South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, MAY 10, 1994

Tuesday, May 10, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

It didn't take long, Lord, for us to discover that in these places of leadership that criticism would inevitably come. Not one of us is immuned to it. So when criticism comes, as surely it will, help us to handle it aright: if it is untrue, help us to disregard it; if it is unfair, keep us steadfast in our efforts; if it is absent of facts, make us charitable; and most of all if it is justified, enable us to learn from it.

We make our prayer to an all-knowing God Who, in His wise providence, has placed us in these unique places of service to Your children and Who is always present to help us along the road of life. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. T.C. ALEXANDER moved that when the House adjourns, it adjourn in memory of James M. Brown of Oconee County, which was agreed to.

INVITATION

The following was taken up for immediate consideration and accepted.

May 2, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Department of Education cordially invites you and the members of the South Carolina House of Representatives to attend a ribbon cutting ceremony and continental breakfast to celebrate the opening of the South Carolina Literacy Resource Center.

The ceremony will be held on May 19, 1994, at the new office of the Resource Center located at 1722 Main Street at 8:00 A.M. We are excited about what this Center can provide for our city and State with the newest in technology and literacy resources. The Center is being funded by the S.C. Department of Education and through a grant from the Governor's Office.

We will follow up with your office one week before the event to get an approximate count of those who wish to attend. If you have any questions, please call the Resource Center directly at 929-2562 or 929-2563. We look forward to you sharing this important event with us.

Sincerely,
Barbara Stock Nielsen, Ed.D.
State Superintendent of Education

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1765
Promulgated By The Board of Education
South Carolina Minimum Specifications Guide for Relocatable Classrooms
Received By Speaker May 6, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date April 12, 1995

Document No. 1773
Promulgated By State Board of Medical Examiners, Department of Labor, Licensing, and Regulation
Requirements to Take Step 3 of the USMLE Examination
Received By Speaker May 5, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date April 11, 1995

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

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

REPORT OF STANDING COMMITTEE

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4049 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE REAL ESTATE INSPECTION COMPANIES TO BE REGISTERED WITH THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION AND TO PROVIDE TO THE COMMISSION CERTAIN BONDING AND LIABILITY INSURANCE CERTIFICATION.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 5197 -- Rep. Williams: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BOYS BASKETBALL TEAM OF MACEDONIA HIGH SCHOOL OF BERKELEY COUNTY, AND TO THE COACHES AND SCHOOL OFFICIALS, ON WEDNESDAY, MAY 18, 1994, FOR THE PURPOSE OF BEING CONGRATULATED ON WINNING THE 1994 STATE TITLE IN CLASS AA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the boys basketball team of Macedonia High School of Berkeley County, and to the coaches and school officials, on Wednesday, May 18, 1994, at a time to be determined by the Speaker of the House of Representatives, for the purpose of being congratulated on winning the 1994 state title in Class AA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5198 -- Reps. Koon, McCraw, McAbee, Cromer, Sturkie, Fulmer, Whipper, Byrd, J. Bailey, Holt, J. Brown and Harrell: A CONCURRENT RESOLUTION FORMALLY REQUESTING THE UNIVERSITY OF SOUTH CAROLINA TO ALLOW THE COLLEGE OF CRIMINAL JUSTICE AT THE UNIVERSITY TO REMAIN A COLLEGE RATHER THAN BE RENAMED THE "SCHOOL OF CRIMINAL JUSTICE" AND PLACED UNDER THE COLLEGE OF HUMANITIES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5199 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING KAREN E. BURGESS OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HER ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5200 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING JAMES E. MAHONEY, JR., OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5201 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING CHRISTOPHER A. MEREDITH OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5202 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. BETH ANN HOLTZCLAW OF ANDERSON ON RECEIVING THE "YOUTH IN ACTION" AWARD FROM THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5203 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. LINDA JO ANDERSON OF BELTON ON BEING NAMED THE RECIPIENT OF THE "SERVICE TO THE CHILD" AWARD BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5204 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. WILLIE MAE LEE OF BELTON ON BEING NAMED THE "COMMUNITY VOLUNTEER OF THE YEAR" BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1404 -- Senators Patterson, Giese, Jackson and Courson: A CONCURRENT RESOLUTION CONGRATULATING JOHN W. FLING OF COLUMBIA ON BEING NAMED THE "1994 OUTSTANDING OLDER SOUTH CAROLINIAN".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1406 -- Senators Giese, J. Verne Smith and Richter: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

Whereas, each year 8,000 of America's children die from unintentional injuries while an additional 50,000 are permanently disabled; and

Whereas, on average, one child dies of an injury in South Carolina every twenty-one and one-half hours, and South Carolina's childhood injury rate is twenty-two percent higher than the national rate; and

Whereas, these tragic injuries, so called "accidents", are often predictable and preventable; and

Whereas, May 8-14, 1994, has been proclaimed National SAFE KIDS Week, and during that week hundreds of communities nationwide will be focusing on childhood injury prevention activities; and

Whereas, the South Carolina SAFE KIDS Coalition, which is affiliated with the National SAFE KIDS Campaign, has been established to help promote awareness and prevent childhood injury by uniting diverse groups into local coalitions; and

Whereas, the National SAFE KIDS Campaign, supported by Johnson and Johnson, is uniting with state and local SAFE KIDS coalitions and other childhood injury prevention activities to provide vital child safety information. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares Wednesday, May 11, 1994, as "SAFE KIDS DAY".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1407 -- Senators Land and Leventis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF CHARLES ALEXANDER HARVIN, JR., OF SUMMERTON WHO DIED SUNDAY, MAY 8, 1994, AND OFFER PRAYERS TO OUR FRIEND AND COLLEAGUE, CHARLES ALEXANDER HARVIN, III.

Whereas, Mr. Charles Alexander Harvin, Jr., died Sunday, May 8, 1994. Born in Summerton, he was a son of the late Charles Alexander and Alethea Davis Harvin; and

Whereas, Mr. Harvin was one of South Carolina's pioneer motor carriers, founding Harvin Truck Lines in the early 1930's. In 1979, the South Carolina Department of Highways and Public Transportation named U.S. 301 between Summerton and Manning the Alex Harvin Highway; and

Whereas, Mr. Harvin received distinguished service awards from the South Carolina Farm Bureau and the South Carolina Mental Health Association, was awarded the Silver Beaver by the Pee Dee Boy Scout Council, and received The Order of the Palmetto in 1979; and

Whereas, he was named Director Emeritus of the South Carolina Trucking Association and served for more than fifty years on its state board of directors, was named Vice Chairman Emeritus of the South Carolina Mental Health Commission, was a former member of the Electoral College for the president and vice president, was a special guest of President Carter at his inauguration, and was chairman or an officer of numerous professional and service organizations; and

Whereas, Mr. Harvin was the Founder of the Clarendon Country Club, a Mason and Shriner, a member of Summerton Masonic Lodge 105, Santee Shrine Club and the Omar Temple, and a member of Summerton Presbyterian Church, where he served as a deacon and church treasurer for forty years; and

Whereas, surviving are his wife, Thomasine Graham Harvin; a son, Charles Alexander Harvin, III, of Summerton; a daughter, Thomasine Rogas of Santa Monica, California, a sister, Marie McDuffie of Forest City, North Carolina; and three grandchildren; and

Whereas, the members of the General Assembly are proud to recognize this outstanding South Carolinian and to serve with his son. Now, therefore,

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

That the members of the General Assembly express their deepest sympathy to the family and many friends and admirers of Charles Alexander Harvin, Jr., of Summerton who died Sunday, May 8, 1994, and offer prayers to our friend and colleague, Charles Alexander Harvin, III.

Be it further resolved that a copy of this resolution be forwarded to the Harvin family.

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

INTRODUCTION OF BILLS

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

H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

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

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

Referred to Committee on Ways and Means.

S. 1288 -- Senator McConnell: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MAY MEAN VOLUNTARY OR INVOLUNTARY SEPARATION.

Referred to Committee on Judiciary.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 5182 -- Rep. Anderson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE REVEREND JOSEPH D. MATHIS OF GREENVILLE COUNTY ON WEDNESDAY, MAY 18, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR HIS EXEMPLARY LIFETIME OF SERVICE TO OTHERS AND BEING PRESENTED A CONCURRENT RESOLUTION TO THIS EFFECT.

H. 5182--ADOPTED

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

H. 5182 -- Rep. Anderson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE REVEREND JOSEPH D. MATHIS OF GREENVILLE COUNTY ON WEDNESDAY, MAY 18, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR HIS EXEMPLARY LIFETIME OF SERVICE TO OTHERS AND BEING PRESENTED A CONCURRENT RESOLUTION TO THIS EFFECT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Reverend Joseph D. Mathis of Greenville County, at a time to be determined by the Speaker, on Wednesday, May 18, 1994, for the purpose of being recognized and honored for his exemplary lifetime of service to others and being presented a concurrent resolution to this effect.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

H. 5138--AMENDED, ADOPTED AND SENT TO THE SENATE

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

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

Amend Title To Conform

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

That the YMCA Youth in Government middle school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Friday, March 17, 1995, from 8:30 A.M. until 5:30 P.M. on that day, to conduct a Youth in Government middle school program, if the House of Representatives and the Senate are not in statewide session on that day.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9220JM.94), which was adopted.

Amend the resolution, as and if amended, by striking the first paragraph immediately following the resolving words, beginning on line 25, page 1, and ending on line 37, page 1, and inserting:

/That the YMCA Youth in Government middle school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Friday, March 17, 1995, from 8:30 A.M. until 5:30 P.M. on that day, to conduct a Youth in Government middle school program, if the House of Representatives and the Senate are not in statewide session on that day./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

H. 5139--AMENDED, ADOPTED AND SENT TO THE SENATE

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

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

Amend Title To Conform

Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and

Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters. Now, therefore,

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

That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Thursday, December 1, 1994, and Friday, December 2, 1994, from 8:30 A.M. until 5:30 P.M. on both days, to conduct a Youth in Government high school program, if the House of Representatives and the Senate are not in statewide session on those days.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9221JM.94), which was adopted.

Amend the resolution, as and if amended, by striking the first paragraph immediately following the resolving words beginning on line 38, page 1, and ending on line 9 on page 2, and inserting:

/That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Thursday, December 1, 1994, and Friday, December 2, 1994, from 8:30 A.M. until 5:30 P.M. on both days, to conduct a Youth in Government high school program, if the House of Representatives and the Senate are not in statewide session on those days.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

H. 4912--ORDERED TO THIRD READING

On motion to Rep. McTEER, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

Whereas, one-third of all female homicides result from an attack by a husband or boyfriend, and a married woman is six times more likely to be attacked by her husband than by a stranger; and

Whereas, according to the State Law Enforcement Division, thirty and one-half percent of the 73,931 assaults reported in 1992 in South Carolina involved domestic assaults; and

Whereas, in 1992, spouse abuse constituted fifty-seven and one-tenth percent of the domestic assaults reported in South Carolina; and

Whereas, domestic assaults against women result in more injuries requiring medical treatment than muggings, rapes, and car accidents combined; and

Whereas, in 1992, 33,064 children were involved in newly reported cases of physical abuse, sexual abuse, neglect, mental injury, or threat of harm and in thirty percent of these cases, the Department of Social Services substantiated that the abuse or neglect occurred; and

Whereas, domestic and family violence is considered by law enforcement officials to present one of the most clear and present dangers for officers and deputies responding to a call. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     (A)     There is created an advisory committee on family violence to the Joint Legislative Committee on Children and Families. The seven member advisory committee is made up of the following membership:

(1)     one representative from the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(2)     a family court judge;

(3)     a magistrate;

(4)     a representative from law enforcement;

(5)     a representative from the University of South Carolina's Center on Family and Society;

(6)     a representative from the field of public health; and

(7)     a representative from a batterer's program.

(B)     The chairman of the Joint Legislative Committee on Children and Families shall appoint the membership of the advisory committee. Organizations specified as members of the advisory committee may submit a list of nominees from their respective organizations from which the chairman may select an appointee.

(C)     At its first meeting, the advisory committee shall elect a chairman from among its members.

(D)     Vacancies occurring on the advisory committee must be filled in the same manner as the original appointment.

SECTION     2.     The advisory committee shall:

(1)     examine and study the problem of family violence in this State;

(2)     develop a long-term plan for comprehensive intervention services in this State by January 1, 1995;

(3)     recommend statutory changes to improve and strengthen the state's statutes on family and domestic violence;

(4)     recommend programs and policies as it considers appropriate to address and eliminate the problems associated with family violence;

(5)     conduct surveys and research as may be necessary.

SECTION     3.     (A)     The advisory committee may procure information and assistance from an officer or agency of the State or a subdivision. All officers and agencies shall give the advisory committee all relevant information and reasonable assistance on matters of research within their knowledge and control.

(B)     The expenses, resources, and staffing of the advisory committee must be shared by the membership of the advisory committee and there may be no new appropriated state funds for use by the advisory committee.

(C)     The members of the advisory committee shall serve without compensation, per diem, subsistence, or mileage reimbursement.

(D)     The advisory committee shall formally report its findings and recommendations to the Joint Legislative Committee on Children and Families at least once during the legislative session at a full meeting of the joint committee.

(E)     The advisory committee terminates July 1, 1997, unless the General Assembly by joint resolution continues the advisory committee for a specified period of time.

SECTION     4.     This joint resolution takes effect upon approval by the Governor.

Rep. McTEER explained the Joint Resolution.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hines
Hodges                 Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Sturkie                Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 10.

J. Michael Baxley                 F.G. "Greg" Delleney, Jr.
Teddy N. Trotter                  Charles R. Sharpe
Irene K. Rudnick                  Robert W. Harrell, Jr.
William S. Houck, Jr.             Jerry N. Govan, Jr.
E.B. McLeod, Jr.                  Douglas Jennings, Jr.
Lindsey O. Graham                 Eugene C. Stoddard
Joseph T. McElveen, Jr.           Robert E. Walker
Grady A. Brown
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to the death of his father.

The SPEAKER granted Rep. THOMAS a leave of absence to attend a funeral.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Gaston G. Machado of Aiken is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

ORDERED ENROLLED FOR RATIFICATION

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

S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.

S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

H. 5086--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 11, which was adopted.

H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS

H. 4402--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, May 11, which was adopted.

H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

S. 992--DEBATE ADJOURNED

The following Bill was taken up.

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7820BDW.94).

Amend the bill, as and if amended, by striking Section 50-11-140, page 3, beginning on line 29, and inserting:

/Section 50-11-140.     During any a period in which raccoons, and opossums, or fox are allowed to be hunted without firearms weapons, it is unlawful to take, attempt to take, or hunt such game the animals when carrying on one's person or in one's vehicle any a firearm, saw, ax, artificial calling device, or tree-climbing device. Mouth-operated calling devices may be used in field trials as provided by the department./

Amend further by deleting SECTION 4, page 4, beginning on line 1.

Renumber sections to conform.

Amend title to conform.

Rep. RHOAD explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 11, which was adopted.

S. 443--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 5, by the Committee on Judiciary.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4973--RECOMMITTED TO THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

The following Bill was taken up.

H. 4973 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

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

S. 674--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.

Reps. BAXLEY, HINES and NEILSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20827SD.94), which was adopted.

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

/SECTION ____.     Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )     solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal;"/

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 10; Nays 82

Those who voted in the affirmative are:

Alexander, M.O.        Boan                   Brown, H.
Holt                   Keyserling             Kirsh
Mattos                 Rhoad                  Riser
Sheheen

Total--10

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Bailey, G.             Baker                  Barber
Baxley                 Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Cobb-Hunter
Corning                Davenport              Delleney
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hines                  Hodges                 Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Marchbanks             Martin
McAbee                 McCraw                 McKay
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Richardson             Robinson               Rudnick
Scott                  Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stone                  Stuart
Sturkie                Trotter                Vaughn
Waites                 Wells                  Whipper
White                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--82

So, the House refused to table the amendment.

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

Reps. KOON and STURKIE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20828SD.94), which was ruled out of order.

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

/SECTION     ____.     Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Article 10
Property Tax Relief
Sales Tax Act

Section 12-36-1010.     This article may be cited as the Property Tax Relief Sales Tax Act.

Section 12-36-1020.     An additional tax equal to two percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.

Section 12-36-1030.     (A)     Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1995, the revenue from the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund.

(B)     The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all school districts of the State outstanding as of July 1, 1995.

(C)     (1)     After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall next distribute revenues in the Property Tax Relief Fund quarterly to the several school districts in the manner and in the amounts specified in item (2) based on the proportion that the one hundred thirty-five day average daily membership of the district is to the State total one hundred thirty-five day average daily membership.

(2)     A school district shall receive each year from the Property Tax Relief Fund an amount not less than the district's ad valorem tax revenues for property tax year 1994. Beginning with revenues credited to the fund in fiscal year 1996-97, the amount distributed each year to a school district under this item must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December thirty-first of the preceding year and adjusted to reflect any required increases in local effort under the Education Improvement Act and the Education Finance Act.

(D)     Sales, use, and casual excise tax revenues not credited to the Property Tax Relief Fund must be distributed for the purposes and in the proportions applicable for the distribution of such revenues in fiscal year 1993-94.

(E)     Any funds remaining in the Property Tax Relief Fund in any year after the required distributions to school districts as provided herein and after any other required distributions shall be deposited to the credit of the Education Improvement Act of 1984 Fund.

Section 12-36-1040.     For property tax year 1995, the millage imposed by a school district is reduced by fifty percent over the millage rate imposed by the district in the prior tax year. After 1995 and until all outstanding general obligation bonds issued by a school district are repaid, no school district may impose a property tax except to avoid default on general obligation bonds of the district. When all outstanding general obligation bonds of a school district are repaid, no property tax may be levied by the school district for any purpose.

Section 12-36-1050.     After June 30, 1995, no general obligation bonds of a school district may be issued pledging property tax revenues for repayment and no bonds of a school district pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."

SECTION     ____.     Section 12-36-2110 of the 1976 Code, as amended by Section 3, Part III, Act 449 of 1992, is further amended to read:

"Section 12-36-2110.     (A)     The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1)     aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2)     motor vehicle;

(3)     motorcycle;

(4)     boat;

(5) (2)     trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;    

(3)     commercial vehicles with a manufacturer's gross weight rating in excess of ten thousand pounds.

(6)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:

(1) subtract trade-in allowance from the sales price;

(2) multiply the result from (1) by sixty-five percent;

() if the result from (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;

(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.

However, a manufactured home that has not been previously occupied as a dwelling is exempt from any tax that may be due above three hundred dollars as a result of the calculation in subitem (4) if it meets these energy efficiency standards: storm or double pane glass windows, insulated or storm doors, an actual installed insulation value of R-11 for walls and R-19 for floors, and R-0 for ceilings. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency standards above. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.

Notwithstanding the rates of tax imposed by this chapter, a rate of three percent is imposed on the sale or lease of motor vehicles and motorcycles and on the sale or lease of each:

(1)     boat;

(2)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;

(3)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower;

(4)     manufactured home,

(5)     musical instrument, or

(6)     item of machinery for research and development.    

In the case of a lease of an item subject to the tax limit imposed by this subsection, the total tax rate required by law applies on each payment. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.

(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."

SECTION     .     Section 12-36-2120 of the 1976 Code, as last amended by an Act of 1994 bearing ratification number 296, is further amended to read:

"Section 12-36-2120.     Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:

(1)     tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;

(2)     tangible personal property sold to the federal government;

(3)     textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;

(4)(3)     livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;

(5)(4)     feed used for the production and maintenance of poultry and livestock;

(6)(5)     insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;

(7)(6)     containers and labels used in:

(a)     preparing agricultural, dairy, grove, or garden products for sale; or

(b)     preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.

For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;

(8)     newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;

(9)     coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:

(a)     use or consumption in the production of by-products;

(b)     the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;

(c)     the generation of electric power or energy for use in manufacturing tangible personal property for sale; or

(d)     the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;

(10)(7)     (a)     meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;

(b)     meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;

(11)     (a) toll charges for the transmission of voice or messages between telephone exchanges;

(b) charges for telegraph messages; and

(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;

(12)     water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;

(13)     fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;

(14)     wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;

(15)(8)     gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Department of Revenue and Taxation as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;

(16)(9)     farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;

(17)     machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;

(18)(10)     fuel used exclusively to cure agricultural products;

(19)     electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacture' includes the activities of processors;

(20)     railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;

(21)     vessels and barges of more than fifty tons burden;

(22)     materials necessary to assemble missiles to be used by the Armed Forces of the United States;

(23)(11)     farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producer's immediate family;

(24)     supplies and machinery used by laundries, cleaning, dyeing, or pressing establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;

(25)     motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state;

(26)     all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;

(27)     all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;

(28)(12)     medicine and prosthetic devices sold by prescription; hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician; and dental prosthetic devices;

(29)(13)     Reserved; food which may be purchased lawfully with United States Department of Agriculture food stamps;

(30)     office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;

(31)     vacation time sharing lease plans as provided by Chapter 32 of Title 27;

(32)(14)     natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;

(33)     electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;

(34)     thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;

(35)     motion picture film sold or rented to or by theaters;

(36)     tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;

(37)     petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;

(38)     hearing aids, as defined by Section 40-25-20(5);

(39)     concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:

(a)     all the net proceeds are used for those purposes;

(b)     the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and

(c)     in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a 'festival' does not include a recognized state or county fair;

(40)     containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;

(41)     items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;

(42)     depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.

(43)     all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;

(44)(15)     electricity used to irrigate crops;

(45)(16)     gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.

(46)     War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;

(47)     tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient."

SECTION     ____.     The unnumbered sections adding Article 10, Chapter 36 of Title 12, and amending Sections 12-36-2110 and 12-36-2120 take effect July 1, 1995.

SECTION     ____.     The additional revenue generated each fiscal year beginning on July 1, 1995, as determined by the State Treasurer from the amendments to Sections 12-36-2110 and 12-36-2120 of the 1976 Code as contained in this act must be transferred from the state general fund to the credit of the Property Tax Relief Fund herein established and used for purposes of the fund./

Renumber sections to conform.

Amend totals and title to conform.

Rep. STURKIE explained the amendment.

POINT OF ORDER

Rep. WAITES raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

Rep. STURKIE argued contra the Point in stating that it definitely affected sales tax exemptions and was related to sales tax. He further stated that the heading of the Bill related to sales tax and the amendment also reflected that.

The SPEAKER stated that the House had adopted Amendment No. 1 at this point which provided for an additional exemption from sales taxes.

Rep. McTEER stated that there was precedence from last week when the Chair ruled that the amendment went so far beyond the intent of the Bill that it was ruled out of order even though some loose connection could be made of germaneness.

Rep. STURKIE stated that the amendment did go to some different degree of scope as far as the Bill was concerned, but that it definitely did relate to the Bill and within the Rules it would be germane.

The SPEAKER stated that it did relate to sales tax exemptions but the major part was to increase the sales tax and eliminate the property tax and the only way to effectively do that was to repeal some exemptions and that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. FELDER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6005HTC.94).

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

/SECTION ___.     A.     Section 12-7-1250(A) of the 1976 Code, as added by Act 488 of 1988, is further amended to read:

"(A)     A corporate taxpayer is allowed as a credit against taxes due pursuant to Section 12-7-230 an amount equal to fifty percent, not to exceed ten thousand dollars annually, of expenses paid or accrued by the taxpayer in building or improving any one infrastructure project. Any unused credit, up to a total amount of thirty thousand dollars, may be carried forward three years."

B.     Section 12-7-1250 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:

"(F)     A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by Section 12-7-1250(A) on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

(G)     The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its unused credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation to another corporation."

C.     This section is effective for taxable years beginning after 1987.

SECTION ___.     A.     Section 41-44-30 of the 1976 Code, as added by Act 643 of 1988, is amended by adding at the end:

"A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by this section on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its unused credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation to another corporation."

B.     This section is effective for taxable years beginning after 1987./

Renumber sections to conform.

Amend title to conform.

Rep. FELDER explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 11, which was adopted.

S. 712--DEBATE ADJOURNED

Rep. A. YOUNG moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted.

S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.

S. 73--INTERRUPTED DEBATE

The following Bill was taken up.

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5908HTC.94).

Amend the bill, as and if amended, by striking Section 4-20-40, as contained in SECTION 1, page 4, and inserting:

/Section 4-20-40.     County council shall by ordinance provide for the operations of the community recreation special tax district which shall include the creation of a commission consisting of three to seven members elected by the qualified electors of the district. County council shall set the term of office for the members of the commission. All members elected to the commission must reside in the district, and no member of the commission shall receive compensation for service on the commission./

Amend title to conform.

Rep. GONZALES explained the amendment.

Rep. CLYBORNE moved that the House recede until 2:30 P.M.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 17; Nays 84

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Bailey, J.
Brown, G.              Brown, J.              Carnell
Elliott                Farr                   Harris, P.
Holt                   Martin                 McAbee
Phillips               Rogers                 Snow
Tucker                 Young, R.

Total--17

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Bailey, G.             Baker                  Beatty
Boan                   Breeland               Brown, H.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harris, J.             Harrison               Harwell
Haskins                Hines                  Hodges
Houck                  Huff                   Hutson
Inabinett              Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Quinn
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stone                  Stuart                 Sturkie
Trotter                Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, J.
Wilkins                Williams               Witherspoon
Wofford                Wright                 Young, A.

Total--84

So, the House refused to adjourn.

POINT OF ORDER

Rep. RICHARDSON raised the Point of Order that 1:00 P.M. having arrived, the House should stand in recess until 2:15 P.M. in accordance with Rule 6.1.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1, Rep. GONZALES having the floor.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

LEAVES OF ABSENCE

The SPEAKER granted Reps. PHILLIPS, McTEER, P. HARRIS and G. BROWN a leave of absence for the remainder of the day.

The SPEAKER granted Rep. FELDER a leave of absence.

Rep. HOLT moved that the House do now adjourn.

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

Yeas 21; Nays 38

Those who voted in the affirmative are:

Askins                 Bailey, G.             Bailey, J.
Baxley                 Boan                   Delleney
Farr                   Hodges                 Holt
Houck                  Jennings               Kirsh
Martin                 McCraw                 Rudnick
Sheheen                Spearman               Stoddard
Tucker                 Wilder, D.             Wilkes

Total--21

Those who voted in the negative are:

Baker                  Brown, H.              Cato
Clyborne               Corning                Fair
Fulmer                 Gamble                 Gonzales
Graham                 Harrell                Harrison
Haskins                Huff                   Keegan
Kelley                 Klauber                Koon
Law                    Marchbanks             Quinn
Richardson             Riser                  Robinson
Sharpe                 Shissias               Smith, D.
Smith, R.              Stone                  Stuart
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--38

So, the House refused to adjourn.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

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

POINT OF ORDER

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

Rep. TUCKER moved that the House recur to the Morning Hour.

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

Yeas 33; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Baxley
Boan                   Chamblee               Cromer
Delleney               Elliott                Farr
Harrelson              Harris, J.             Hodges
Holt                   Houck                  Jennings
Keyserling             Kirsh                  McCraw
McKay                  Rhoad                  Rogers
Rudnick                Sheheen                Spearman
Stoddard               Tucker                 Wilder, D.
Wilder, J.             Wilkes                 Worley

Total--33

Those who voted in the negative are:

Allison                Baker                  Beatty
Breeland               Brown, H.              Cato
Clyborne               Cobb-Hunter            Cooper
Corning                Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Hines                  Huff                   Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McMahand               Meacham
Quinn                  Richardson             Riser
Robinson               Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stone                  Stuart                 Trotter
Vaughn                 Walker                 Wells
Whipper                Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--55

So, the House refused to recur to the Morning Hour.

S. 73--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. GONZALES having the floor.

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 11, by the Committee on Ways and Means.

Rep. GONZALES continued speaking and moved to table the amendment, which was agreed to.

Rep. GONZALES moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.

S. 1182--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5906HTC.94).

Amend the bill, as and if amended, in Section 11-1-85, as contained in Section 1, page 1, line 27, by striking /indenture/ and inserting /indenture, ordinance, or resolution/ and on line 33 by striking the period and inserting /or its tax base./ so that when amended, Section 11-1-85 reads:

"Section 11-1-85.     Notwithstanding any other provision of law, a tax-exempt bond issued by or on behalf of any public or private body or entity must include in the issuing indenture, ordinance, or resolution a covenant requiring the issuer to file with a central repository for availability in the secondary bond market when requested:

(1)     an annual independent audit, within thirty days of the issuer's receipt of the audit, and

(2)     event specific information, within thirty days of an event adversely affecting more than five percent of revenue or its tax base."

Amend title to conform.

Rep. BOAN explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. BOAN having the floor.

SPECIAL ORDERS INSISTED UPON

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

S. 920--RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up.

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Rep. McABEE moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

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

Yeas 24; Nays 63

Those who voted in the affirmative are:

Anderson               Askins                 Beatty
Byrd                   Cato                   Cobb-Hunter
Cooper                 Harrelson              Hines
Inabinett              Koon                   Lanford
Littlejohn             Marchbanks             McAbee
Neal                   Rhoad                  Robinson
Sharpe                 Spearman               Trotter
Whipper                White                  Williams

Total--24

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Baxley
Brown, H.              Chamblee               Clyborne
Corning                Cromer                 Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Haskins                Hodges
Houck                  Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Law
McCraw                 McElveen               McKay
McMahand               Meacham                Moody-Lawrence
Neilson                Richardson             Riser
Rudnick                Sheheen                Shissias
Simrill                Smith, R.              Snow
Stille                 Stone                  Stuart
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Wilder, D.             Wilkes                 Witherspoon
Wofford                Worley                 Wright

Total--63

So, the House refused to commit the Bill.

Rep. McABEE spoke against the Bill.

Rep. CORNING moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 66; Nays 38

Those who voted in the affirmative are:

Allison                Anderson               Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Delleney
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrison
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             McMahand
Meacham                Moody-Lawrence         Neal
Quinn                  Richardson             Riser
Robinson               Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Trotter
Vaughn                 Walker                 Wells
Whipper                White                  Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--66

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Cromer
Elliott                Farr                   Harrelson
Harris, J.             Harwell                Hodges
Holt                   Houck                  Jennings
Keyserling             Koon                   McAbee
McCraw                 McKay                  Rhoad
Rogers                 Rudnick                Sheheen
Snow                   Spearman               Stille
Stoddard               Tucker                 Waites
Waldrop                Wilder, D.             Wilder, J.
Wilkes                 Worley

Total--38

So, having received the necessary vote, immediate cloture was ordered.

Rep. McABEE continued speaking.

Rep. KIRSH spoke in favor of the Bill.

Rep. HODGES moved that the House do now adjourn.

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

Yeas 38; Nays 70

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Barber                 Baxley                 Boan
Carnell                Elliott                Farr
Harris, J.             Harwell                Hodges
Holt                   Houck                  Jennings
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McKay
Neilson                Rhoad                  Rogers
Rudnick                Sheheen                Snow
Spearman               Stille                 Stoddard
Townsend               Tucker                 Waites
Waldrop                Wilder, D.             Wilder, J.
Wilkes                 Worley

Total--38

Those who voted in the negative are:

Allison                Anderson               Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harrison
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McElveen               McMahand
Meacham                Neal                   Quinn
Richardson             Riser                  Robinson
Scott                  Sharpe                 Shissias
Simrill                Smith, R.              Stone
Stuart                 Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--70

So, the House refused to adjourn.

Rep. KIRSH continued speaking.

Rep. HODGES spoke against the Bill.

Reps. CROMER and J. WILDER spoke in favor of the Bill.

Reps. INABINETT and HARWELL spoke against the Bill.

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

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

Yeas 44; Nays 61

Those who voted in the affirmative are:

Anderson               Askins                 Bailey, G.
Beatty                 Breeland               Brown, J.
Byrd                   Cato                   Cobb-Hunter
Cooper                 Harrelson              Harwell
Hines                  Hodges                 Holt
Houck                  Inabinett              Jaskwhich
Kennedy                Klauber                Koon
Lanford                Littlejohn             Marchbanks
Martin                 McAbee                 McKay
McMahand               Moody-Lawrence         Neal
Neilson                Rhoad                  Robinson
Scott                  Snow                   Spearman
Stoddard               Trotter                Tucker
Whipper                White                  Wilder, J.
Williams               Worley

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Baxley
Boan                   Chamblee               Clyborne
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harrison               Haskins
Hutson                 Jennings               Keegan
Kelley                 Keyserling             Kirsh
Law                    Mattos                 McCraw
McElveen               Meacham                Quinn
Richardson             Riser                  Rogers
Rudnick                Sheheen                Shissias
Simrill                Smith, R.              Stille
Stone                  Stuart                 Sturkie
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Wilder, D.
Wilkes                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--61

So, the House refused to commit the Bill.

LEAVE OF ABSENCE

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

Rep. MARTIN spoke against the Bill.

Rep. McABEE moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.

POINT OF ORDER

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

Rep. WILKES spoke in favor of the Bill.

Rep. JENNINGS spoke against the Bill.

Rep. ROGERS spoke in favor of the Bill.

Reps. HARRELSON and SNOW spoke in favor of the Bill.

Rep. HODGES moved to recommit the Bill.

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

Yeas 34; Nays 72

Those who voted in the affirmative are:

Anderson               Askins                 Beatty
Breeland               Brown, J.              Byrd
Cato                   Cobb-Hunter            Cooper
Govan                  Harwell                Hines
Hodges                 Holt                   Inabinett
Kennedy                Klauber                Koon
Littlejohn             Marchbanks             Martin
McAbee                 Moody-Lawrence         Neal
Rhoad                  Robinson               Scott
Spearman               Trotter                Tucker
Whipper                White                  Wilder, J.
Williams

Total--34

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Baker                  Barber
Baxley                 Boan                   Brown, H.
Chamblee               Clyborne               Corning
Cromer                 Davenport              Delleney
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Hallman
Harrell                Harrelson              Harris, J.
Harrison               Haskins                Houck
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Law
McCraw                 McKay                  Meacham
Neilson                Quinn                  Richardson
Riser                  Rogers                 Rudnick
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Stille                 Stoddard
Stone                  Stuart                 Sturkie
Townsend               Vaughn                 Waites
Waldrop                Walker                 Wells
Wilder, D.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--72

So, the House refused to recommit the Bill.

Rep. WILKES moved that the House do now adjourn.

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

Yeas 19; Nays 84

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Baxley
Farr                   Harrelson              Harris, J.
Harwell                Houck                  Mattos
McAbee                 McCraw                 Rhoad
Rogers                 Rudnick                Snow
Waites                 Wilder, D.             Wilder, J.
Wilkes

Total--19

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Baker                  Barber
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrison               Haskins                Hines
Hodges                 Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kirsh                  Klauber
Law                    Littlejohn             Marchbanks
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--84

So, the House refused to adjourn.

The Bill was then read the third time and ordered sent to the Senate with amendments.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: S. 920     General Subject Matter: Agriculture Tax

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JAMES J. BAILEY

S. 88--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

Reps. CORNING and HASKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15962AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 44-41-75(A) and inserting:

/Section 44-41-75.     (A)     A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.

(B)     The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section./

Amend further by adding the following appropriately numbered sections to read:

/SECTION     ______.     Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".

SECTION     ______.     Chapter 41, Title 44 of the 1976 Code is amended by adding:

"Article 3
Woman's Right to Know

Section 44-41-310.     This article may be cited as the 'Woman's Right to Know Act'.

Section 44-41-320.     As used in this article:

(1)     'Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

(2)     'Probable gestational age of the embryo or fetus' means what, in the judgment of the attending physician based upon the attending physician's examination and medical history given by the woman, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.

Section 44-41-330.     (A)     Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:

(1)     The woman must be informed by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.

(2)     The woman must be informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. If the woman chooses to view the materials, a copy of the materials must be furnished to her.

(3)     The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.

(4)     Before performing the abortion, the physician who is to perform or induce the abortion or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.

(B)     Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health professional to the person upon whom the abortion procedure is to be performed.

(C)     No abortion may be performed sooner than two hours after the woman receives the written materials and certifies this fact to the physician or his agent. This subsection (C) does not apply in the case of a medical emergency.

(D)     If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply. However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.

(E)     Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.

(F)     In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).

(G)     This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).

Section 44-41-340.     (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:

(1)     geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;

(2)     materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;

(3)     materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying-to-full-term;

(4)     materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;

(5)     materials designed to inform the woman of the mechanisms available for obtaining child support payments.

(B)     The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.

(C)     The materials required under this section must be available from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.

Section 44-41-350.     A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.

Section 44-41-360.     In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.

Section 44-41-370.     If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."

SECTION     ______.     The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.

SECTION     _____.     If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by this act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable./

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 73; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Baxley
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Cromer                 Davenport              Delleney
Fair                   Fulmer                 Gamble
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harrison
Haskins                Hodges                 Holt
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             Mattos
McCraw                 McElveen               McKay
McMahand               Meacham                Moody-Lawrence
Neilson                Quinn                  Riser
Robinson               Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Townsend
Trotter                Tucker                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--73

Those who voted in the negative are:

Askins                 Brown, J.              Cobb-Hunter
Neal                   Rudnick                Shissias
White

Total--7

So, the amendment was adopted.

RECORD FOR JOURNAL

Had I been in the Chamber, I would have voted yes, in favor of the amendment.

Rep. WILLIAM S. HOUCK, JR.

Rep. CORNING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\16000AC.94), which was tabled.

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 44-41-75.     (A)     A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic.

(B)     The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."

SECTION     2.     Section 44-41-10(d) of the 1976 Code is amended to read:

"(d)     'Hospital' means those institutions licensed for hospital operation by the department in accordance with the provisions of Section 44-7-310 Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions."

SECTION     3.     Section 44-41-70 of the 1976 Code is amended to read:

"Section 44-41-70.     (a)     The department shall promulgate and enforce rules and regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.

(b)     The department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)."

SECTION     4.     Section 44-93-100 of the 1976 Code, as added by Act 134 of 1989, is amended to read:

"Section 44-93-100.     All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:

(1)     the provisions of Section 44-93-90(A) of this chapter; and

(2)     the management of the following infectious waste:

(a)     sharps must be contained in rigid puncture-resistant containers and may be disposed of as other solid waste;

(b)     cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;

(c)     products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;

(c)     (d)     all other infectious waste may be disposed of as other solid waste."

SECTION     5.     Section 44-7-130 of the 1976 Code is amended by adding at the end:

"(22)     'Facilities wherein abortions are performed' means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month."

SECTION     6.     Section 44-7-260(A) of the 1976 Code is amended by adding at the end:

"(13)     facilities wherein abortions are performed."

SECTION     7.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CORNING moved to table the amendment.

Rep. RUDNICK requested that the Bill be read.

The Reading Clerk read the Bill.

Rep. CORNING moved to table the amendment.

The amendment was then tabled by a division vote of 67 to 2.

Rep. RUDNICK proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\16015AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(C).

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. WELLS moved to table the amendment, which was agreed to by a division vote of 49 to 6.

Rep. RUDNICK proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16009AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:

/( )     Subsection (C) does not apply to a woman if in the opinion of a physician waiting two hours before obtaining the abortion would cause the woman severe emotional distress and this is documented in her medical record./

Reletter subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CROMER spoke against the amendment.

Rep. FAIR moved to table the amendment.

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

Yeas 58; Nays 17

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Cromer
Davenport              Fair                   Gamble
Harris, J.             Harrison               Harwell
Haskins                Hodges                 Holt
Huff                   Hutson                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Marchbanks             Mattos
McCraw                 Meacham                Neilson
Quinn                  Rhoad                  Riser
Robinson               Sharpe                 Sheheen
Simrill                Smith, R.              Spearman
Stone                  Stuart                 Sturkie
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--58

Those who voted in the negative are:

Askins                 Bailey, G.             Baxley
Breeland               Brown, J.              Byrd
Cobb-Hunter            Govan                  Hines
Inabinett              Keyserling             McElveen
Moody-Lawrence         Richardson             Rudnick
Shissias               Whipper

Total--17

So, the amendment was tabled.

LEAVE OF ABSENCE

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

Rep. RUDNICK proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\CYY\16011AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(C) and inserting:

/(C)     No abortion may be performed sooner than one hour after the physician determines the certification required by subsection (A)(3) has been signed. This subsection does not apply in the case of a medical emergency./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 66; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Cromer
Davenport              Delleney               Fulmer
Gamble                 Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hodges                 Houck                  Hutson
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Koon                   Law                    Littlejohn
Marchbanks             Mattos                 McCraw
Meacham                Riser                  Robinson
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Trotter                Tucker
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--66

Those who voted in the negative are:

Askins                 Baxley                 Breeland
Brown, J.              Byrd                   Cobb-Hunter
Hines                  Keyserling             Moody-Lawrence
Neilson                Richardson             Rudnick

Total--12

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\CYY\16018AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(C) and inserting:

/(C) No abortion may be performed sooner than thirty minutes after the physician determines the certification required by subsection (A)(3) has been signed. This subsection does not apply in a medical emergency./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 59; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Barber                 Brown, H.
Brown, J.              Cato                   Clyborne
Cooper                 Cromer                 Davenport
Delleney               Gamble                 Govan
Hallman                Harrell                Harris, J.
Harrison               Harwell                Haskins
Hodges                 Houck                  Hutson
Jaskwhich              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Littlejohn             Marchbanks             Martin
Mattos                 McCraw                 McKay
Meacham                Riser                  Robinson
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Sturkie                Trotter
Tucker                 Walker                 Wells
Wilder, D.             Witherspoon            Worley
Young, A.              Young, R.

Total--59

Those who voted in the negative are:

Baxley                 Byrd                   Keyserling
Moody-Lawrence         Rudnick                Shissias
Stoddard

Total--7

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\CYY\16019AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-320(1) and inserting:

/(1)     'Medical emergency' means a condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of the mother's death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily or mental functions./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WILKES spoke against the amendment.

Rep. WILKES 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 44 to 19.

Rep. RUDNICK moved that the House do now adjourn.

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

Yeas 25; Nays 67

Those who voted in the affirmative are:

Alexander, T.C.        Baxley                 Harrelson
Harris, J.             Harwell                Holt
Houck                  Jennings               Keyserling
McAbee                 McCraw                 Rogers
Rudnick                Sheheen                Snow
Spearman               Stille                 Stoddard
Townsend               Tucker                 Waites
Wilder, D.             Wilder, J.             Wilkes
Worley

Total--25

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Baker                  Barber                 Beatty
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Delleney
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harrison
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Law                    Littlejohn
Marchbanks             Mattos                 McMahand
Meacham                Moody-Lawrence         Neal
Neilson                Quinn                  Richardson
Riser                  Robinson               Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Sturkie                Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Wright
Young, A.

Total--67

So, the House refused to adjourn.

Rep. RUDNICK proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\16016AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-340(A)(2) and inserting:

/(2)     materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant through the second trimester of pregnancy. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS 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 57 to 19.

Rep. RUDNICK proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\16012AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-41-330, by adding an appropriately lettered subsection to read:

/( )     Subsection (C) does not apply if the woman seeking an abortion is a minor and her parents have consented to the abortion./

Renumber subsections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUDNICK continued speaking.

Rep. WALKER moved to table the amendment.

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

Yeas 61; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Barber
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Cromer                 Davenport              Delleney
Fulmer                 Hallman                Harrell
Harrelson              Harrison               Harwell
Haskins                Hodges                 Houck
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McMahand
Meacham                Quinn                  Riser
Robinson               Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stone                  Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--61

Those who voted in the negative are:

Askins                 Bailey, G.             Bailey, J.
Baxley                 Breeland               Byrd
Cobb-Hunter            Gamble                 Govan
Harris, J.             Hines                  Holt
Inabinett              Kennedy                Keyserling
McCraw                 Moody-Lawrence         Neal
Neilson                Richardson             Rudnick
Scott                  Shissias               Spearman
Stoddard               Whipper                Wilder, D.
Wilder, J.             Williams

Total--29

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\16013AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-41-330(D) by deleting /However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received./ and inserting /However, the clinic or other place is nevertheless required to maintain, for one year, the woman's written verification that the information was so provided and the printed materials were so received./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

SPEAKER IN CHAIR

Rep. DAVENPORT moved to table the amendment.

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

Yeas 74; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Cooper
Cromer                 Davenport              Delleney
Fair                   Fulmer                 Gamble
Gonzales               Hallman                Harrell
Harrelson              Harris, J.             Harrison
Harwell                Haskins                Hodges
Houck                  Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             Mattos
McCraw                 McKay                  McMahand
Meacham                Neilson                Quinn
Riser                  Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Townsend               Trotter                Tucker
Vaughn                 Walker                 Wells
Wilder, D.             Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--74

Those who voted in the negative are:

Breeland               Brown, J.              Cobb-Hunter
Inabinett              Kennedy                Keyserling
Moody-Lawrence         Neal                   Rudnick
Shissias               Williams

Total--11

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\16014AC.94), which was tabled.

Amend the bill, as and if amended, Section 44-41-330, by deleting subsection (D) and inserting:

/(D)     The materials described in Section 44-41-340 must be available to a woman at the clinic or other place where the abortion is to be performed or induced. These materials must be available for review at any time during the regular business hours of the clinic or other place and upon request the clinic or other place where the abortion is to be performed or induced shall mail these materials to the woman./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. LITTLEJOHN moved to table the amendment.

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

Yeas 62; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Barber
Brown, H.              Chamblee               Clyborne
Cooper                 Cromer                 Davenport
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harris, J.             Harrison               Harwell
Haskins                Houck                  Huff
Hutson                 Keegan                 Kelley
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             Mattos
McCraw                 McKay                  McMahand
Meacham                Quinn                  Riser
Robinson               Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Sturkie                Trotter
Waldrop                Walker                 Wells
Wilder, D.             Witherspoon            Wofford
Wright                 Young, A.

Total--62

Those who voted in the negative are:

Baxley                 Breeland               Brown, J.
Inabinett              Kennedy                Keyserling
Moody-Lawrence         Neilson                Rudnick
Scott                  Shissias               Williams

Total--12

So, the amendment was tabled.

Rep. J. WILDER moved that the House recede for 1 hour 15 minutes.

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

Yeas 5; Nays 84

Those who voted in the affirmative are:

Barber                 Cromer                 Rudnick
Wilder, J.             Wilkes

Total--5

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Clyborne
Cobb-Hunter            Cooper                 Corning
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harrison
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kirsh                  Klauber
Law                    Littlejohn             Marchbanks
Mattos                 McCraw                 McElveen
McKay                  McMahand               Meacham
Moody-Lawrence         Neilson                Quinn
Richardson             Riser                  Robinson
Scott                  Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--84

So, the House refused to recede.

AMENDMENT NO. 4--MOTION TO RECONSIDER TABLED

Rep. HODGES moved to reconsider the vote whereby Amendment No. 4 was tabled.

Rep. HASKINS moved to table the motion.

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

Yeas 65; Nays 10

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Barber                 Boan
Breeland               Brown, H.              Chamblee
Clyborne               Cobb-Hunter            Cooper
Davenport              Delleney               Fair
Gamble                 Gonzales               Hallman
Harrell                Harris, J.             Harrison
Haskins                Hines                  Hutson
Inabinett              Keegan                 Kennedy
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             Mattos
McKay                  McMahand               Meacham
Moody-Lawrence         Neilson                Quinn
Riser                  Robinson               Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Sturkie
Townsend               Trotter                Waldrop
Walker                 Wells                  Whipper
White                  Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--65

Those who voted in the negative are:

Askins                 Baxley                 Harrelson
Hodges                 Houck                  Keyserling
Richardson             Rudnick                Spearman
Tucker

Total--10

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\CYY\16020AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(D) and inserting:

/(D)     If the clinic or other place where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours before the abortion is scheduled to be performed or induced and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) of this section does not apply. However, the clinic or other place is nevertheless required to maintain, for one year, the woman's written verification that the printed materials were so received./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HASKINS 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 48 to 13.

AMENDMENT NO. 6--MOTION TO RECONSIDER TABLED

Rep. KEYSERLING moved to reconsider the vote whereby Amendment No. 6 was tabled.

Rep. HASKINS moved to table the motion.

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

Yeas 59; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Barber
Boan                   Breeland               Brown, H.
Chamblee               Cooper                 Davenport
Delleney               Gamble                 Gonzales
Hallman                Harrell                Harris, J.
Harrison               Haskins                Hines
Huff                   Hutson                 Jennings
Keegan                 Kelley                 Kirsh
Law                    Littlejohn             Marchbanks
McKay                  McMahand               Meacham
Moody-Lawrence         Neilson                Quinn
Riser                  Robinson               Scott
Sheheen                Shissias               Simrill
Smith, R.              Stille                 Stoddard
Stone                  Stuart                 Sturkie
Townsend               Trotter                Waldrop
Walker                 Wells                  Wilder, J.
Williams               Witherspoon            Wofford
Wright                 Young, A.

Total--59

Those who voted in the negative are:

Baxley                 Hodges                 Holt
Houck                  Keyserling             Richardson
Rudnick

Total--7

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\CYY\16010AC.94), which was tabled.

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

/Section 44-41-390.     No person may contact, bother, harass, or disturb a person who is a patient or client or accompanying a patient or client of an abortion clinic or other facility in which abortions are performed concerning the abortion at any time while the person is entering or leaving the clinic or facility or at any place during any waiting period for an abortion. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars or imprisoned up to thirty days, or both./

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. DAVENPORT 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 45 to 12.

Rep. RUDNICK proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\CYY\16021AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-340(A)(2) and inserting:

/(2)     materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must be the actual size of the embryo or fetus at the gestational age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 65; Nays 14

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Brown, H.
Brown, J.              Chamblee               Clyborne
Cooper                 Cromer                 Davenport
Delleney               Fulmer                 Gonzales
Hallman                Harrell                Harris, J.
Harrison               Harwell                Haskins
Hodges                 Houck                  Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Littlejohn             Marchbanks
Mattos                 McCraw                 McMahand
Moody-Lawrence         Quinn                  Riser
Robinson               Scott                  Sheheen
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, D.             Wofford                Worley
Wright                 Young, A.

Total--65

Those who voted in the negative are:

Askins                 Breeland               Gamble
Hines                  Holt                   Inabinett
Keyserling             Meacham                Neilson
Richardson             Rudnick                Stuart
Whipper                Williams

Total--14

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\CYY\16017AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-350.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. LITTLEJOHN moved to table the amendment.

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

Yeas 61; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Baxley                 Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Cromer                 Davenport
Delleney               Gamble                 Gonzales
Hallman                Harrell                Harris, J.
Harrison               Harwell                Haskins
Hodges                 Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Klauber                Lanford
Littlejohn             Marchbanks             Mattos
McCraw                 McMahand               Meacham
Quinn                  Riser                  Robinson
Scott                  Sheheen                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stone                  Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Wilder, D.
Witherspoon            Wofford                Worley
Wright

Total--61

Those who voted in the negative are:

Bailey, G.             Bailey, J.             Barber
Breeland               Holt                   Inabinett
Keyserling             Moody-Lawrence         Neilson
Richardson             Rudnick                Shissias
Stoddard               Whipper                Williams

Total--15

So, the amendment was tabled.

AMENDMENT NO. 15--MOTION TO RECONSIDER TABLED

Rep. TUCKER moved to reconsider the vote whereby Amendment Number 15 was tabled.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Rep. TUCKER'S motion was dilatory under Rule 8.3.

The SPEAKER overruled the Point of Order.

Rep. HASKINS moved to table the motion to reconsider.

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

Yeas 62; Nays 19

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Barber
Brown, H.              Cato                   Chamblee
Cobb-Hunter            Cooper                 Davenport
Delleney               Fulmer                 Gamble
Gonzales               Hallman                Harrell
Harris, J.             Harrison               Harwell
Haskins                Hines                  Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Klauber                Lanford
Littlejohn             Marchbanks             Mattos
McCraw                 McMahand               Meacham
Moody-Lawrence         Neilson                Quinn
Riser                  Robinson               Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stone                  Stuart
Sturkie                Townsend               Trotter
Vaughn                 Walker                 Wells
Wilkes                 Williams               Witherspoon
Wofford                Wright

Total--62

Those who voted in the negative are:

Askins                 Bailey, G.             Bailey, J.
Baxley                 Boan                   Breeland
Hodges                 Holt                   Inabinett
Jennings               Keyserling             Martin
Rogers                 Rudnick                Spearman
Tucker                 Waites                 Wilder, D.
Worley

Total--19

So, the motion to reconsider was tabled.

Rep. RUDNICK proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\16022AC.94), which was ruled out of order.

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

/(     )     Whereas, the Department of Health and Environmental Control has the responsibility under state law to administer and enforce basic standards for maintenance and operation of hospitals and other health facilities in South Carolina; and

Whereas, the department is charged by the State Certification of Need and Health Facility Licensure Act to promote cost containment, prevent unnecessary duplication of health care facilities and services, guide the establishment of health care facilities and services which will best serve the public needs, and ensure that high quality services are provided in health facilities in this State; and

Whereas, state and national efforts to reform the health care system focus on the benefits of managed care and comprehensive community care networks of health care providers as nonregulatory methods of containing costs, increasing efficiency, and serving public needs, while recognizing the critical continuing role of government to ensure high quality care; and

Whereas, the 1993 South Carolina Health Plan of the Department of Health and Environmental Control limits the ability of some hospitals to offer local patients, purchasers, and physicians a comprehensive array of services by requiring comprehensive cardiac catheterization laboratories to be located in hospitals which provide open heart surgery while the plan only permits open heart surgery units at one hospital in Greenville, one hospital in Spartanburg, one hospital in Florence, two hospitals in Columbia, and four hospitals in the Charleston area; and

Whereas, the department recently waived concerns about unnecessary duplication of existing programs and negative impact upon existing programs in approving an open heart surgery program at a hospital in Myrtle Beach; and

Whereas, the General Assembly finds that to participate fully in the increased development of managed care and comprehensive community care networks in South Carolina, hospitals must be able to offer local patients, purchasers, and physicians a comprehensive array of inpatient and outpatient services; and

Whereas, the General Assembly further finds that it is important for the Department of Health and Environmental Control to balance efforts to avoid duplication of health care resources against the need to preserve health care providers close to communities they traditionally serve and improve access to health care for citizens in those communities, while always assuring high quality care. Now, therefore,

(     )     SECTION     1.     Section 44-7-170 of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding:

"(C)     Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, the department shall permit a hospital to maintain an open heart surgery unit if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.

Since there is a relationship between the number of open heart surgery procedures performed by an open heart surgery program's surgical team and the success of those procedures, if the number of open heart surgery procedures performed or projected to be performed annually by any open heart surgery programs's surgical team or teams is below the minimum established by the department, the department shall impose reasonable additional quality assurance standards as needed."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 17 was out of order as it was not germane in that it dealt with open heart surgery.

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

Rep. RUDNICK proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\CYY\16025AC.94), which was ruled out of order.

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

/SECTION     ________.     Section 44-7-170 of the 1976 Code is amended by adding at the end:

"(C)     Notwithstanding the State Health Plan prepared by the department pursuant to Section 44-7-180, in an emergency the department shall permit a hospital to perform open heart surgery if the hospital is at least forty miles from another hospital licensed by the department which has an existing open heart surgery unit.

To allow emergency open heart surgery the department shall impose and the hospital shall comply with reasonable additional quality assurance standards as needed."/

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 18 was out of order as it was not germane in that it dealt with open heart surgery.

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

Rep. RUDNICK spoke against the Bill.

Rep. CROMER spoke in favor of the Bill.

Rep. RUDNICK moved to recommit the Bill.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 13; Nays 57

Those who voted in the affirmative are:

Askins                 Breeland               Brown, J.
Cobb-Hunter            Hines                  Kennedy
Keyserling             Martin                 Moody-Lawrence
Rudnick                Shissias               Spearman
Whipper

Total--13

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, J.
Baker                  Baxley                 Brown, H.
Cato                   Chamblee               Clyborne
Cromer                 Davenport              Delleney
Gamble                 Gonzales               Harrell
Harrison               Haskins                Hodges
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Kirsh                  Lanford                Law
Littlejohn             Marchbanks             McCraw
Meacham                Neilson                Quinn
Riser                  Robinson               Scott
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Stone                  Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, D.             Wilder, J.             Wilkes
Witherspoon            Worley                 Wright

Total--57

So, the House refused to recommit the Bill.

Rep. DELLENEY spoke in favor of the Bill.

LEAVE OF ABSENCE

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

Rep. SPEARMAN spoke against the Bill.

Rep. J. WILDER spoke in favor of the Bill.

Rep. WILKES moved that the House do now adjourn.

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

Yeas 24; Nays 64

Those who voted in the affirmative are:

Askins                 Bailey, J.             Baxley
Harrelson              Holt                   Houck
Jennings               Keyserling             Kirsh
Martin                 McAbee                 McCraw
McElveen               Moody-Lawrence         Rudnick
Sheheen                Spearman               Stille
Tucker                 Waites                 Waldrop
Wilder, D.             Wilder, J.             Wilkes

Total--24

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Baker                  Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cobb-Hunter            Corning                Cromer
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrison               Haskins                Hines
Huff                   Inabinett              Keegan
Kelley                 Kennedy                Klauber
Law                    Littlejohn             Marchbanks
McMahand               Neal                   Neilson
Quinn                  Richardson             Riser
Robinson               Scott                  Shissias
Simrill                Smith, D.              Smith, R.
Stoddard               Stone                  Stuart
Sturkie                Townsend               Trotter
Vaughn                 Walker                 Wells
Whipper                White                  Wilkins
Williams               Witherspoon            Wofford
Wright

Total--64

So, the House refused to adjourn.

Rep. KEYSERLING spoke against the Bill.

Rep. WAITES spoke in favor of the Bill.

Rep. WILKES spoke against the Bill.

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

Rep. HOLT requested that the Bill be read in its entirety.

The Reading Clerk read the Bill.

Rep. JENNINGS spoke against the Bill.

Rep. HARRELSON spoke in favor of the Bill.

Reps. MARTIN and ROGERS spoke against the Bill.

Rep. RUDNICK moved that the House do now adjourn.

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

Yeas 16; Nays 83

Those who voted in the affirmative are:

Askins                 Bailey, J.             Harris, J.
Harwell                Hodges                 Holt
Houck                  Keyserling             McCraw
McKay                  Rogers                 Rudnick
Stoddard               Waites                 Wilder, D.
Wilder, J.

Total--16

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Baker
Barber                 Beatty                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harrison               Haskins                Hines
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McMahand               Moody-Lawrence         Neal
Neilson                Quinn                  Richardson
Riser                  Robinson               Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Snow
Spearman               Stille                 Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--83

So, the House refused to adjourn.

Rep. HODGES moved to commit the Bill to the Committee on Ways and Means.

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

Yeas 17; Nays 78

Those who voted in the affirmative are:

Askins                 Breeland               Brown, J.
Byrd                   Cobb-Hunter            Hodges
Holt                   Keyserling             Moody-Lawrence
Neal                   Rudnick                Scott
Shissias               Stoddard               Whipper
White                  Wilder, J.

Total--17

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Cromer                 Davenport              Delleney
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrelson              Harris, J.             Harrison
Harwell                Haskins                Hines
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McCraw
McKay                  McMahand               Neilson
Quinn                  Richardson             Riser
Robinson               Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Wilder, D.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--78

So, the House refused to commit the Bill.

Rep. HOLT moved to table the Bill.

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

Yeas 10; Nays 83

Those who voted in the affirmative are:

Brown, J.              Byrd                   Cobb-Hunter
Hines                  Holt                   Moody-Lawrence
Rudnick                Whipper                White
Williams

Total--10

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Cromer                 Davenport              Delleney
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hodges                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McCraw
McElveen               McMahand               Neal
Neilson                Quinn                  Richardson
Riser                  Robinson               Scott
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stone                  Stuart                 Sturkie
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--83

So, the House refused to table the Bill.

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 90; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Cromer
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harrison
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
Moody-Lawrence         Neilson                Quinn
Richardson             Riser                  Robinson
Scott                  Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Sturkie
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--90

Those who voted in the negative are:

Askins                 Breeland               Brown, J.
Byrd                   Cobb-Hunter            Keyserling
Neal                   Rudnick                Whipper
White                  Williams

Total--11

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

PAIRED

Rep. Shissias     (Present) Nay

Rep. Meacham     (Absent) Aye

Rep. HASKINS moved that under Rule 8.11, that the House proceed to the Motion Period.

The SPEAKER stated that the motion was out of order.

POINT OF ORDER

Rep. HASKINS: "The Motion Period is a matter in the orders of the day not regularly reached. The motion period has not been reached since February 24. Mr. Speaker, what else would that mean, Rule 8.11, that we may make a motion to take up any matters in the orders of the day not regularly reached."

SPEAKER SHEHEEN: "I don't know what that means. Nobody has ever made that motion since I've been here. I can only tell you that the Chair has never entertained a motion to take up anything out of order on the Calendar other than by Special Order of the Rules Committee which sometimes comes too frequently."

Rep. HASKINS: "But, Mr. Speaker, a precedent wouldn't override the stated rule."

SPEAKER SHEHEEN: "Well, I'm telling you that you can't make that motion and I overrule."

S. 497--OBJECTION WITHDRAWN

Rep. TUCKER withdrew his objection to the following Bill.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4313--OBJECTION WITHDRAWN

Rep. TUCKER withdrew his objection to the following Bill.

H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.

H. 4313--OBJECTIONS

Rep. HODGES withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY, DAVENPORT, D. SMITH, ROBINSON, ANDERSON, KLAUBER and KOON.

H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.

S. 497--OBJECTIONS

Rep. DELLENEY withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY, SIMRILL, D. SMITH, WELLS and LANFORD.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4706--OBJECTION WITHDRAWN

Rep. CROMER withdrew his objection to H. 4706 however, other objections remained upon the Bill.

S. 497--OBJECTION WITHDRAWN

Rep. HARRELSON withdrew his objection to S. 497 however, other objections remained upon the Bill.

H. 3524--OBJECTIONS

Rep. HARWELL withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY and D. SMITH.

H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.

H. 3290--OBJECTION WITHDRAWN

Rep. JENNINGS withdrew his objection to H. 3290 however, other objections remained upon the Bill.

H. 3290--OBJECTION WITHDRAWN

Rep. SPEARMAN withdrew her objection to H. 3290 however, other objections remained upon the Bill.

S. 896--MOTION TO RECONSIDER TABLED

The motion of Rep. FARR to reconsider the vote whereby the following Joint Resolution was given a third reading was taken up.

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

Rep. KIRSH moved to table the motion to reconsider, which was agreed to.

OBJECTION TO RECALL

Rep. BEATTY asked unanimous consent to recall H. 4349 from the Committee on Judiciary.

Rep. HODGES objected.

OBJECTION TO RECALL

Rep. J. WILDER asked unanimous consent to recall H. 5017 from the Committee on Judiciary.

Rep. BEATTY objected.

OBJECTION TO RECALL

Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.

Rep. WOFFORD objected.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall S. 1269 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. BEATTY objected.

OBJECTION TO RECALL

Rep. KIRSH asked unanimous consent to recall S. 967 from the Committee on Ways and Means.

Rep. A. YOUNG objected.

OBJECTION TO RECALL

Rep. McABEE asked unanimous consent to recall S. 1077 from the Committee on Ways and Means.

Rep. LITTLEJOHN objected.

OBJECTION TO RECALL

Rep. WOFFORD asked unanimous consent to recall H. 4349 from the Committee on Judiciary.

Rep. J. BROWN objected.

OBJECTION TO RECALL

Rep. KELLEY asked unanimous consent to recall S. 849 from the Committee on Education and Public Works.

Rep. LITTLEJOHN objected.

OBJECTION TO RECALL

Rep. HODGES asked unanimous consent to recall H. 4002 from the Committee on Judiciary.

Rep. BEATTY objected.

H. 4056--DEBATE ADJOURNED

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

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

Rep. ROGERS was recognized.

Rep. COBB-HUNTER moved to adjourn debate upon the Senate amendment.

Rep. HODGES moved to table the motion.

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

Yeas 28; Nays 68

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Bailey, J.
Barber                 Delleney               Harrelson
Harris, J.             Harwell                Hodges
Holt                   Houck                  Jennings
Keyserling             Kirsh                  Martin
McAbee                 McCraw                 McElveen
Rogers                 Rudnick                Sheheen
Spearman               Stoddard               Tucker
Waites                 Wilder, D.             Wilder, J.
Wilkes

Total--28

Those who voted in the negative are:

Allison                Anderson               Baker
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Davenport
Fair                   Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrison               Haskins                Hines
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McMahand               Moody-Lawrence         Neal
Neilson                Quinn                  Richardson
Riser                  Robinson               Scott
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Stuart                 Sturkie                Townsend
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--68

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate.

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

Yeas 70; Nays 27

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Baker                  Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Davenport              Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrison
Harwell                Haskins                Hines
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McMahand               Moody-Lawrence         Neal
Quinn                  Richardson             Riser
Robinson               Scott                  Shissias
Simrill                Smith, D.              Smith, R.
Stille                 Stone                  Stuart
Sturkie                Trotter                Vaughn
Waldrop                Walker                 Wells
Whipper                White                  Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--70

Those who voted in the negative are:

Alexander, M.O.        Askins                 Bailey, J.
Barber                 Boan                   Delleney
Harris, J.             Hodges                 Holt
Houck                  Jennings               Keyserling
Kirsh                  Martin                 Mattos
McCraw                 McElveen               Neilson
Rogers                 Rudnick                Spearman
Stoddard               Tucker                 Waites
Wilder, D.             Wilder, J.             Wilkes

Total--27

So, the motion to adjourn debate was agreed to.

H. 3935--TABLED

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

H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION 14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

Rep. HOLT moved to table the Bill, and demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 37

Those who voted in the affirmative are:

Allison                Anderson               Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Fair
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrison
Haskins                Hines                  Hodges
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Law
Littlejohn             Marchbanks             Martin
McMahand               Neal                   Quinn
Richardson             Riser                  Robinson
Scott                  Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Sturkie                Trotter
Vaughn                 Walker                 Wells
Whipper                White                  Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Boan                   Chamblee               Cromer
Delleney               Harrelson              Harris, J.
Holt                   Houck                  Jennings
Keyserling             Kirsh                  Lanford
Mattos                 McAbee                 McCraw
McElveen               Moody-Lawrence         Neilson
Rogers                 Rudnick                Sheheen
Spearman               Stille                 Stoddard
Townsend               Tucker                 Waites
Waldrop                Wilder, D.             Wilder, J.
Wilkes

Total--37

So, the Bill was tabled.

H. 3607--TABLED

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

H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

Rep. HASKINS moved to continue the Bill.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that under Rule 8.1 that the motion shall be condensed in writing and turned in at the desk and read before it shall be debated.

The SPEAKER sustained the Point of Order.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Rule 8.1 shall not apply since the motion to continue is not debatable. He further stated that it stated that no motion shall be debated.

The SPEAKER inquired that if that were true then what motion would be debatable under Rule 8.11.

Rep. HASKINS stated that several motions were debatable and should be ruled by Rule 8.1. He further stated that to say that a motion shall not be debated until it was received in writing, then it could not apply to a motion that is not debatable.

The SPEAKER stated, after checking precedence, that the Chair would entertain the motion to continue and he sustained the Point of Order.

The question then recurred to the motion to continue the Bill.

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

Yeas 26; Nays 73

Those who voted in the affirmative are:

Allison                Beatty                 Breeland
Byrd                   Cobb-Hunter            Cooper
Davenport              Fair                   Fulmer
Harrison               Inabinett              Lanford
Littlejohn             McMahand               Moody-Lawrence
Neal                   Scott                  Smith, D.
Stille                 Stone                  Walker
Wells                  Whipper                Williams
Young, A.              Young, R.

Total--26

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Boan
Brown, H.              Cato                   Chamblee
Clyborne               Corning                Cromer
Delleney               Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrelson              Harris, J.             Harwell
Haskins                Hodges                 Holt
Houck                  Huff                   Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kirsh
Klauber                Koon                   Law
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McElveen
Neilson                Quinn                  Richardson
Riser                  Robinson               Rogers
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stoddard               Stuart
Sturkie                Trotter                Tucker
Vaughn                 Waites                 Waldrop
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Wright

Total--73

So, the House refused to continue the Bill.

Reps. HASKINS and ROBINSON proposed the following Amendment No. 1.

By striking all after the enacting words.

Rep. HODGES spoke against the amendment.

Rep. BEATTY spoke upon the amendment.

On motion of Rep. CLYBORNE, Rep. BEATTY's remarks were ordered printed in the Journal as follows:

Mr. SPEAKER and Members of the House.

The present tactics by the leadership to delay discussion of Reapportionment are reprehensible. I am offended and insulted.

Rep. BEATTY moved to continue the Bill.

POINT OF ORDER

Rep. NEILSON raised the Point of Order that the motion to continue was out of order as it meant to move to the next session.

The SPEAKER overruled the Point of Order.

POINT OF ORDER

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

Rep. GONZALES moved to table the Bill.

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

Yeas 62; Nays 37

Those who voted in the affirmative are:

Allison                Anderson               Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Clyborne               Cobb-Hunter            Cooper
Davenport              Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrell                Harrison               Haskins
Hines                  Huff                   Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McMahand
Moody-Lawrence         Neal                   Quinn
Richardson             Riser                  Robinson
Scott                  Shissias               Simrill
Smith, D.              Stone                  Stuart
Sturkie                Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, J.             Barber                 Baxley
Boan                   Chamblee               Cromer
Delleney               Harrelson              Harris, J.
Hodges                 Holt                   Houck
Jennings               Keyserling             Kirsh
Martin                 Mattos                 McAbee
McCraw                 McElveen               Neilson
Rogers                 Rudnick                Sheheen
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Tucker
Waites                 Waldrop                Wilder, D.
Wilkes

Total--37

So, the Bill was tabled.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby H. 3935 was tabled and the motion was noted.

MOTION NOTED

Rep. SIMRILL moved to reconsider the vote whereby H. 3607 was tabled and the motion was noted.

Rep. HOLT moved that the House do now adjourn.

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

Yeas 27; Nays 71

Those who voted in the affirmative are:

Askins                 Bailey, J.             Baxley
Boan                   Chamblee               Delleney
Harrelson              Harris, J.             Hodges
Holt                   Houck                  Jennings
Keyserling             Kirsh                  McCraw
McElveen               Neilson                Rogers
Rudnick                Spearman               Stille
Tucker                 Waites                 Waldrop
Wilder, D.             Wilder, J.             Wilkes

Total--27

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Clyborne               Cobb-Hunter            Cooper
Cromer                 Davenport              Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrison               Haskins                Hines
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Kennedy                Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McMahand               Moody-Lawrence
Neal                   Quinn                  Richardson
Riser                  Robinson               Scott
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Stoddard
Stone                  Stuart                 Sturkie
Townsend               Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--71

So, the House refused to adjourn.

H. 3141--CONTINUED

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

H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.

Rep. CLYBORNE moved to continue the Bill.

Rep. J. BAILEY moved that the House recur to the Morning Hour.

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

Yeas 19; Nays 71

Those who voted in the affirmative are:

Askins                 Bailey, J.             Barber
Baxley                 Cromer                 Delleney
Harris, J.             Hodges                 Holt
Jennings               Keyserling             Kirsh
Rogers                 Rudnick                Tucker
Waites                 Wilder, D.             Wilder, J.
Wilkes

Total--19

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Baker                  Beatty
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Davenport
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrell                Harrelson              Harrison
Haskins                Hines                  Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Kennedy                Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McMahand               Moody-Lawrence
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Sheheen                Shissias               Simrill
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Trotter                Vaughn
Walker                 Wells                  White
Wilkins                Williams               Witherspoon
Wofford                Wright

Total--71

So, the House refused to recur to the Morning Hour.

The question then recurred to the motion to continue the Bill.

POINT OF ORDER

Rep. BAXLEY raised the Point of Order that the motion to continue was out of order since under the Rules the amendments would have first consideration.

The SPEAKER stated that nothing required the House to consider but if they considered, then the amendments would have first consideration.

Rep. BAXLEY stated that the rule earlier was about adjourning debate and this was to continue. He further stated that it was violating Rule 9.1 in that it suspended the effect of that rule.

The SPEAKER stated that the motion to continue was in order and he overruled the Point of Order.

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

Yeas 61; Nays 34

Those who voted in the affirmative are:

Allison                Anderson               Baker
Beatty                 Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrison               Haskins
Hines                  Huff                   Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McMahand
Moody-Lawrence         Neal                   Quinn
Richardson             Riser                  Robinson
Scott                  Sharpe                 Shissias
Simrill                Smith, R.              Stone
Stuart                 Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilkins
Williams               Wofford                Wright
Young, A.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Cromer
Delleney               Harrelson              Harris, J.
Hodges                 Holt                   Houck
Jennings               Keyserling             Kirsh
Martin                 Mattos                 McAbee
McCraw                 McElveen               Neilson
Rogers                 Rudnick                Sheheen
Spearman               Stille                 Stoddard
Tucker                 Waites                 Wilder, J.
Wilkes

Total--34

So, the Bill was continued.

H. 4054--CONTINUED

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

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

Rep. M.O. ALEXANDER moved to adjourn debate upon the Senate amendments.

Rep. HOLT moved to table the motion.

Rep. HASKINS moved to continue the Bill.

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

Yeas 64; Nays 33

Those who voted in the affirmative are:

Allison                Anderson               Baker
Baxley                 Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Clyborne               Cobb-Hunter
Cooper                 Davenport              Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrison
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McMahand               Moody-Lawrence         Neal
Quinn                  Richardson             Riser
Robinson               Scott                  Sharpe
Shissias               Simrill                Smith, R.
Spearman               Stone                  Stuart
Sturkie                Trotter                Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--64

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Barber
Boan                   Cromer                 Delleney
Harris, J.             Hodges                 Holt
Houck                  Jennings               Keyserling
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McElveen
Neilson                Rogers                 Rudnick
Sheheen                Snow                   Stille
Stoddard               Tucker                 Waites
Wilder, D.             Wilder, J.             Wilkes

Total--33

So, the Bill was continued.

H. 4054--DEBATE ADJOURNED ON THE
MOTION TO RECONSIDER

Rep. SPEARMAN moved to reconsider the vote whereby the following Bill was continued.

H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.

Rep. HASKINS moved to adjourn debate upon the motion to reconsider.

Rep STODDARD moved to table the motion to adjourn debate on the motion to reconsider.

Rep. BAXLEY moved to table the motion to reconsider.

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

Yeas 6; Nays 91

Those who voted in the affirmative are:

Askins                 Baxley                 Jennings
Martin                 Spearman               Wilkes

Total--6

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Beatty
Breeland               Brown, H.              Brown, J.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Davenport              Delleney               Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harris, J.             Harrison               Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McMahand               Moody-Lawrence
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stille                 Stoddard               Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--91

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

The question then recurred to the motion to table the motion to adjourn debate on the motion to reconsider.

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

Yeas 12; Nays 79

Those who voted in the affirmative are:

Bailey, J.             Barber                 Harris, J.
Holt                   Kirsh                  McCraw
Rogers                 Rudnick                Stoddard
Waites                 Wilder, D.             Wilkes

Total--12

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Baxley                 Beatty
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Davenport              Delleney
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harrelson              Haskins                Hines
Houck                  Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McMahand               Moody-Lawrence
Neal                   Neilson                Richardson
Riser                  Robinson               Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whipper
White                  Wilder, J.             Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--79

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate on the motion to reconsider.

POINT OF ORDER

Rep. JENNINGS raised the Point of Order that under Rule 8.14 the motion to adjourn debate was out of order.

The SPEAKER stated that the motion to adjourn debate was before the House and the House was choosing to do that and he overruled the Point of Order.

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

Yeas 75; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Baxley                 Beatty
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Davenport              Delleney
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Haskins                Hines                  Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McMahand               Moody-Lawrence         Neal
Neilson                Richardson             Riser
Robinson               Scott                  Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whipper
White                  Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--75

Those who voted in the negative are:

Bailey, J.             Barber                 Harris, J.
Hodges                 Holt                   Keyserling
Kirsh                  McCraw                 Rudnick
Spearman               Stoddard               Waites
Wilder, D.             Wilder, J.             Wilkes

Total--15

So, the motion to adjourn debate on the motion to reconsider was agreed to.

H. 4321--CONTINUED

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

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

Rep. GONZALES moved to continue the Bill.

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

Yeas 58; Nays 26

Those who voted in the affirmative are:

Allison                Anderson               Baker
Baxley                 Beatty                 Boan
Brown, H.              Cato                   Clyborne
Cobb-Hunter            Cooper                 Davenport
Gamble                 Gonzales               Govan
Hallman                Harrell                Haskins
Hines                  Holt                   Huff
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McMahand
Moody-Lawrence         Richardson             Riser
Robinson               Scott                  Sharpe
Shissias               Smith, D.              Smith, R.
Spearman               Stone                  Sturkie
Trotter                Vaughn                 Walker
Wells                  Whipper                White
Wilder, D.             Wilkes                 Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--58

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Barber                 Chamblee
Cromer                 Delleney               Harris, J.
Hodges                 Houck                  Jennings
Keyserling             Kirsh                  Martin
Mattos                 McCraw                 Neilson
Rogers                 Rudnick                Sheheen
Stille                 Stoddard               Tucker
Waites                 Wilder, J.

Total--26

So, the Bill was continued.

H. 4321--DEBATE ADJOURNED
ON THE MOTION TO RECONSIDER

Rep. HOLT moved to reconsider the vote whereby the following Bill was continued.

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

Rep. GONZALES moved to adjourn debate upon the motion to reconsider.

Rep. BAXLEY moved to postpone indefinitely the motion to reconsider.

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

POINT OF ORDER

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

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

Yeas 19; Nays 78

Those who voted in the affirmative are:

Askins                 Bailey, J.             Baxley
Boan                   Chamblee               Harris, J.
Hodges                 Holt                   Houck
Kirsh                  McAbee                 McCraw
Rogers                 Rudnick                Stille
Tucker                 Waites                 Wilder, J.
Wilkes

Total--19

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Baker
Barber                 Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Clyborne               Cobb-Hunter
Cooper                 Cromer                 Davenport
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrelson
Harrison               Haskins                Hines
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McMahand
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stoddard               Stone
Stuart                 Sturkie                Trotter
Vaughn                 Walker                 Wells
Whipper                White                  Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--78

So, the House refused to adjourn.

The question then recurred to the motion to postpone indefinitely the motion to reconsider.

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

Yeas 14; Nays 74

Those who voted in the affirmative are:

Baxley                 Beatty                 Brown, J.
Byrd                   Hodges                 Houck
Jaskwhich              Jennings               Martin
McAbee                 Rudnick                Tucker
Wilder, J.             Worley

Total--14

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Boan                   Breeland               Brown, H.
Cato                   Chamblee               Cooper
Corning                Davenport              Delleney
Gamble                 Gonzales               Govan
Hallman                Harrell                Harris, J.
Haskins                Hines                  Holt
Huff                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McCraw                 Neilson                Richardson
Riser                  Robinson               Rogers
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Townsend               Trotter
Vaughn                 Waites                 Walker
Wells                  Whipper                Wilkes
Wilkins                Witherspoon            Wofford
Wright                 Young, A.

Total--74

So, the House refused to postpone indefinitely the motion to reconsider.

Rep. GONZALES moved to adjourn debate upon the motion to reconsider until Tuesday, May 17.

Rep. HOLT moved to table the motion.

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

Yeas 22; Nays 66

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, J.
Barber                 Baxley                 Chamblee
Harrelson              Harris, J.             Hodges
Holt                   Houck                  Jennings
Keyserling             Kirsh                  McCraw
Rogers                 Rudnick                Sheheen
Spearman               Waites                 Wilder, J.
Wilkes

Total--22

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Baker                  Beatty
Breeland               Brown, H.              Brown, J.
Byrd                   Cato                   Clyborne
Cobb-Hunter            Cooper                 Corning
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Haskins                Hines                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McMahand               Neal
Neilson                Richardson             Riser
Robinson               Scott                  Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Walker
Wells                  Whipper                Witherspoon
Wofford                Wright                 Young, A.

Total--66

So, the House refused to table the motion to adjourn debate on the motion to reconsider.

The question then recurred to the motion to adjourn debate until Tuesday, May 17.

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

Yeas 63; Nays 21

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Askins                 Bailey, G.             Baker
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Clyborne               Cooper
Davenport              Fair                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Haskins
Hines                  Houck                  Huff
Hutson                 Inabinett              Keegan
Kelley                 Kennedy                Klauber
Koon                   Law                    Littlejohn
Marchbanks             McAbee                 McMahand
Neal                   Neilson                Riser
Robinson               Scott                  Sharpe
Shissias               Simrill                Smith, R.
Stille                 Stone                  Sturkie
Townsend               Trotter                Tucker
Vaughn                 Walker                 Wells
Whipper                Wilkes                 Witherspoon
Wofford                Wright                 Young, A.

Total--63

Those who voted in the negative are:

Alexander, M.O.        Bailey, J.             Barber
Baxley                 Delleney               Harrelson
Harris, J.             Holt                   Jennings
Keyserling             Kirsh                  Mattos
McCraw                 Rogers                 Rudnick
Sheheen                Spearman               Stoddard
Waites                 Wilder, D.             Wilder, J.

Total--21

So, the motion to adjourn debate on the motion to reconsider was agreed to.

Rep. TUCKER moved that when the House adjourns, it adjourn to meet at 2:00 P.M.

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

Yeas 18; Nays 73

Those who voted in the affirmative are:

Bailey, J.             Delleney               Harrelson
Hines                  Hodges                 Holt
Houck                  Jennings               Kirsh
Mattos                 McAbee                 Neilson
Rogers                 Rudnick                Spearman
Tucker                 Waites                 Wilkes

Total--18

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Fulmer                 Gamble                 Gonzales
Govan                  Hallman                Harrell
Harris, J.             Harrison               Haskins
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Kennedy                Keyserling             Klauber
Lanford                Law                    Littlejohn
Marchbanks             McCraw                 McMahand
Neal                   Quinn                  Richardson
Riser                  Robinson               Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Sturkie
Townsend               Trotter                Vaughn
Walker                 Wells                  Whipper
Wilder, D.             Wilder, J.             Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--73

So, the motion was rejected.

RULE 3.9 INVOKED

Rep. ROGERS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 RESCINDED

Rep. GONZALES moved to rescind Rule 3.9.

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

Yeas 64; Nays 31

Those who voted in the affirmative are:

Allison                Anderson               Bailey, G.
Baker                  Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cooper                 Corning                Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harrison
Haskins                Huff                   Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Klauber
Lanford                Law                    Littlejohn
Marchbanks             McMahand               Neal
Quinn                  Richardson             Riser
Robinson               Scott                  Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stone                  Stuart                 Sturkie
Townsend               Trotter                Vaughn
Walker                 Wells                  Whipper
Wilder, D.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--64

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, J.             Barber                 Baxley
Boan                   Cromer                 Delleney
Harrelson              Harris, J.             Hodges
Holt                   Houck                  Jennings
Keyserling             Kirsh                  Martin
Mattos                 McAbee                 McCraw
McElveen               Neilson                Rogers
Rudnick                Sheheen                Spearman
Tucker                 Waites                 Wilder, J.
Wilkes

Total--31

So, Rule 3.9 was rescinded.

H. 3374--CONTINUED

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

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Rep. GONZALES moved to continue the Bill.

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

Yeas 61; Nays 21

Those who voted in the affirmative are:

Allison                Anderson               Bailey, G.
Baker                  Baxley                 Beatty
Breeland               Brown, H.              Brown, J.
Byrd                   Cato                   Chamblee
Clyborne               Cooper                 Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Haskins
Hines                  Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Klauber                Lanford
Law                    Marchbanks             McMahand
Quinn                  Riser                  Robinson
Rogers                 Scott                  Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stone
Stuart                 Sturkie                Trotter
Vaughn                 Walker                 Wells
Whipper                Wilder, D.             Wilkes
Wilkins                Witherspoon            Wofford
Young, A.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, J.             Barber                 Boan
Cromer                 Delleney               Harrelson
Harris, J.             Keyserling             Kirsh
McCraw                 Neilson                Rudnick
Stille                 Stoddard               Townsend
Tucker                 Waites                 Wilder, J.

Total--21

So, the Bill was continued.

H. 4306--CONTINUED

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

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

MOTION NOTED

Rep. BAXLEY moved to reconsider the vote whereby H. 3374 was continued and the motion was noted.

Rep. WALKER moved to continue the Joint Resolution.

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

Yeas 66; Nays 13

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Bailey, J.             Baker
Baxley                 Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Clyborne               Davenport
Delleney               Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrell                Harrison               Haskins
Hines                  Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Klauber                Lanford
Law                    Littlejohn             Marchbanks
McMahand               Neal                   Quinn
Riser                  Robinson               Rogers
Scott                  Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stone                  Stuart
Sturkie                Trotter                Vaughn
Walker                 Wells                  Whipper
Wilder, D.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--66

Those who voted in the negative are:

Askins                 Barber                 Chamblee
Cromer                 Harris, J.             Houck
Keyserling             Kirsh                  McCraw
Rudnick                Tucker                 Waites
Wilder, J.

Total--13

So, the Joint Resolution was continued.

H. 3374--DEBATE ADJOURNED
ON THE MOTION TO RECONSIDER

The motion of Rep. BAXLEY to reconsider the vote whereby the following Bill was continued was taken up.

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Rep. JASKWHICH moved to table the motion to reconsider.

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

Yeas 18; Nays 58

Those who voted in the affirmative are:

Anderson               Baker                  Baxley
Beatty                 Brown, J.              Byrd
Cato                   Davenport              Harrelson
Inabinett              Jaskwhich              Kennedy
Kirsh                  Littlejohn             Spearman
Vaughn                 Walker                 Wells

Total--18

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Bailey, J.             Breeland
Brown, H.              Chamblee               Clyborne
Cromer                 Delleney               Gamble
Gonzales               Govan                  Hallman
Harrell                Harris, J.             Harrison
Hodges                 Holt                   Houck
Huff                   Hutson                 Jennings
Keegan                 Keyserling             Klauber
Lanford                Law                    Marchbanks
McCraw                 McMahand               Neilson
Quinn                  Riser                  Robinson
Rogers                 Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stoddard
Stone                  Stuart                 Sturkie
Trotter                Tucker                 Waites
Whipper                Wilder, D.             Wilder, J.
Wilkins                Wofford                Wright
Young, A.

Total--58

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

The question then recurred to the motion to reconsider.

Rep. WILKINS moved to adjourn debate upon the motion to reconsider.

Rep. JENNINGS moved to postpone indefinitely the motion to adjourn debate, which was rejected by a division vote of 24 to 51.

The question then recurred to the motion to adjourn debate on the motion to reconsider, which was agreed to by a division vote of 70 to 9.

POINT OF ORDER

Rep. BEATTY raised the Point of Order that under Rule 8.11 the House shall take up the motion period at this time.

The SPEAKER stated that he had already ruled on that Point of Order.

APPEAL FROM RULING OF THE
SPEAKER--DEBATE ADJOURNED

Rep. BEATTY appealed the Ruling of the SPEAKER and the SPEAKER called the SPEAKER Pro Tempore to the Chair to act as Presiding Officer.

Rep. BOAN spoke in favor of the ruling.

Rep. WHIPPER spoke against the ruling.

Rep. SHEHEEN spoke in favor of the ruling.

Reps. BEATTY and BAKER spoke against the ruling.

Rep. HARWELL spoke in favor of the ruling.

Rep. CLYBORNE spoke against the ruling.

Rep. HODGES spoke in favor of the ruling.

Reps. HASKINS and GONZALES spoke against the ruling.

Rep. McELVEEN spoke in favor of the ruling.

Rep. HUFF spoke against the ruling.

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

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

Yeas 15; Nays 68

Those who voted in the affirmative are:

Alexander, T.C.        Askins                 Barber
Boan                   Cobb-Hunter            Harwell
Hodges                 Houck                  Kennedy
McAbee                 Rudnick                Stoddard
Tucker                 Wilder, D.             Wilder, J.

Total--15

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Bailey, G.             Baker                  Baxley
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harrison               Holt
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Keyserling
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McCraw
McElveen               McMahand               Neilson
Quinn                  Richardson             Riser
Robinson               Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Spearman               Stille
Stone                  Stuart                 Sturkie
Trotter                Vaughn                 Walker
Wells                  Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--68

So, the House refused to recede.

Rep. JENNINGS spoke in favor of the ruling.

Rep. BEATTY moved to adjourn debate upon the Ruling of the Chair for one hour.

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

Yeas 93; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, H.              Byrd                   Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Davenport              Delleney               Fair
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McMahand               Neal                   Neilson
Quinn                  Richardson             Riser
Robinson               Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stone                  Stuart
Sturkie                Trotter                Tucker
Vaughn                 Waites                 Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--93

Those who voted in the negative are:

Total--0

So, the motion to adjourn debate was agreed to.

SPEAKER IN CHAIR
H. 4412--DEBATE ADJOURNED

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

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Rep. KENNEDY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4079--DEBATE ADJOURNED

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

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

Rep. BREELAND moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4070--DEBATE ADJOURNED

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

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

Rep. WILKINS moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4691--DEBATE ADJOURNED

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

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. BOAN moved to adjourn debate upon the Senate amendments until Wednesday, May 11, which was adopted.

H. 4377--DEBATE ADJOURNED

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

H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

Rep. KIRSH moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4794--DEBATE ADJOURNED

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

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.

Rep. KENNEDY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4811--DEBATE ADJOURNED

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

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

Rep. G. BAILEY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4681--DEBATE ADJOURNED

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

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

Rep. STURKIE moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

S. 914--DEBATE ADJOURNED

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

S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.

Rep. GONZALES moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4928--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

Be it resolved by the House of Representatives, the Senate concurring:
That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.

Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this State's delegation to the Congress.

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

H. 4930--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

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

That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.

Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this State's delegation to the Congress.

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

H. 4964--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Whereas, it is clear that public education in South Carolina must comply with substantial amounts of paperwork as a result of local and state regulations imposed on the schools; and

Whereas, the members of the General Assembly believe that to reduce or eliminate unnecessary paperwork and regulations would allow classroom teachers and administrators to focus more on classroom teaching and learning. Now, therefore,

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

That the members of the General Assembly direct the State Department of Education to compile a list of state and local regulations imposed on schools which it considers as unnecessarily burdensome. The findings of the department shall be reported to the General Assembly by January 1, 1995, and must include recommendations to eliminate out-dated, duplicative, or unnecessary regulations imposed on schools.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

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

S. 1281--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".

Whereas, Mr. Henry Martyn Robert died in 1923 in Owego, New York, and was buried with full military honors in Arlington Cemetery; and

Whereas, Mr. Robert was born in Robertsville, South Carolina on May 2, 1837; and

Whereas, at the age of 32, Mr. Robert wrote the first Parliamentary Procedure Rules for conducting business in church meetings and other deliberative assemblies; and

Whereas, Mr. Robert's procedures filled a need for societies and assemblies to free themselves from confusion and dispute over rules
governing the use of the different motions of parliamentary law; and

Whereas, he personally paid for the publication of his first four thousand copies through conducting a promotion campaign sending questionnaires to legal authorities, colleges, presidents of church groups, and fraternal organizations, thus producing an overwhelming response to his orderly procedures; and

Whereas, Henry Martyn Robert stressed the principles reflecting that the majority must rule, the minority must be heard, the rights of the individual must be guaranteed, and justice and courtesy must prevail; and

Whereas, Mr. Robert retired from the United States Army on his birthday, as a Brigadier General and spent the rest of life dedicated to writing new rules and revising old ones to meet the needs of a growing democratic society; and

Whereas, Mr. Robert has touched lives in the nation, as well as other countries, who utilize the rules he created to preside and conduct business in a democratic and orderly manner; and

Whereas, the creation of "Robert's Rules of Order" is the most popularly adopted parliamentary authority in the world, even though the outstanding author has been departed from us for more than seventy years; and

Whereas, Mr. Henry Martyn Robert is considered a world legend in parliamentary procedure, and is it obvious that his work will continue to affect the lives of many. Now, therefore,

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

That the members of the General Assembly hereby encourage the Citizen Stamp Committee of the United States Postal Department to memorialize Mr. Henry Martyn Robert through establishing a commemorative stamp in his honor due to his outstanding contributions to parliamentary procedure.

Be it further resolved that a copy of this resolution be forwarded to the Citizens Stamp Advisory Committee.

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

H. 5036--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.

Whereas, retroactive taxation is unfair to all taxpayers as it imposes tax consequences on previous transactions which cannot be altered and it unfairly burdens individuals by removing their ability to anticipate their tax liabilities and plan financially; and

Whereas, the imposition of retroactive taxes impairs the ability of employees and their employers both private and public to withhold sufficient funds to meet their tax obligations and creates an undue hardship on all elements of the national economy. 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, hereby urge the Congress of the United States to propose an amendment to the United States Constitution to prohibit the imposition of retroactive taxes.

Be it further resolved that a copy of this resolution be forwarded to the Secretary of the United States Senate, the Clerk of the United States House of Representatives, and each member of the South Carolina Congressional Delegation.

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

H. 4758--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

Whereas, Theodore Tobias Mappus, Jr., of Charleston was born in Charleston on July 20, 1926, to Theodore T., Sr., and Elsie Buck Mappus; and

Whereas, Representative Mappus attended Newberry College, the College of Charleston, and graduated from Duke University; and

Whereas, Representative Mappus served in the armed forces and is very active in his community; and

Whereas, he was elected and served in the House of Representatives for the South Carolina General Assembly from 1987 through 1990; and

Whereas, it is entirely fitting that the portion of Interstate I-526 between General Westmoreland Bridge at the Ashley River and U.S. Highway 17 be named Theodore Tobias Mappus, Jr., Exchange in honor of this outstanding man and that an appropriate marker be placed on the highway reflecting this designation. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name that portion of Interstate I-526 between General Westmoreland Bridge at the Ashley River and U.S. Highway 17 the Theodore Tobias Mappus, Jr., Exchange, and place appropriate markers or signs on the highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Representative Mappus.

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

H. 4932--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

Rep. COBB-HUNTER moved to adjourn debate upon the Concurrent Resolution, which was adopted.

H. 5112--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5112 -- Rep. Boan: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Whereas, it has come to the attention of the members of the General Assembly that S.1114, presently pending before the United States Senate, attempts to change the allocation system for State Revolving Fund capitalization grants; and

Whereas, these allocations, as proposed, will significantly and adversely affect the State's ongoing efforts to remediate water quality issues facing many states; and

Whereas, it will be necessary to modify long range plans which were developed based on a presumption of funding levels consistent with the present allocation formula. Now, therefore,

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

That the members of the General Assembly urge the members of Congress to consider maintaining the current allocation system, and to oppose enacting legislation such as S.1114, which would impose a hardship on South Carolina and provide unexpected windfalls to other states.

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

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

H. 5120--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

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

That the General Assembly of South Carolina requests the Department of Transportation to designate and name South Carolina Highway 23 beginning one mile east of the city limits of Ridge Spring and continuing one mile west of the city limits of Ridge Spring as "R. Clark Dubose Highway". The department also is requested to install appropriate markers and signs on the highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

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

H. 5122--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

Whereas, the citizens of Beaufort County and South Carolina wish to recognize all the men and women of the United States Marine Corps who have and will receive recruit training at the Marine Corps Recruit Depot at Paris Island as well as the Navy and Marine Corps personnel who provide this training, which is the finest in the world; and

Whereas, the citizens desire to express their gratitude and appreciation for the long and meaningful friendship between South Carolina's military and civilian communities. Now, therefore,

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

That the members of the General Assembly of South Carolina request the Department of Transportation to designate and name the crossing from Port Royal, over Battery Creek, and to Parris Island as the "Marine Corps Memorial Crossing". The department also is requested to install appropriate markers and signs on the crossing.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

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

H. 5141--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5141 -- Reps. Harvin, Askins, Baxley, G. Brown, Canty, Cobb-Hunter, Harrelson, Harwell, Hines, Houck, Inabinett, McKay, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

Whereas, the South Carolina Wildlife and Marine Resources Commission recognized one of our own by naming a boat landing for John C. Land, III, that fine senator representing District 36, Lee, Clarendon, and Sumter Counties and Majority Leader of the South Carolina Senate; and

Whereas, it has been determined that a more fitting tribute for this dedicated statesman who represents the people of his district with distinction would be to name a different landing as the "John C. Land Sportsfishing and Boating Center"; and

Whereas, the members of the General Assembly are in agreement that our distinguished colleague is deserving of this honor and take this time to thank him for his devoted service to the people of this State. Now, therefore,

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

That the members of the General Assembly request the South Carolina Wildlife and Marine Resources Commission to rename the "John C. Land Landing" at the end of South Carolina Highway 260 below the Lake Marion Dam as the "Borrow Pit Landing" and to rename the "Log Jam Landing" on Tawcaw Creek on Lake Marion as the "Log Jam Landing-John C. Land Sportsfishing and Boating Center".

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Wildlife and Marine Resources Commission, Senator and Mrs. John C. Land, Mr. John C. Land, IV, Miss Frances R. Land, and Mr. William C. Land.

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

S. 1353--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1353 -- Senator Drummond: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Whereas, it has come to the attention of the members of the General Assembly that S.1114, presently pending before the United States Senate, attempts to change the allocation system for State Revolving Fund capitalization grants; and

Whereas, these allocations, as proposed, will significantly and adversely affect the State's ongoing efforts to remediate water quality issues facing many states; and

Whereas, it will be necessary to modify long range plans which were developed based on a presumption of funding levels consistent with the present allocation formula. Now, therefore,

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

That the members of the General Assembly urge the members of Congress to consider maintaining the current allocation system, and to oppose enacting legislation such as S.1114, which would impose a hardship on South Carolina and provide unexpected windfalls to other states.

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

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

S. 1355--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1355 -- Senator Washington: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE CROSSWALK AT SECONDARY ROAD S-428 OVER INTERSTATE HIGHWAY I-95 IN RIDGELAND, JASPER COUNTY, AS THE "JUANITA M. WHITE CROSSWALK" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name the crosswalk at Secondary Road S-428 over Interstate Highway I-95 in Ridgeland, Jasper County, as the "Juanita M. White Crosswalk" and to install appropriate markers or signs at or adjacent to the crosswalk, as the department considers advisable containing the words "Juanita M. White Crosswalk".

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

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

H. 4986--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.

Rep. STILLE moved to adjourn debate upon the Concurrent Resolution, which was adopted.

H. 5064--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name the intersection of Pine Knoll Drive and Highway 29 in Greenville County as the "Levis Gilstrap Intersection" and to install appropriate markers or signs at or adjacent to the intersection, as the department considers advisable, containing the words "Levis Gilstrap Intersection".

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

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

H. 5123--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5123 -- Reps. Davenport, Littlejohn, Walker, Sharpe, Allison, Wells, D. Smith, Beatty, Phillips and Lanford: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ACT TO PRESERVE CONGRESSIONAL PREROGATIVES AND NATIONAL SOVEREIGNTY IN CONSIDERATION OF THE URUGUAY ROUND AGREEMENT.

Whereas, the Uruguay Round of the General Agreement on Tariffs and Trade has been negotiated and is scheduled for signature in Marrakesh, Morocco; and

Whereas, implementation of the Uruguay Round Agreement will require approval of the Congress of the United States; and

Whereas, the Uruguay Round Agreement focuses on both tariff and nontarriff barriers to trade, and as such, nations party to the agreement must conform service sector regulations, environmental and safety standards, and food service requirements to the agreement's provision or face mandatory sanctions; and

Whereas, these "nontarriff" barriers impact on the regulatory authority and legislature of this State in the same manner that the Congress is so limited; and

Whereas, implementation costs of the agreement, including revenue losses from tariff reductions, are estimated by Rep. Richard Gephart to cost forty billion dollars over the first ten years thus requiring spending cuts or tax increases, or both, in order to avoid increasing the federal deficit; and

Whereas, the agreement establishes the World Trade Organization that has significantly greater powers and broader functions than the existing GATT; and

Whereas, the agreement would deny the United States the right to impose unilaterally many of our most successful market opening tools, including Section 301; and

Whereas, it is essential that the Congress act to preserve national sovereignty and congressional and state prerogatives in any agreement governing the international trading system. Now, therefore,

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

That the Congress of the United States is memorialized to act to preserve congressional prerogatives and national sovereignty in the consideration of the Uruguay Round Agreement.

Be it further resolved that a copy of this resolution be forwarded to the members of the United States House of Representatives and United States Senate representing this State.

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

S. 1375--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1375 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE 1994 AS A CRITICAL YEAR FOR DETERMINING THE FUTURE DIRECTION OF THE EDISTO RIVER BASIN AND TO DECLARE 1994 AS THE "YEAR OF THE EDISTO".

Whereas, the Edisto River is the longest free flowing blackwater river in the United States, winding through twelve counties in South Carolina from Saluda County to Edisto Island; and

Whereas, the Edisto River is rich in natural heritage including critical natural communities and habitat for several endangered and threatened species; and

Whereas, the Edisto River Basin spans two million acres of forests, farms, wetlands, and rural communities that support a diversity of users including hunters, foresters, industrialists, boaters, swimmers, fishermen, and farmers. The river supports many vital services to its citizens, including drinking water, irrigation for food and fiber, and electricity; and

Whereas, the Edisto River Basin is benefiting from a nationally recognized natural wetland system which provides flood control, cost effective waste treatment, wildlife habitat, tourism opportunities, and other values to the citizens that can be managed as an asset in providing for jobs, housing, and needed economic development in the area. However, the uniqueness of the Edisto River Basin, many of its current natural resource values, and opportunities for economic enhancement of its citizens could be lost without proactive planning on the part of the local citizens; and

Whereas, the South Carolina Water Resources Commission, the South Carolina Department of Commerce, and the South Carolina Department of Parks, Recreation and Tourism have embarked on a public policy process that will generate a common vision for the future of the Edisto River Basin founded on the collection and delivery of environmental resources information and expert opinion and analysis as decision support for the citizens, public officials, and private sector businesses in the region; and

Whereas, United States Senator Ernest F. Hollings, with the support of other delegation members, has spearheaded efforts to secure federal funds for the Edisto River Basin Project and made this effort a national pilot program as an innovative approach to natural resource management. The National Research Council Mapping Science Committee has recognized the project as a model for government partnerships in generating state-of-the-art information management system support for decision making which is a critical component of building a national spatial data infrastructure; and

Whereas, the Edisto River Basin Task Force made up of local citizens will recommend the best ways to use and protect the basin's resources while expanding its economic base. For the first time, local citizens representing a wide spectrum of interests in all twelve counties of the Edisto River Basin are now meeting to recommend priorities and decide directions for the river basin utilization over the next decade. Now, therefore,

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

That the members of the General Assembly of South Carolina recognize 1994 as a critical year for determining the future direction of the Edisto River Basin and to declare 1994 as the "Year of the Edisto".

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

H. 5161--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.

Whereas, thirty-seven million Americans are without health insurance and many more are under-insured because of the effects of rising health care costs. The costs of health care are escalating by as much as seventeen percent each year. This has forced employers to trim the level and availability of health care benefits to their employees; and

Whereas, polling of citizens shows that a substantial majority feel that affordable health care is the number one economic issue facing them; and

Whereas, over-utilization of medical services for relatively small claims is one of the most significant causes of health care cost increases. More than two-thirds of all insurance claims for medical spending are less than three thousand dollars each year for families in this country; and

Whereas, the concept of medical savings accounts has developed in response to the runaway cost increases of health care in this country. This initiative is designed to bring market forces to bear on health care and its financing. It is predicated on providing incentives to eliminate unnecessary medical treatment and encourage competition in seeking health care; and

Whereas, through employer-funded medical care savings and reduced cost catastrophic insurance policies, millions of Americans could insure themselves for both routine and major medical services. Under the concept of medical care savings accounts, an employer making annual premium payments of four thousand five hundred dollars per employee each year, the national average, would invest three thousand into a medical care bank account for each employee. From this amount, the employee would pay the first three thousand dollars of medical expenses. The remaining one thousand five hundred dollars of the employer's contribution would go toward the purchase of a group policy to cover catastrophic medical costs up to a specified limit. Any of the three thousand dollars not used to pay incurred medical bills belongs to the employee. This would be a strong incentive for people not to abuse health expenditures, and this concept also makes it more feasible for low income workers to seek preventive care and early intervention which they might otherwise be forced to forego due to high deductibles in traditional policies; and

Whereas, by making medical care decisions the employee's prerogative, individuals have a strong stake in reducing costs. This simple financial mechanism also will expand health insurance options to others who presently have no insurance. Most importantly, this move to decrease health care cost burdens in this country would require no new federal bureaucracy and would be revenue neutral to employers. Now, therefore,

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

That the members of the General Assembly of South Carolina hereby memorialize the Congress of the United States to promptly enact legislation to enable Americans to establish medical care savings accounts.

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

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

S. 1282--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1282 -- Senator Moore: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CHANGE THE NAME OF THE JOHN L. HIXON BRIDGE IN THE NORTH AUGUSTA AREA TO THE JOHN L. HIXON INTERCHANGE.

Whereas, the John L. Hixon Bridge is located at Exit Number 1 off United States Interstate 20; and

Whereas, due to the amount of construction in the area of the bridge, it is necessary to change the name of the bridge to reflect the change in the area. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to change the name of the John L. Hixon Bridge in the North Augusta area to the John L. Hixon Interchange.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

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

H. 5189--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.

Whereas, a modern, well maintained, efficient, and interconnected transportation system is vital to the economic growth and health and the global competitiveness of our State and the entire nation; and

Whereas, the highway network is the backbone of a transportation system for the movement of people, goods, and internodal connectivity; and

Whereas, it is critical to effectively address highway transportation needs through appropriate transportation plans and program investments; and

Whereas, the 1991 Internodal Surface Transportation Efficiency Act (ISTEA) established the concept of a one hundred fifty-five thousand mile National Highway System which includes the Interstate System; and

Whereas, on December 9, 1993, the United States Department of Transportation transmitted to Congress a one hundred fifty-nine thousand mile proposed National Highway System which identified one hundred four port facilities, one hundred forty-three airports, one hundred ninety-one rail-truck terminals, three hundred twenty-one Amtrack stations, and three hundred nineteen transit terminals; and

Whereas, ISTEA requires that the National Highway System and interstate maintenance funds not be released to the states if the system is not improved by September 30, 1994; and

Whereas, the uncertainty associated with the future of the National Highway System precludes the possibility of the State to effectively undertake the necessary and properly developed planning and programming activities. Now, therefore,

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

That the members of the General Assembly memorialize the Congress of the United States to develop and approve quickly the National Highway System no later than September 30, 1994.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Clerk of the United States House of Representatives, the President of the United States Senate, and the South Carolina Congressional Delegation.

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

MOTION PERIOD
H. 4349--RECALLED

Rep. WILKINS moved to recall H. 4349 from the Judiciary Committee, which was agreed to.

APPEAL FROM RULING--MOTION WITHDRAWN

Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on the motion to appeal the ruling of the Chair, which was agreed to.

The SPEAKER called the SPEAKER Pro Tempore to the Chair to act as presiding officer.

Rep BEATTY withdrew his appeal.

SPEAKER IN CHAIR

Rep. STODDARD moved that when the House adjourns, it adjourn to meet at 11:00 A.M. tomorrow.

As a first substitute, Rep. SHARPE moved to recall S. 1366 from the Education and Public Works Committee.

As a second substitute, Rep. BOAN moved that the House do now adjourn, which was agreed to.

MOTION NOTED

Rep. HASKINS moved to reconsider the vote whereby H. 3141 was continued and the motion was noted.

MOTION NOTED

Rep. HASKINS moved to reconsider the vote whereby H. 4306 was continued and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following.

H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

H. 5199 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING KAREN E. BURGESS OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HER ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

H. 5200 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING JAMES E. MAHONEY, JR., OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

H. 5201 -- Reps. G. Brown, Canty, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION CONGRATULATING CHRISTOPHER A. MEREDITH OF HILLCREST HIGH SCHOOL, SUMTER SCHOOL DISTRICT TWO, ON HIS ACADEMIC AND SCHOLARSHIP HONORS AND AWARDS.

H. 5202 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MS. BETH ANN HOLTZCLAW OF ANDERSON ON RECEIVING THE "YOUTH IN ACTION" AWARD FROM THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

H. 5203 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. LINDA JO ANDERSON OF BELTON ON BEING NAMED THE RECIPIENT OF THE "SERVICE TO THE CHILD" AWARD BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

H. 5204 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. WILLIE MAE LEE OF BELTON ON BEING NAMED THE "COMMUNITY VOLUNTEER OF THE YEAR" BY THE FOOTHILLS UNITED WAY AND THE JUNIOR LEAGUE OF ANDERSON.

ADJOURNMENT

At 1:45 A.M., Wednesday, the House in accordance with the motion of Rep. T.C. ALEXANDER adjourned in memory of James M. Brown of Oconee County, to meet at 10:00 A.M. today

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