELETE ANY AUTHORIZATIONS TO INCREASE THE MILLAGE OF THE DISTRICT ABOVE THE EIGHTY-NINE MILL LEVY WHICH IS PRESENTLY AUTHORIZED.

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

The following Bill was taken up.

H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8049.BD), which was adopted.

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

/SECTION     1.     Section 50-11-120 of the 1976 Code, as last amended by Act 18 of 1991, is further amended to read:

"Section 50-11-120.     (A)     Except as specified below, in this section the season for hunting small game is Thanksgiving Day through March first; provided that. However, there is no open season on grouse except in Game Zone 1.

(1)     Game Zone 1:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: September fifteenth October first through January thirty- March first with weapons and dogs.;

(c)     fox: year round but no weapons may be used from January second to through August fifteenth.;

(d)     raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(2)     Game Zone 2:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: October first through February fifteenth March first with weapons and dogs.;

(c)     fox: year round but no weapons may be used from January second to through August fifteenth.;

(d)     raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(3)     Game Zone 3:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: Thanksgiving Day October first through February fifteenth; between September fifteenth and Thanksgiving Day squirrels may be hunted without dogs March first with weapons and dogs.;

(c)     fox: year round but no weapons may be used from January second to through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(4)     Game Zone 4:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     Squirrel: October first through Thanksgiving Day with weapons and without dogs and Thanksgiving Day through February fifteenth March first with dogs and weapons.;

(c)     fox: year round but no weapons may be used from February fifteenth to through August fifteenth.;

(d)     raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(5)     Game Zone 5:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: September fifteenth to Thanksgiving Day without dogs and Thanksgiving Day October first through March first with weapons and dogs.;

(c)     fox: year round but no weapons may be used from January second to through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(6)     Game Zone 6:

(a)     Rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: October fifteenth to Thanksgiving Day without dogs; Thanksgiving Day first through March first with dogs and weapons.;
(c)     fox: August fifteenth through March fifteenth. Notwithstanding the provisions of this section, it is unlawful to hunt foxes, with or without firearms, in Game Zone No. 6 between March fifteenth and August fifteenth. However, there is no closed season for the running of foxes with dogs for the purpose of training the dogs in a private enclosed fox-hunting-dog-training facility.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;

(e)     quail: Monday before Thanksgiving Day to through the first Saturday in March with weapons; October first to through the Monday before Thanksgiving Day without weapons.;

(7)     Game Zone 7:

(a)     Rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: October first through March first with dogs and weapons.;

(c)     fox: year round but no weapons may be used from January second through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;

(e)     mink: September fifteenth through March first.;             (f)     muskrat: September fifteenth through March first.;

(g)     otter: September fifteenth through March first.;

(h)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(8)     Game Zone 8:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: September fifteenth to Thanksgiving Day without dogs; Thanksgiving Day October first through February fifteenth March first with weapons and dogs.;

(c)     fox: year round but no weapons may be used from January second to through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only.;

(e)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(9)     Game Zone 9:

(a)     Rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     Squirrel: without dogs from September fifteenth to Thanksgiving Day; Thanksgiving Day October first through March first with weapons and dogs.;

(c)     quail: from Thanksgiving Day through the first Saturday in March.;

(d)     fox: year round without weapons; with weapons from September first through January first.;

(e)     raccoon and opossum: September fifteenth through October fourteenth, and from; March second through March fifteenth without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that period time between official sunset one day and official sunrise the following day.;

(f)     mink: November first through March first.;

(g)     muskrat: November first through March first.;

(h)     otter: November first through March first.;

(i)     skunk: November first through March first.;

(j)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(10)     Game Zone 10:

(a)     Rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     Squirrel: October first through March first with weapons and dogs.;

(c)     fox: year round but without weapons from January second to through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons, and with dogs only.;

(e)     mink: September fifteenth through March first.;

(f)     muskrat: September fifteenth through March first.;

(g)     otter: September fifteenth through March first.;

(h)     quail: October first to through Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons.;

(11)     Game Zone 11:

(a)     rabbit: September first to through Thanksgiving Day without weapons; Thanksgiving Day to through March first with weapons.;

(b)     squirrel: September October first to Thanksgiving Day without dogs; Thanksgiving Day through March first with weapons and dogs.;

(c)     fox: year round but without weapons from January second to through August fifteenth.;

(d)     raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only. Hunting of raccoon in Game Zone 11 must be at night.;

(e)     quail: Monday before Thanksgiving Day through March first with weapons; October first to through the Monday Sunday before Thanksgiving Day without weapons.;

(B)     In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department.

(C)     All of The above season dates in this section are to be inclusive, except as otherwise provided. It is unlawful to hunt any a game animal except during the seasons provided and as specified above in this section. Unless otherwise specified above during a small game season when weapons are allowed, dogs also may be used."

SECTION     2.     Section 50-11-150, as last amended by Act 170 of 1989, is further amended to read:

"Section 50-11-150.     For purposes of this section, day means the time between one-half hour before sunrise on one day and one-half hour before sunrise on the following day. Night means the time between official sunset on one day and official sunrise on the following day. Where bag limits are specified on 'a night' basis, and there is a day season specified in Section 50-11-120, there is no limit on game taken during daylight hours. It is unlawful to exceed the small game bag limits as follows: Small game bag limits:

(1)     Game Zone 1:

(a)     quail: ten a day;

(b)     grouse: three a day;

(c)     Rabbit: five a day;

(d)     squirrel: twelve ten a day;

(e)     fox: no limit;

(f)     raccoon: three a party a night;

(g)     opossum: three a party a night;

(2)     Game Zone 2:

(a)     quail: ten a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: three a party a night;

(f)     opossum: three a party a night;

(3)     Game Zone 3:

(a)     quail: fifteen a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: no limit;

(f)     opossum: no limit;

(4)     Game Zone 4:

(a)     quail: fifteen a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: three a party a night;

(f)     opossum: three a party a night;

(5)     Game Zone 5:

(a)     quail: ten a day;

(b)     rabbit: five a day;

(c)     squirrel: no limit ten a day;

(d)     fox: no limit;

(e)     raccoon: three a party a day night;

(f)     opossum: no limit;

(6)     Game Zone 6:

(a)     Quail: fifteen a day;

(b)     rabbit: five a day;

(c)     squirrel: twelve ten a day;

(d)     fox: no limit;

(e)     raccoon: no limit;

(f)     opossum: no limit;

(7)     Game Zone 7:

(a)     quail: ten a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: no limit;

(f)     opossum: no limit;

(8)     Game Zone 8:

(a)     quail: twelve a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: three a party a night;

(f)     opossum: no limit;

(9)     Game Zone 9:

(a)     quail: fifteen a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: two a party a night;

(f)     opossum: no limit;

(10)     Game Zone 10:

(a)     quail: ten a day;

(b)     rabbit: five a day;

(c)     squirrel: ten a day;

(d)     fox: no limit;

(e)     raccoon: three raccoons a night;

(f)     opossum: no limit;

(11)     Game Zone 11:

(a)     quail: fifteen a day;

(b)     rabbit: five a day;

(c)     squirrel: twelve ten a day;

(d)     fox: no limit;

(e)     raccoon: no limit;

(f)     opossum: no limit."

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

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.

Rep. RHOAD explained the Bill.

Rep. KLAPMAN made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 4118 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING STAMPS AND PERMITS ISSUED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, SO AS TO DECREASE THE AMOUNT OF THE FEES FOR CHARTER VESSEL PERMITS.

Rep. KLAPMAN made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 4194 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 9, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL LIVESTOCK PROVISIONS, BY ADDING ARTICLE 7 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

Rep. BENNETT made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.

Rep. BENNETT made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

Rep. McELVEEN made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12074.DW), which was adopted.

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

/SECTION     1.     Section 33-6-210(e) of the 1976 Code is amended to read:

"(e)     Except as otherwise provided in subsection (f), The the corporation must place in escrow shares issued for a contract for future services or benefits or for a promissory note. Any share dividends in respect of the shares escrowed also must be placed in escrow. Distributions in respect of escrowed shares must be escrowed or credited against their purchase price. The shares and distributions escrowed shall must remain in escrow until the services are performed, the note is paid, or the benefits are received. If the services are not performed, the note is not paid, or the benefits are not received, the shares escrowed and the distributions credited may be canceled in whole or in part and the distributions escrowed may be reclaimed by the corporation."

SECTION     2.     Section 33-6-210 of the 1976 Code is amended by adding:

"(f)     A corporation subject to the reporting requirement of the Securities Exchange Act of 1934 may issue shares for a contract for future services without having to place the shares and share dividends and distributions in respect of the shares in escrow and without having to credit distributions against their purchase price if the shares are issued or authorized pursuant to a plan that has been approved by the shareholders of the corporation."

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

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. HODGES spoke upon the Bill.

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

H. 3632 is a Bill deleting the requirement that stock options and dividends be placed in an escrow account by a publicly traded company. Publicly traded companies already are required to submit incentive compensation plans to its stockholders for approval pursuant to the Securities and Exchange Act, and there is little need for a regulation of this nature at the State level.

While I do not work for a publicly traded company, I do work for the Springs Company, an entity owned by the Close family of Fort Mill, S.C. The legal department at Springs Industries pointed out the need for this amendment to the S.C. Corporate Code. The Bill was submitted to several law professors at the University of South Carolina prior to consideration, and they indicated no objection. I have no personal or financial interest in the Bill.

I did not vote on this Bill, but offered an explanation.

Rep. HODGES

The following Bill was taken up.

S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.

Rep. KLAPMAN made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 4033 -- Rep. Hayes: A BILL TO AMEND SECTION 44-71-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DISCRIMINATION IN HOSPICE PROGRAMS, SO AS TO REVISE THE BASIS FOR DISCRIMINATION TO INCLUDE ABILITY OR INABILITY TO PAY AND DIAGNOSIS OF PATIENT AND TO CLARIFY THAT A HOSPICE MAY NOT DISCRIMINATE ON THESE GROUNDS IN ACCEPTING PATIENTS OR IN PROVIDING SERVICES.

Rep. WILKINS made the point of order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the point of order.

The following Bill was taken up.

H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2048.AC).

Amend the bill, as and if amended, Section 5-23-100(3), by inserting /the granting of/ after /preclude/ and inserting /local adjustment/ between /the/ and /board/ so that when amended Section 5-23-100(3) reads:

/(3)     To authorize upon appeal in specific cases such variance from the terms of any ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinance will result in unnecessary hardship and so that the spirit of such ordinance is observed and substantial justice done; provided, however, a municipality may by ordinance require an affirmative vote of two-thirds of the board members present and voting before a variance may be granted for a use of land, a building, or a structure that is prohibited in a given district by ordinance or resolution a municipality by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district and, if it does permit such a variance, it may require the affirmative vote of two-thirds of the local adjustment board members present and voting./

Amend title to conform.

Rep. BAXLEY explained the amendment.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

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

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18763.SD).

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

/SECTION     1.     Notwithstanding the provisions of Section 59-63-765 of the 1976 Code, for school year 1993-94 each school district shall implement in each school in the district a nutritional, well-balanced school breakfast program.

SECTION     2.     The State Board of Education may grant a waiver of the requirements of Section 1 of this act to a school which lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such equipment or facilities would cause an extreme hardship. Waivers may also be granted if participation in the program is too small to allow the program to be cost-effective. The waiver may be permanent or may be of a specified length of time as determined by the board. The State Board of Education shall promulgate those regulations necessary to implement the provisions of this act.

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

Renumber sections to conform.

Amend title to conform.

Rep. WRIGHT explained the amendment.

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

The SPEAKER sustained the Point of Order.

Rep. HOLT moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

The following Bill was taken up.

H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.

Rep. WRIGHT explained the Bill.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.

The Education And Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18762.SD).

Amend the bill, as and if amended, in Section 59-31-65 of the 1976 Code, as contained in Section 1, by striking /and local/ on line 24 of page 1.

When amended, Section 59-31-65 shall read:

/Section     59-31-65.     State funds for the acquisition of textbooks in the public schools of this State may also be used to acquire instructional technology and other similar materials which have been approved by the State Board of Education. The procedures applicable to the use of these funds to acquire textbooks are also applicable to the acquisition of instructional technology and other similar materials. The State Board of Education shall promulgate those regulations necessary to implement the provisions of this section./

Amend title to conform.

Rep. WRIGHT explained the amendment.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3625.AL).

Amend the bill, as and if amended, Section 56-1-365 as contained in SECTION 1, by striking the fifth paragraph beginning on page 2, line 37, and inserting:

/If the defendant surrenders a driver's license at the time of conviction of an offense that requires the suspension or revocation of a driver's license and it is later found that the license surrendered was not the most recent driver's license issued to that person or if that person applies for and obtains a driver's license after conviction but before being eligible to receive a license, the department must revoke that person's driving privilege for an additional one year beyond all other applicable suspension or revocation periods./

When amended Section 56-1-365 shall read:

/Section 56-1-365.     Any A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended as part of the punishment shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment may be indicted and, upon conviction, must be fined not exceeding more than five hundred dollars.

The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

If the defendant surrenders a driver's license at the time of conviction of an offense that requires the suspension or revocation of a driver's license and it is later found that the license surrendered was not the most recent driver's license issued to that person or if that person applies for and obtains a driver's license after conviction but before being eligible to receive a license, the department must revoke that person's driving privilege for an additional one year beyond all other applicable suspension or revocation periods.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."/

Amend title to conform.

Rep. FARR explained the amendment.

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

The SPEAKER sustained the Point of Order.

The following Concurrent Resolution was taken up.

H. 4077 -- Rep. Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.

Whereas, the members of the General Assembly were shocked and saddened to learn during the legislative interim of the death of Trooper Marvin L. Titus of the South Carolina Highway Patrol, who died in the line of duty on November 21, 1991; and

Whereas, the ultimate sacrifice made by this outstanding young law enforcement officer while he was serving to protect the good people of this State brings to mind the dangers faced by all who serve in the field of law enforcement as they pursue their duties to protect and to serve the public; and

Whereas, the members of the General Assembly believe it appropriate to honor the memory of the distinguished service and great sacrifice of Trooper Titus by naming the Bamberg Highway Patrol Office for him; and

Whereas, this gesture will be some small tangible display of the esteem in which Trooper Titus was held by his patrol colleagues, other law enforcement personnel, his friends and family, and, indeed, all the Bamberg community. Now, therefore,

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

That the South Carolina Highways and Public Transportation Commission is requested to honor the memory of Highway Patrolman Marvin L. Titus, who died in the line of duty on November 21, 1991, by naming the Bamberg Highway Patrol Office the Marvin L. Titus building.

Be it further resolved that a copy of this resolution be forwarded to the Chairman of the South Carolina Department of Highways and Public Transportation Commission.

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

The following Concurrent Resolution was taken up.

H. 4201 -- Reps. Keyserling, J. Bailey, Rogers, Whipper, Manly and Waites: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE BUDGET ENFORCEMENT ACT OF 1991 TO ALLOW FOR TRANSFERS OF SAVINGS IN THE MILITARY ACCOUNT TO THE DOMESTIC BUDGET; TO SIGNIFICANTLY REDUCE MILITARY SPENDING TO A LEVEL MORE APPROPRIATE TO THE POST COLD WAR WORLD ENVIRONMENT BY TRANSFERRING THESE SAVINGS TO MEET THE SOCIAL AND ECONOMIC NEEDS OF THIS COUNTRY; AND TO DEVELOP A MECHANISM TO PROVIDE FOR THE TIMELY AND ORDERLY CONVERSION FROM A MILITARY TO A CIVILIAN ORIENTED ECONOMY.

Whereas, the State of South Carolina faces an increasing array of critical unmet needs which cannot be met by state revenues; and

Whereas, state and local government responsibility for providing human services and paying for its infrastructure has increased over the past decade as have federal mandates to do so; and

Whereas, federal aid to states and communities has dropped from twenty-nine and four-tenths percent to sixteen percent of their budgets over the past decade; and

Whereas, this budget crisis results in deep cuts in human services which will increase homelessness, hunger, and health risks for our citizens; results in severe cuts in local aid, public schools, day care and higher education; results in deep cuts in public health and hazardous waste clean-up, endangering the health of our citizens; results in cuts that will debilitate safety, corrections, and youth services; and further results in cuts in infrastructure maintenance and repair, increasing transportation problems and endangering public safety; and

Whereas, the recent end to the Cold War and the death of communism have greatly reduced the need for military spending. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, memorialize the United States Congress to amend the Budget Enforcement Act of 1991 to allow for transfers of savings in the military account to the domestic budget.

Be it further resolved that Congress significantly reduce military spending to a level more appropriate to the post Cold War world environment, thereby providing savings that can and will be transferred to meet the country's enormous social and economic needs.

Be it further resolved that, in order to avoid unnecessary economic dislocation there be developed a mechanism to provide for the timely and orderly conversion from a military to a civilian oriented economy.

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

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

The following Concurrent Resolution was taken up.

H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.

Whereas, in June, 1991, the State of South Carolina suffered the tremendous loss of an outstanding leader and public servant with the untimely and tragic death of State Development Board Chairman Currie B. Spivey, Jr.; and

Whereas, Currie Spivey was a former chairman of the Greater Greenville Chamber of Commerce and served on the board of directors for the State Department of Health and Environmental Control, Greenville's Freedom Weekend Aloft, Liberty Corporation, Technology for Energy Corporation, Wofford College, and the Governor's School for the Arts; and,

Whereas, he was a former chairman of the South Carolina Advisory Board for the Southeast U.S.-Japan Association and had served on the boards of the State Board for Technical and Comprehensive Education, the South Carolina Chamber of Commerce, the Blue Ridge Boy Scout Council, Leadership South Carolina, Clemson University Foundation, Greenville Metropolitan YMCA, University of South Carolina's President's Advisory Council, and Clemson University's Capital Campaign; and

Whereas, in 1958 he graduated from Clemson University with a degree in industrial management, and he received the Clemson Alumni Association's Distinguished Service Award, its highest honor, in 1988; and

Whereas, he served in the Army as an airplane pilot until 1961 and joined Daniel Construction Company in 1963, where he rose quickly through the ranks and was named president in 1977 and chairman in 1982; and

Whereas, after the international Fluor Corporation bought Daniel Construction, he was named a group vice president; and

Whereas, in 1984 he bought Ballenger Group, Inc., now Ballenger Industrial & Commercial Services, Inc.; and

Whereas, he was devoted to his work as chairman of the State Development Board and was instrumental in the growth of the State; and

Whereas, his impact was great, and his loss will be painfully felt for a very long time; and

Whereas, a trust to enhance and promote new elements of business development in South Carolina in memory of Currie B. Spivey, Jr., truly would be a fitting memorial to the talents, dedication, vision, and hard work of this outstanding individual; and

Whereas, it is the sentiment and firm wish of the General Assembly that the State Development Board take the necessary steps to have such a trust set up to memorialize the good name and excellent works of Currie Spivey for the benefit of all the people of this State. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, expresses deepest sorrow at the death in June, 1991, of Currie B. Spivey, Jr., chairman of the State Development Board, and extends sympathy to his family and many friends and requests the State Development Board to take the necessary steps to set up a trust in memory of Currie Spivey to enhance and promote new elements of business development in South Carolina, in accordance with the provisions of this resolution.

Be it further resolved that a copy of this resolution be forwarded to Mr. Spivey's widow, Mrs. Currie B. Spivey, Jr., his daughter, Beth Paschal, in care of Equity Advantage, Inc., Columbia, South Carolina, and the members and the director of the State Development Board.

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

The following Concurrent Resolution was taken up.

S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS TO OPPOSE AND PREVENT ANY ATTEMPT TO ALLOW NONVETERANS THE USE OF VA MEDICAL FACILITIES.

Whereas, this Nation and the State of South Carolina owe a debt of gratitude to the men and women of the Armed Forces who have valiantly defended our Nation and the principles of democracy against foreign aggressors; and

Whereas, these veterans have earned not only the respect and admiration of our citizens but also the financial and medical benefits as provided them under federal legislation; and

Whereas, these financial and medical benefits of our country's veterans represent a covenant and an obligation of the United States and its government to them; and

Whereas, there are over three hundred fifty thousand veterans currently living in South Carolina who are able to take advantage of the services of the VA Medical Centers in Charleston and Columbia, and of the Richard Michael Campbell Veterans Nursing Home in Anderson; and

Whereas, the Secretary of the Department of Veterans Affairs has recently proposed a plan called the Rural Health Care Initiative which would allow nonveterans the use of VA medical facilities; and

Whereas, it is difficult enough now for veterans to obtain from the VA Medical Centers the health care and treatment they deserve without adding additional patients to the system; and

Whereas, the members of the General Assembly, by this resolution, express their opposition to the Rural Health Care Initiative on the grounds that the plan may result in the unjust denial of medical services to the veterans of our Nation and State who have rightly earned them. Now, therefore,

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

That the members of the General Assembly hereby memorialize Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans to use VA medical facilities.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the Department of Veterans Affairs and the members of this state's congressional delegation.

Rep. FOSTER explained the Concurrent Resolution.

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

The following Concurrent Resolution was taken up.

H. 4328 -- Reps. Tucker and Cooper: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.

Rep. COOPER moved to adjourn debate upon the Concurrent Resolution until Thursday, March 5, which was adopted.

Rep. PHILLIPS moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Bailey, G.             Baker                  Brown, G.
Brown, H.              Clyborne               Farr
Fulmer                 Gonzales               Hallman
Hendricks              Kinon                  Littlejohn
Marchbanks             McCraw                 McGinnis
Phillips               Wilkins                Williams, D.
Young, R.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, J.             Baxley                 Beasley
Bennett                Boan                   Brown, J.
Bruce                  Burch, K.              Byrd
Carnell                Cato                   Chamblee
Cobb-Hunter            Cole                   Corbett
Cork                   Corning                Council
Cromer                 Elliott, D.            Elliott, L.
Fair                   Harris, J.             Harris, P.
Harrison               Haskins                Holt
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kirsh
Klapman                Koon                   Lanford
Martin, L.             Martin, M.             Mattos
McAbee                 McElveen               McTeer
Meacham                Neilson                Quinn
Rama                   Riser                  Rogers
Rudnick                Sharpe                 Sheheen
Shissias               Smith                  Snow
Stone                  Taylor                 Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilder                 Wofford
Wright                 Young, A.

So, the House refused to adjourn.

Rep. BOAN moved to dispense with the Motion Period.

As a first substitute Rep. J. BROWN moved to recur to the morning hour.

As a second substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.

The following Bill was taken up.

S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.

Rep. J. HARRIS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12048.DW).

Amend the bill, as and if amended, in Section 9-11-25 of the 1976 Code, as contained in SECTION 4, page 3, line 30, by inserting after /judges/ /and municipal judges/.

Amend title to conform.

Rep. J. HARRIS explained the amendment.

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

Rep. McGINNIS moved to adjourn debate upon the Bill until Tuesday, February 11, which was adopted.

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

The following was received.
Columbia, S.C., February 5, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Spartanburg County Master-in-Equity, with term to expire June 30, 1997:

Initial Appointment under Act 678 of 1988:

Mr. Thomas J. Dezern, P.O. Box 882, Spartanburg South Carolina 29304

President of the Senate

Received as information.

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

H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.

Ordered for consideration tomorrow.

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

H. 4378 -- Reps. J. Bailey and Barber: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGHWAY BONDS SO AS TO CREATE A STATE HIGHWAY BOND FUND ACCOUNT AND TO PROVIDE FOR THE REPAYMENT OF BONDS FROM REVENUE DERIVED FROM TAXES LEVIED BY SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, AND 12-27-1240; TO REPEAL SECTIONS 12-27-1260 THROUGH 12-27-1300 RELATING TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING THE MOBILITY AND SAFETY PROGRAM AND TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE OF LAWS.

Referred to Committee on Ways and Means.

H. 4379 -- Reps. Keyserling, Barber, Hendricks, Rogers, Whipper, McLeod, McElveen, McTeer, Wilkes, Houck, J. Bailey, Foster, Holt, L. Elliott, D. Martin, Inabinett, Baxley, McKay, Kempe, Waites, Cromer, Manly, Bennett, McAbee, Boan, Jennings, Hodges, Glover, Farr, Cato, D. Williams, Harvin, Cooper, Fulmer, Sharpe, Corbett, Meacham, A. Young, Tucker, Wright, Wells, Rudnick, M. Martin, Hallman, Mattos, Neilson, M. O. Alexander, Sheheen, Byrd, Harrelson, Shirley, J. Brown, Keegan, Anderson, Waldrop, Scott, Gonzales, D. Elliott, Harrison, Shissias, Corning, Quinn, Cork, Altman, Snow, Sturkie, Hyatt, Phillips, Cobb-Hunter, Kinon and McGinnis: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.

Referred to Committee on Ways and Means.

H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4383 -- Rep. Rogers: A BILL TO AMEND SECTION 56-3-1260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES UPON TRANSFER OF OWNERSHIP OF VEHICLE, SO AS TO ALLOW TRANSFER OF REGISTRATION AND PLATES; AND TO AMEND SECTION 56-3-1270, RELATING TO APPLICATION FOR NEW REGISTRATION AND PLATES UPON TRANSFER OF OWNERSHIP, SO AS TO ALLOW THE TRANSFER OF REGISTRATION AND PLATES.

Referred to Committee on Education and Public Works.

The following was introduced:

H. 4381 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO RECOMMEND THAT AGENCIES OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE STATE AGENCY OF VOCATIONAL REHABILITATION, EMPLOY QUALIFIED PERSONS WITH HANDICAPPING CONDITIONS AS TEMPORARY AND PERMANENT EMPLOYEES.

Whereas, the citizens of the State of South Carolina who have handicapping conditions are significantly more likely to be unemployed than are nonhandicapped citizens; and

Whereas, the State Agency of Vocational Rehabilitation provides training in a variety of professional and technical fields for persons with handicapping conditions; and

Whereas, it is appropriate for agencies of the State of South Carolina to take the initiative to employ qualified persons with handicapping conditions, trained by the State Agency of Vocational Rehabilitation or other agencies with job training programs, for temporary and permanent positions when available. Now, therefore,

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

That the members of the General Assembly recommend that agencies of the State of South Carolina, in cooperation with the State Agency of Vocational Rehabilitation and other agencies with job training programs, employ qualified persons with handicapping conditions as temporary and permanent employees when positions are available.

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

The following was introduced:

H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.

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

The following Bill was taken up.

S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

Rep. GONZALES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18787.SD), which was adopted.

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

/SECTION     2.     Section 7-7-145 of the 1976 Code is repealed./

Amend title to conform.

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

On motion of Rep. HOLT, with unanimous consent, it was ordered that S. 1137 be read the third time tomorrow.

Rep. PHILLIPS moved that the House do now adjourn.

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

The following Bill was taken up.

H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.

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

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

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

The SPEAKER sustained the Point of Order.

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

S. 1067 -- Senators Setzler and Rose: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE AREAS OF NEED WHICH JUSTIFY CANCELLATION OF THE STUDENT LOAN AT A SPECIFIED RATE AND TO PROVIDE THAT BEGINNING JULY 1, 1989, RECIPIENTS OF A SOUTH CAROLINA STUDENT LOAN MAY HAVE THEIR LOANS CANCELED AT AN ACCELERATED RATE IF THEY TEACH IN BOTH AN ACADEMIC CRITICAL NEED AREA AND IN A GEOGRAPHIC NEED AREA.

H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4356 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (ASHLEY RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4364 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FUNERAL SERVICES, RELATING TO EXAMINATIONS, CONTINUING EDUCATION, AND RECIPROCITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1386, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CHAMBLEE explained the Joint Resolution.

The following Joint Resolution was taken up.

H. 4353 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

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

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 4372 -- Reps. Felder, Foster, Bennett, Cobb-Hunter, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White, D. Williams, Rhoad and Council: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.

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

The SPEAKER sustained the Point of Order.

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

At 11:15 A.M. the House in accordance with the motion of Rep. McGINNIS adjourned in memory of Mrs. Betty Moore of Duncan, to meet at 10:00 A.M. tomorrow.

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