South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, JANUARY 15, 1987

Thursday January 15, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

God of all goodness and the Source of every blessing, make us to see every new day as a gift from Your beneficent hand and as a challenge and an opportunity to do Your bidding. Keep us ever in the knowledge that we are guarded and protected because of Your concern and sustained by Your power. Be with us this day and every day to make us able to supress wrong and defend right. Give us such a full measure of courage that no darkness can put it out. Grant us a faith to live by, a self to live with, and a cause to live for.

Thank You, Lord, for hearing our prayer. Amen.

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

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

ELECTION APPEAL HEARING--DISTRICT NO. 95

The following was received.

THE STATE OF SOUTH CAROLINA
BEFORE THE HOUSE OF REPRESENTATIVES
APPEAL FROM THE BOARD OF STATE CANVASSERS

Larry Mitchell, Protestant
vs. ORDER
William S. McCain and
The Orangeburg County Election Commission,
Respondents.

TO:         James Patrick Hudson, attorney for Larry Mitchell, Protestant, William F. Able, attorney for William S. McCain, Respondent, the State Election Commission and the Orangeburg County Election Commission:

Whereas, on January 13, 1987, the election contest for House District 95 was referred to the House Judiciary Committee; and

Whereas, the House Judiciary Committee has referred the election contest to its Election Laws Subcommittee for study and report;

It is therefore ordered that the Election Laws Subcommittee, chaired by the Honorable Jackson V. Gregory, will meet to hear oral arguments from the attorneys for Protestant Larry Mitchell and Respondent William S. McCain on Wednesday, January 21, 1987 at 10:00 A.M. in Room 101 of the Solomon Blatt Building.

It is further ordered that the attorney for each side will be allowed 45 minutes to make his argument. The protestant may reserve up to 10 minutes for rebuttal.

It is further ordered that the Election Laws Subcommittee will then make its report to the full Judiciary Committee who will report to the full House.

And it is so ordered.

The Honorable Robert J. Sheheen

Speaker of the House of

Representatives
January 14, 1987

Received as information.

REPORT RECEIVED

The following was received.

1985-86 ANNUAL REPORT OF
THE JOINT LEGISLATIVE
ELECTION LAW STUDY COMMITTEE
November 25, 1986

To The Honorable Richard W. Riley, Governor of South Carolina and Members of the General Assembly of South Carolina.

It is with great pleasure that we transmit the 1985-86 Annual Report of the Joint Legislative Election Law Study Committee. This document reflects action by the Committee on key legislation and an introduction to prospective concerns that the General Assembly may be called upon to resolve.

Approved and respectfully submitted, we are

________________________________     _______________________________
Donald H. Holland, Chm.     Elizabeth J. Patterson
Senator     Senator
________________________________     _______________________________
John W. Matthews, Jr.     Joe Wilson
Senator     Senator
________________________________     _______________________________
T. W. Edwards, Jr.     Daniel E. Martin, Sr.
Representative     Representative

(Did not seek Reelection)     (Resigned 6/20/86)
Timothy A. Brett     Palmer Freeman, Jr.
Representative     Representative
________________________________     _______________________________
Adell Adams     Betty M. Moore
Gubernatorial Appointee     Gubernatorial Appointee
________________________________     _______________________________
M. R. Mickey Miller     Edward E. Poliakoff
Gubernatorial Appointee     Gubernatorial Appointee

PREFACE

In 1975 an Election Law Study Committee was created by The South Carolina General Assembly. Its enabling legislation indicated that the Committee was to study and make recommendations on election laws for a six year period, which expired on June 6, 1981. The original committee consisted of twelve (12) members: four (4) appointed from the Senate by the President of the Senate; four (4) appointed from the House by the Speaker of the House; and four (4) appointed by the Governor.

Upon its expiration in 1981, election laws were reviewed by a Joint Subcommittee of the Senate and House Judiciary Committees. Due to the increased workload and growing interest in the electoral process, Senator Donald H. Holland (D. Kershaw-Chesterfield Counties) introduced and obtained enactment of legislation re-establishing the Committee during the 1985 Session of the General Assembly. This Committee began meeting in August 1985 and met through March 1986 for review of pending legislation referred and concentrated study of the electoral process.

COMMITTEE MEETINGS

The Committee held nine (9) meetings from August 21, 1985 to March 12, 1986. The Committee debated and considered issues ranging from presidential primaries to a code of fair campaign practices. Its priorities were, however, registration by mail and state run primaries. The following is a listing and status report of the Committee's recommendations for the 1986 Session.

ADOPTED

S.3 -     Posting Of Election Results

This legislation provided that the vote count must be posted in a conspicuous site except in counties where vote recorders were used. (R.434, Act 398 5/6/86)

S.6 -     Public Inspection Of Canvass

Statements from voting machines would have to be available for public inspection in each precinct for not less than ten (10) minutes before being filed under S.6. (Died, House Judiciary)

S.14 -     Delegates Based Upon Party's Presidential Electors

County convention delegates would be based upon the particular party's presidential electors and not merely the presidential electors at the last preceding general election. (Died, Senate Judiciary)

S.29 -     Publication Of Vote immediately Upon Return Of Results

This legislation was similar to S.3. However, it amended a different Code provision so as to provide for posting at the commission office. S.3 related to precinct posting. (Died, Senate Judiciary)

S.37 -     Poll Hours

Polls would open at seven (7) A.M. instead of eight (8) A.M. This legislation prevented the confusion of voters residing near the State's boundaries when they heard broadcasts from neighboring states on poll hours. (Died, Senate Judiciary) (See H.2091, for companion bill that passed)

S.777 -     Challenged Ballots

Each ballot which was no longer challenged or whose challenge was decided in favor of the voter was to be removed from the envelope, mingled and counted and the totals added to the previously counted regular ballot total of all precincts without attribution to a particular precinct. This legislation provided clarification on how challenged ballots were to be counted. (Died, House Judiciary)

H.2029 -     State Run Primaries (As Amended by the House)

This legislation was adopted by the Committee as amended by the House. Primaries would be conducted by the County and State Election Commission. Filing fees would be transmitted to the State Election Commission with the Commission's executive director obtaining the authority to establish dates for special primaries.

Under this legislation Senatorial recommendation was removed. Commissioners would require only one-half of the votes of the county delegation. At least one of the appointees would represent the largest and second largest political parties, respectively, as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation was composed of only one party's member. If the delegation chairman failed to submit the list in a timely fashion, the State Election Commission could make appointments.

Commissioners would appoint managers from a list submitted by each political party holding a primary. No person would be appointed who had not received certification as a trained manager.

The filing period for protests of State offices would change under this legislation and provisions were made to ensure that a protestant would have members of his party sitting during the protest. (Died, Senate Judiciary)

H.2091 -     Poll Hours

Under this legislation, polls would open at seven (7) A.M. instead of eight (8) A.M. New hours would be from seven (7) A.M. to seven (7) P.M. (R.361, Act 342 3/10/86, Precleared by Justice Department)

H.2302 -     Nicknames On Ballots (As Amended by the House)

Candidates would be allowed to use their given name, a derivative of their given name or a nickname which bears no relation to their given name if the nickname did not exceed fifteen letters. All derivatives and nicknames would have to be used in good faith for honest purposes. (Died, Senate Floor)

H.2361 -     State And County Conventions

This legislation changes the time period for county and state conventions from March 1st through the 31st and April 1st through April 15th to a twelve (12) month period ending on March 31st and a twelve (12) month period ending on April 15th of every general election year, respectively. Club meetings are to be held no later than two (2) weeks prior to the county convention.

Under this legislation, the state committee would have the authority to set the month of the county convention with the county committee retaining the right to determine the date, time and place so long as it occurred no later than two (2) weeks prior to the state convention. When a month in a non-general election year is chosen for the county or state convention, it would be held for the purpose of reorganization only.

Passage would enable South Carolina to participate in the Southern Regional Primary. (R.342, Act 327 2/20/86, Precleared by Justice Department, but as enabling legislation)

H.2777 -     Printing Of Paper Ballots

This legislation provided that for primary, general or special elections ballots could be printed on only one side of the paper. (R.462, Act 418 5/13/86, Precleared by Justice Department)

H.2911 -     Certification For Less Than County-Wide Offices

These provisions would make certification for offices uniform by including less than county-wide offices under Title 7 with regard to certification for placement on the general election ballot. (R.363, Act 344 3/7/86, Precleared by Justice Department)

H.2912 -     Deletion of Reading Requirement On Registration Forms

This legislation would repeal the reading and writing requirements of the State Constitution on voter registration forms. (R.364, Act 345 3/7/86, Precleared by Justice Department)

H.2913 -     Decertification Of Political Parties

Political parties would have to field candidates in at least one of every two consecutive general elections held on the first Tuesday following the first Monday in November of an even-numbered year or nominate and certify candidates in any other election which might be held within the period of time intervening between two general elections in order to remain certified. A decertified or noncertified party would not be allowed to (re)register unless its name was substantially different from the name of any other party previously certified. (R.365, Act 346 3/7/86, Precleared by the Justice Department)

ADOPTED WITH AMENDMENT

S.301 -     Consolidation Of Election and Registration Boards

This bill would combine county registration and election commissions. Appointment powers would be broadened to include a majority of the delegation as opposed to that of Senatorial confirmation. This legislation would ensure that a member of the minority party was always represented on the board. Although the supervisor (of the board) would be a county employee, a supplement, space and equipment would be appropriated by the State. ELECTION LAW AMENDMENT: The amendment would stagger the terms of members to ensure continuity of service on the board and change the title from "supervisor" to "director" of the board. (Died, Senate Judiciary)

S.151 -     Continuation Of Protest Upon Death Of Candidate

If a candidate died after an election but before the time for filing or died after a protest had been timely filed, a protest could be filed or continued by his spouse, executor or administrator. (Died, Senate Judiciary) See H.2222 for companion bill and ELECTION LAW AMENDMENT that passed.

S.971 -     Access For The Elderly/Handicapped

Electors, who because of age or a physical handicap, are unable to stand in line to vote would be able to vote outside utilizing the vehicle in which they had traveled in to the polls. Upon presentation and verification of the voter's eligibility, two managers would take the poll list and ballot to the voter. The managers would notify any poll watchers who desired to accompany them as observers. No person would be allowed in the car with the voter unless the voter required assistance due to blindness, disability or an inability to read or write, etc.

This legislation provided that persons physically disabled due to illness or injury could use absentee registration forms for permanent registration. In addition, blank ballots for overseas citizens would be available. ELECTION LAW AMENDMENT: The amendment would also provide for permanent registration of persons sixty-five (65) years of age or older. [Adopted] (R.450, Act 407 5/12/86, Precleared by Justice Department)

H.2002 -     Registration By Mail

Under this legislation, any qualified citizen could register by mail not later than forty-five (45) days prior to any election. The application would be sworn to and subscribed to before a notary. A letter of rejection would be sent to an applicant if 1) any portion of the application was not complete, 2) any portion of the application was illegible or 3) the board was unable to determine a precinct or election district. ELECTION LAW AMENDMENT: The amendment required the application to be witnessed by a qualified elector from the respective county who lists his name, address and phone number where applicable. FINAL DISPOSITION: Conference Committee Report with ELECTION LAW AMENDMENT adopted. (R.631, Act 535 effective 8/20/86 upon Preclearance by the Justice Department [Forms, guidelines and procedures Precleared by the Justice Department])

H.2222 -     Continuation Of Protest Upon Death Of Candidate

If a candidate died after an election but before the time for filing or died after a protest had been timely filed, a protest could be filed or continued by his spouse, executor or administrator. ELECTION LAW AMENDMENT: The amendment would allow the candidate's political party or a representative duly appointed by the court to file or continue the protest on behalf of the candidate. [Adopted] (R.377, Act 357 3/28/86, Precleared by the Justice Department)

CONSIDERATION GIVEN/NO ACTION TAKEN

S.7 -     Identification Specifications For Poll Watchers

Under this legislation, poll watchers would be required to display visible identification of the party and not the candidate they represented in general and special elections. However, candidates for whom they would be working must be identified in primaries and when they represent candidates other than those of political parties in general or special elections. (Died, Senate Judiciary)

S.8 -     Arrangement Of Offices/Candidates On Ballots

The arrangement of the offices and names of candidates would be in the following order: President, US Senate, US House of Representatives, Governor, Lieutenant Governor, Secretary of State, and other State Officers, State Senate, State House of Representatives, Solicitor, County Council and county offices. Should the machines not permit such arrangement, the arrangement of offices on the ballots would be provided by the commissioners of election following the above-prescribed arrangement as closely as possible. (Died, Senate Judiciary)

S.9 -     Solicitation At Polls

This legislation provided that it would be unlawful for any person to solicit votes on any election day within two hundred feet (200') of the polls. However, candidates could visit "briefly" to greet poll workers and voters. (Died, Senate Judiciary)

S 11 -     Straight Party Ticket Voting

This legislation would delete straight party ticket voting. (Died, Senate Judiciary)

S.14 -     Delegates Based On Particular Party's Presidential Electors

County convention delegates would be based upon the particular party's presidential electors and not merely the presidential electors at the last preceding general election. (Died, Senate Judiciary)

S.155 -     Redefined Candidate And Changed Procedure For Maintaining Records

Candidate would be redefined to mean any person who officially filed as a candidate for office; who publicly announced that he was running for office; or who authorized or knowingly permitted the collection or disbursement of money for the promotion of his candidacy or election; including persons elected by the General Assembly or appointed with the advice and consent of the Senate when the office fell under Section 8-13-810 of the 1976 S.C. Code of Laws, as amended.

In addition, this legislation would change the procedure for maintaining campaign records. Contributions could be made to only those candidates and committees organized under this chapter. Funds would be deposited and all expenditures made from a banking institution with the exception of the maintenance of a nominal petty cash fund. However, prior to accepting or expending funds each party would file pertinent information with the State Ethics Commission including any other information not specifically requested in this legislation. Changes in information would be reported within ten (10) days of the change.

The report would not be required for a primary runoff nor would reports of any kind be required of unopposed candidates. The pre-election report contrasted against the current law which allowed the report to be filed thirty (30) days after the election. Current law provided that contributions in the amount of One Hundred Dollars ($100.00) or more during the two (2) week period prior to the election must be available for public inspection. Under this legislation, at least fifteen (15) days before the election, information from the preceding twenty (20) days prior to the election would be reported instead of merely available.

Contribution reports would contain lists of loans, lenders, co-signers, contributions with an aggregate value of One Hundred Dollars ($100.00), the total amount of all other contributions not listed, including interest and a statement of the ultimate distribution of retained funds. Contributions would be made in the name of the owner of the money or property donated. Expenditure reports would include all expenditures exceeding Twenty-Five Dollars ($25.00), remaining debts in amounts exceeding One Hundred Dollars ($100.00) and the total amount of debts and expenditures not otherwise listed. (The Committee felt that a referral to the Ethics Committee might be more appropriate. (Died, Senate Judiciary [Companion bill to H.2249])

S.200 -     Election Bribery

This legislation would make the payment, offer to pay or acceptance of payment of money or other article of value (for voting) a felony instead of a misdemeanor. Therefore, the first offense penalty would be increased from not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and imprisonment for any period of time not less than one (1) month nor more than six (6) months to not more than Ten Thousand Dollars ($10,000.00) or imprisonment for a term not exceeding five (5) years. (Died, Senate Judiciary)

S.280 -     Primary Runoff Unnecessary When Candidate Received Forty Per Cent (40%) Of The Vote

This legislation removed the majority rule requirement necessary for declaration as the party nominee. Candidates would now be declared nominated with forty per cent (40%) or more of the vote. (Died, Senate Judiciary)

S.558 -     Maximum Number Of Gubernatorial Appointments To Election Commissions Would Be Increased From Five (5) To Seven (7)

The Maximum number of gubernatorial appointments to election commissions would be increased from five (5) to seven (7). (Died, Senate Judiciary)

S.578 -     State Run Primaries

S.578 was similar to H.2029. The bills were different in the following ways:

(1) Notification for hearings on challenged ballots under S.578 would appear two (2) weeks after the first notice; H.2029 would require notification not less than two (2) weeks after the first;

(2) Commissioners would be appointed by the Governor upon the recommendation of the Senator and at least half of the House members; H.2029 would remove Gubernatorial appointment and place the authority with at least half of the legislative delegation. Note: Senatorial approval would not be required;

(3) H.2029 mandated that prior to primaries each party conducting a primary would submit four (4) names to the State Election Commission. The persons from the minority party would sit with the county board during a protest by a candidate from the minority party. This requirement was not found in S.578;

(4) Notice of appeals from the county board of canvassers would be made not later than 3:00 P.M. the Friday following the decision. H.2029 changed the time to not later than noon the following Monday;

(5) H.2029 mandated that prior to primaries state political parties would submit four (4) names to the State Election Commission. In the event of an appeal from the county board of canvassers, the persons from the protestant's party would sit with the State Board of Canvassers, if necessary, to give the candidate a majority on the Board for that protest. This requirement was not found in S.578.

(6) H.2029 changed the time for filing a protest with the State Board of Canvassers from noon the following Monday to the fifth (5th) day following the canvass. H.2029 also changed the time for hearing the protest from the Thursday following the deadline to not earlier than the fifth (5th) nor later than the tenth (10th) day following the deadline for filing;

(7) H.2029 provided that primaries, except for municipal primaries, be held the second (2nd) Tuesday in June of each general election year and that presidential preference and advisory primaries could be held. S.578 did not address these issues. (Died, Senate Judiciary)

S.740 -     Primary Runoff Unnecessary When Candidate Received Thirty Per Cent Of Vote

This legislation removed the majority rule requirement necessary for declaration as the party nominee. Candidates would be declared nominated with thirty per cent (30%) or more of the vote. This bill was similar to S.280. (Died, Senate Judiciary)

S.785 -     Challenged Ballots Where Name Not On Books

Prior to a hearing for a challenged ballot where a voter's name did not appear on the books, the registration board would certify that the voter was registered or the vote would be disallowed. (Died, Senate Judiciary)

S.815 -     Inspection Of Unofficial Election Results

After unofficial results have been transmitted to the State Election Commission but before the time to file protests has expired, a candidate and up to four (4) of his representatives would, upon written request, be given an opportunity to inspect unchallenged ballots, etc. (Died, Senate Judiciary)

S.816 -     Failure Of Voter To Appear For Challenged Ballot Hearing

The failure of a person whose vote had been challenged to appear at the hearing would not be presumptive that the person was unqualified to vote. The hearing officer based on all available information would determine whether to allow the ballot. (Died, Senate Judiciary)

S.817 -     Distribution Of Campaign Literature Within Two Hundred Feet (200') Of Polling Place

Beyond the restriction against distributing campaign literature within two hundred feet (200') of the polls, this legislation would make it unlawful for any person to be within two hundred feet (200') of the building wherein the polling place is located. An exception would be made for candidates, poll watchers, authorized election officials, voters exiting the area and any other persons having legitimate business or duties at the polling place. Unauthorized persons could be removed by the appropriate law enforcement authority. (Died, Senate Judiciary)

S.818 -     Voting Machines

This legislation would change the current law so as to provide for one voting machine per every two hundred and fifty (250) voters rather than per three hundred (300) voters. This would apply to counties and municipalities utilizing machines. (Died, Senate Judiciary)

S.819 -     Alteration And Division of Precincts

When a precinct had more than seven hundred and fifty (750) [as opposed to the current one thousand and five hundred (1,500)] electors, the precinct list would be divided alphabetically so that no list contained more than seven hundred fifty (750) electors; provided that alteration pursuant to Section 7-7-710 allowing the General Assembly to make alterations by April 1st of each odd-numbered year was not affected. (Died, Senate Judiciary)

S.820 -     Precincts With More Than One Senate Or House District

Where a precinct encompasses more than one Senate or House District, the poll manager would establish an identifiable line for voting for each Senate or House District. (Died, Senate Judiciary)

S.822 -     Voter Deletion From Precinct List

If material was mailed by the State Election Commission or local registration board and was returned at least thirty (30) days before an upcoming election due to an unknown address, the Commission would delete this name from the poll list. If the elector thereafter appeared to vote, he would be permitted to vote a challenged ballot. (Died, Senate Judiciary)

S.894 -     Code Of Fair Campaign Practices

The provisions of this legislation would apply to all candidates seeking an office filled by an election participated in by qualified electors. At the time any candidate filed, the appropriate official would give the candidate a copy of the Fair Campaign Practices Code and inform him that compliance with the code was mandatory. A candidate could not be placed on the ballot until he had complied with the Code on a form prescribed by the State Election Commission.

The Code provided that all political campaigns in the State of South Carolina would be conducted in a climate promoting discussion of the issues and presentation of the records and policies of the candidates stimulating just debate with respect to the views and qualifications of the candidates, and without inhibiting or interfering with the right of every qualified person and political party to full and equal participation in the electoral process.

The State Election Commission would be given authority to conduct investigations. Any person alleging violations of any part of the chapter would file his complaint in a confidential manner. (Died, Senate Judiciary).

H.2016 -     Withdrawal Of Candidacy Before Seeking Another Office (As Amended by the House)

This legislation required a candidate to withdraw his candidacy for any statewide or lesser office before seeking another. Filing fees would not be returned and filing would be reopened for no more than a week for the earlier office if filing had closed and no other individuals had filed.

This would apply to all offices and to nominees and petition candidates as well. (Died, House Floor) See H.2510 for similar bill.

H.2082 -     No Runoff When Candidate Received Forty (40%) Per Cent Of Votes

This legislation removed the majority rule requirement necessary for declaration as the party nominee. Candidates would now be declared nominated with forty (40%) per cent or more of the vote. (Died, House Judiciary) Companion bill to S.280.

H.2101 -     Students Could Register Where Attending College

Students enrolled in post-secondary institutions could consider the county where they resided while attending school as their domicile for voter registration purposes. ( Tabled in House Judiciary Committee)

H.2248 -     Regulation Of Contributions and Corporate Political Funds

No person, corporation or labor union could contribute in the aggregate more than One Thousand ($1,000.00) Dollars per calendar year to a candidate for state office or to a committee supporting or opposing a ballot issue. The limitation amount is Five Hundred ($500.00) Dollars for local issues and candidates.

No person, corporation or labor union could make a contribution to a campaign committee that supported the candidacy of more than one (1) candidate unless he earmarked his contribution for each candidate and each of the earmarked parts of the contribution complied with the limitation on contributions. The limitations would not apply to a political party, unless all or a part of it was earmarked. Limitations would not apply to candidate's own contributions. Note: Corporations or labor unions could when consistent with federal law establish permanent political committees through separate funds. (Tabled in House Judiciary Committee)

H.2249 -     Definitions and Procedures For Maintaining Records

See S.155 for detailed report. (Died, House Judiciary)

H.2278 -     Removal Of Campaign Literature

Political posters and campaign literature lawfully affixed without the payment of consideration to structures, etc., would be removed within thirty (30) days after an election. Candidates involved in run-offs could allow literature to remain for thirty (30) days after the runoff and likewise for candidates who were nominees in an upcoming special or general election.

Any candidate after receiving notice of a specific violation who failed to remedy the violation within five (5) days or who was in violation in at least five (5) specific instances would be guilty of a misdemeanor and upon conviction would be punished by a fine not exceeding One Hundred ($100.00) Dollars per violation. Each violation constituted a separate offense. (Tabled in House Judiciary) See H.2683 for similar bill.

H.2279 -     At-Large County Council Seat (As Amended by the House)

This legislation provided that the governing body of a county may add by ordinance an additional member who must be its chairman and elected from the county at-large without regard to election districts. In addition to other methods of election that are provided for by law the following alternates could be established by referenda:

(1) At-large from the county;

(2) From defined single member election districts;

(3) At-large with residency requirements;

(4) Any combination of (1), (2) and (3);

(5) Any other method in effect in the county when the referendum was held.

Any county whose 1980 census was between 275,000 would hold an election within ninety (90) days after the effective date of the act to determine the form of Government and the method of election. (R.618 6/5/86, Vetoed by Governor 6/16/86, Veto Sustained 6/19/86)

H.2493 -     Felony Established For Vote Buying

Buying votes would become a felony provided that payment for transportation to the polls was exempt. (Tabled in House Judiciary) See S.200 for similar bill.

H.2510 -     Resignation Of Office Before Seeking Another

This legislation would mandate that persons holding public elective office resign before seeking another public elective office. (Tabled in House Judiciary) See H.2016 for similar bill.

H.2583 -     Recall of Public Officials Constitutional Amendment

This legislation proposed a constitutional amendment so as to establish recall procedures for public officials. Every person holding a public office of the State or any of its political subdivisions, either by election or appointment would be subject to recall from office.

Persons entitled to vote for the official would be eligible to sign his recall petition. Recall petitions would not name more than one official for recall and could not be filed against any official who had been subject to a recall election within a period of two (2) years during his term of office unless the authority financing the election had been reimbursed for the preceding election. (Tabled in House Judiciary)

H.2683 -     Cash Bond For Removal of Campaign Literature

Candidates would be required to post a cash bond equal to $25.00 for each county or portions of a county where the candidate's name appeared on the ballot. The bond would ensure that campaign literature was removed within thirty (30) days after the final election. If the literature was removed within thirty (30) days, the candidate would be entitled to a refund. (Tabled in House Judiciary) See H.2278 for similar bill.

H.3042 -     County Election Commission to Approve Ballot Format; Sample Ballots To Be Made Available

The respective county election commission would approve the format for all general, special and primary election ballots. Congressional and presidential ballots would be exempt. These ballots would be approved by the State Election Commission. Sample ballots would be made available for inspection by the public at least ten (10) days prior to the election. (Died, House Judiciary)

ELECTION LAW COMMITTEE PROPOSALS

S.908 -     Campaign Advertising

This legislation provided that any person making an expenditure for communications advocating the election or defeat of a candidate, or soliciting any contribution by any type of advertising must state the communication: 1) had been paid for by the candidate or his committee; 2) had been paid for by other person(s) and authorized by the candidate or his committee; 3) had been paid for by a person not authorized by the candidate or his committee. (Died, House Judiciary)

S.949 -     Party Pledge

Under this legislation candidates would pledge the acceptance that write-in votes might not be counted in the ensuing special or general election for the same State office if he was defeated in the primary. ELECTION LAW AMENDMENT: Makes an exception if the nominee died, withdrew or was otherwise disqualified. (Died, House Judiciary)

S.952 -     Write-Ins Once Defeated In Primary

A person who had been defeated in the primary for an office would be precluded from being elected in the general election. ELECTION LAW AMENDMENT: Makes an exception if the nominee died, withdrew or was otherwise disqualified. (Died, Senate Judiciary)

FUTURE CONCERNS

The Committee recognizes that in our State there has been a trend by many for various reasons to avoid jury duty. In recent years this failure to serve has had the effect of creating an unfair burden on those who are willing to fulfill their civic duty.

Therefore, the Committee will give serious consideration to the perennial legislation and constitutional amendment requiring jurors to be qualified electors or drivers registered with the South Carolina Department of Highways and Public Transportation.

The final area of study will be review of the November election to determine how we might improve the efficiency of our electoral process. The Committee will rely heavily upon the expertise of its membership representing the election commission and registration boards in this regard.

Received as information.

COPIES ORDERED PRINTED

On motion of Rep. EDWARDS, with unanimous consent, 200 extra copies of the Report were ordered printed.

REPORT OF STANDING COMMITTEE

Rep. KIRSH, from the York Delegation, submitted a favorable report, on:

H. 2030 -- Rep. Kirsh: a BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO CHANGE THE PRECINCT LINES IN BETHEL NO. 1 AND CANNON MILL PRECINCTS.

H. 2030--ORDERED TO THIRD READING

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

H. 2030 -- Rep. Kirsh: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO CHANGE THE PRECINCT LINES IN BETHEL NO. AND CANNON MILL PRECINCTS.

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

H. 2030--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 2030 be read the third time tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 2189 -- Reps. L. Martin, Cooper, Evatt, Beasley, Kay, McCain, L. Phillips, Hendricks and Blackwell: A CONCURRENT RESOLUTION TO CONGRATULATE DR. FLYNN T. HARRELL UPON HIS ELECTION AS PRESIDENT OF THE SOUTH CAROLINA BAPTIST CONVENTION AND EXTEND TO HIM BEST WISHES DURING HIS TENURE.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 2188 -- Reps. Wilkins, Russell, Huff, J.C. Johnson, Corning, Hayes, Toal, McEachin and Gregory: A BILL TO AMEND SECTION 15-78-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT IF A CAUSE OF ACTION AGAINST A GOVERNMENTAL ENTITY AROSE OR ACCRUED PRIOR TO JULY 1, 1986, A CLAIM MAY BE MADE AGAINST THAT GOVERNMENTAL ENTITY UP TO THE AMOUNT OF LIABILITY INSURANCE COVERAGE MAINTAINED BY THE ENTITY AND TO DELETE A REQUIREMENT THAT THE CASE MUST HAVE BEEN FILED PRIOR TO JULY 1, 1986, IN ORDER FOR THESE CLAIMS TO BE MADE; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING THESE CLAIMS MUST BE COMPUTED.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Brown, C.              Brown, H.              Brown, J.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Derrick                Edwards                Evatt
Faber                  Fair                   Foster
Foxworth               Gentry                 Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Kay                    Keyserling
Kirsh                  Klapman                Kohn
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Russell
Sharpe                 Sheheen                Simpson
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 15, 1987.

E. Crosby Lewis                   Robert W. Hayes, Jr.
Robert N. McLellan                Paul Short
David O. Hawkins                  James E. Lockemy
Philip T. Bradley                 Ken Bailey
William H. Jones                  John J. Snow, Jr.
John H. Burriss                   Tee Ferguson
Dick Elliott                      Larry Koon
Lenoir Sturkie                    John Felder
Total Present--120

STATEMENT OF ATTENDANCE

Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 14, 1987.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SHELTON a leave of absence for the day to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Charles R. Duncan, Jr., of Greenville, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 2002 -- Reps. Rhoad and Wilder: A BILL TO AMEND ARTICLE 1 OF CHAPTER 7 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCATION OF PRECINCTS AND VOTING PLACES, BY ADDING SECTION 7-7-55 SO AS TO ESTABLISH THE VOTING PLACES FOR THE VOTING PRECINCTS IN ALLENDALE COUNTY.

ORDERED TO THIRD READING

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

H. 2178 -- Rep. Rhoad: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. TWO OF BAMBERG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 2178--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 2178 be read the third time tomorrow.

H. 2113--ADOPTED

The following Concurrent Resolution was taken up.

H. 2113 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO APPROVE THE TRANSITION COMMITTEE PLAN FOR THE TRANSFER OF ALL NECESSARY OPERATIONS FROM THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES.

Rep. PEARCE moved to adjourn debate upon the Resolution until Wednesday, January 21, 1987.

Rep. EVATT moved to table the motion which was agreed to.

Reps. PEARCE, McABEE, HUFF, TUCKER and CARNELL objected to the Resolution.

Rep. EVATT spoke in favor of the Resolution.

Rep. McABEE moved that the House do now adjourn.

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

Yeas 13; Nays 97

Those who voted in the affirmative are:

Carnell                Davenport              Harris, P.
Hearn                  Huff                   Johnson, J.C.
Kay                    McAbee                 Pearce
Rhoad                  Simpson                Tucker
Williams

Total--13

Those who voted in the negative are:

Alexander, M.O.         Alexander, T.C.       Altman
Arthur                  Aydlette              Bailey, G.
Bailey, K.              Baker                 Barfield
Baxley                  Beasley               Bennett
Blackwell               Boan                  Bradley, J.
Bradley, P.             Brown, G.             Brown, H.
Brown, J.               Burriss, M.D.         Burriss, T.M.
Chamblee                Clyborne              Cooper
Cork                    Corning               Dangerfield
Day                     Derrick               Edwards
Evatt                   Faber                 Foster
Foxworth                Gentry                Gilbert
Gordon                  Harris, J.            Harvin
Haskins                 Hawkins               Hayes
Helmly                  Hendricks             Hodges
Holt                    Johnson, J.W.         Jones
Keyserling              Kirsh                 Klapman
Kohn                    Koon                  Lewis
Limehouse               Lockemy               Mappus
Martin, D.              Martin, L.            Mattos
McBride                 McCain                McEachin
McElveen                McGinnis              McKay
McLeod, E.B.            McLeod, J.W.          McTeer
Moss                    Neilson               Nesbitt
Nettles                 Ogburn                Petty
Phillips, O.            Rice                  Rogers, J.
Rogers, T.              Rudnick               Russell
Sharpe                  Sheheen               Short
Stoddard                Sturkie               Taylor
Thrailkill              Toal                  Townsend
Waldrop                 Washington            Wells
Whipper                 White                 Wilkins
Winstead

Total--97

So, the House refused to adjourn.

Reps. HEARN and LOCKEMY spoke against the Resolution.

Rep. HEARN moved to table the Resolution.

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

Yeas 29; Nays 75

Those who voted in the affirmative are:

Arthur                 Burriss, J.H.          Burriss, M.D.
Carnell                Davenport              Day
Derrick                Edwards                Haskins
Hearn                  Huff                   Johnson, J.C.
Kay                    Koon                   Lockemy
McAbee                 McElveen               McGinnis
Moss                   Neilson                Petty
Rudnick                Sharpe                 Simpson
Sturkie                Thrailkill             Townsend
Tucker                 Wells

Total--29

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Baxley                 Beasley
Bennett                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Evatt
Faber                  Fair                   Foster
Gentry                 Gilbert                Gordon
Harris, J.             Harvin                 Hawkins
Hayes                  Helmly                 Hendricks
Hodges                 Johnson, J.W.          Keyserling
Kirsh                  Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McBride                McCain
McEachin               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Nettles
Ogburn                 Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Russell                Sheheen                Short
Snow                   Stoddard               Taylor
Toal                   Waldrop                Washington
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--75

So, the House refused to table the Resolution.

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

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

STATEMENT BY REP. WASHINGTON

On motion of Rep. J. BRADLEY, with unanimous consent, Rep. WASHINGTON'S remarks were ordered printed in the Journal as follows:

"Ladies and gentlemen of the House, I would like you to remember a man who, fifty-nine years ago, came into this world as a child, a man who made an outstanding contribution to humankind everywhere. Today is the birthday of the late Dr. Martin Luther King, Jr., and I think it is very fitting for those of us who had an opportunity to know Dr. King and, to not only know him, but to experience the impact of his life, his teaching, and his preaching, to stop for a moment and say, in retrospect, happy birthday, happy birthday to an individual who taught non-violence, to an individual who spoke and preached and taught about peace and unity and justice for all mankind. And I think that as we celebrate his birthday today, people from everywhere, not only in these United States of America, but around the world, where he has had an impact on their lives, celebrate as well. Certainly, today we benefit from many of his prophetic statements and pronouncements, because Dr. Martin Luther King lived, because he had a dream. That dream was that everybody, no matter what the color of their skin, no matter how rich or poor they might have been, that dream was that all of God's children would be able to enjoy the freedom of this land. His dream was that all of God's children would be able not to fight in the street, but to simply be able to sit at the table of brotherly love and have an opportunity to work out their problems and difficulties in that manner. And, because of his dream and because of his life, today we find this happening around the world. So, as members of the General Assembly, I want to remind you about this individual who, had he lived, would have been fifty-nine years old today. And we want to stop and simply pay tribute to him at this time. Thank you, Mr. Speaker."

H. 2104--RECALLED FROM THE
COMMITTEE ON INVITATIONS AND
MEMORIAL RESOLUTIONS

On motion of Rep. HUFF, with unanimous consent, the following Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

H. 2104 -- Reps. Huff, Jones, Rudnick, Sharpe, Gentry and Harvin: A HOUSE RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE THAT PORTION OF SOUTH CAROLINA HIGHWAY 191 BETWEEN JOHNSTON, SOUTH CAROLINA, AND EUREKA, SOUTH CAROLINA, AS THE "CHARLES E. SIMONS, JR., HIGHWAY".

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2190 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. THELMA T. SLATER OF LEE COUNTY UPON HER DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2203 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MARGIE S. TILLMAN OF SUMTER COUNTY UPON HER DEATH.

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

INTRODUCTION OF BILLS

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

H. 2191 -- Reps. Mattos, Foxworth, Harvin, Davenport, J. Brown, Clyborne, Kay, P. Harris, Shelton, Mappus, P. Bradley, J. Bradley, McEachin, Blackwell, Rice, M.O. Alexander and L. Phillips: A BILL TO PROVIDE THAT THE ENGLISH LANGUAGE IS THE OFFICIAL LANGUAGE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT NEITHER THIS STATE NOR ANY POLITICAL SUBDIVISION THEREOF MAY REQUIRE THE USE OF ANY LANGUAGE OTHER THAN ENGLISH, AND TO PROVIDE EXCEPTIONS.

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

H. 2192 -- Reps. Limehouse and Foxworth: A BILL TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO INCLUDE IN THE LISTING THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REQUIRING THE COLLEGE OF CHARLESTON TO BE GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION REQUIRING LANDER COLLEGE TO BE GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AFTER ACQUISITION OF THAT COLLEGE BY THE STATE; TO AMEND CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES, SO AS TO, AMONG OTHER THINGS, ELIMINATE THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE FOR SEPARATE AND DISTINCT BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE, AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 59-111-340, RELATING TO THE EDUCATIONAL INSTITUTIONS SUBJECT TO THE PROVISIONS REGARDING FREE TUITION FOR RESIDENTS SIXTY YEARS OF AGE, SO AS TO DELETE THE PROVISION LISTING "THOSE INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES"; TO AMEND SECTIONS 59-131-10 AND 59-131-30, RELATING TO PROVISIONS FOR PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO, AMONG OTHER THINGS, DELETE ANY REFERENCE TO "STATE COLLEGE BOARD OF TRUSTEES" AND SUBSTITUTE FOR IT THE TERM "BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON"; TO AMEND SECTION 59-112-10, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW FOR THE DETERMINATION OF RATES OF TUITION AND FEES AT STATE-SUPPORTED POST-SECONDARY EDUCATIONAL INSTITUTIONS, SO AS TO DELETE "STATE COLLEGE BOARD OF TRUSTEES" FROM THE DEFINITION OF "STATE INSTITUTION" AND SUBSTITUTE THE TERMS "BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON", "BOARD OF TRUSTEES OF LANDER COLLEGE", AND "BOARD OF TRUSTEES OF FRANCIS MARION COLLEGE"; TO MAKE CERTAIN PROVISIONS FOR THE EFFECT OF CHAPTER 105 OF TITLE 59 PRIOR TO THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE FOR THE YEAR OF ELECTION FOR INITIAL MEMBERS OF THE NEW, SEPARATE, AND DISTINCT BOARDS OF TRUSTEES, AND FOR SUBSEQUENT ELECTIONS, ON AND AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO PROVIDE THAT ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, THE STATE COLLEGE BOARD OF TRUSTEES SHALL CEASE TO EXIST FOR ALL PURPOSES, AND MAKE PROVISIONS FOR THEREAFTER CONSTRUING REFERENCES TO THAT BOARD.

Referred to Committee on Education and Public Works.

H. 2193 -- Reps. Blackwell, Mattos, M.O. Alexander and Rice: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS DECLARED PUBLIC INFORMATION FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE ALL FUNDS RECEIVED OR EXPENDED BY PUBLIC BODIES, INCLUDING SALARIES, EXPENSES, AND OTHER COMPENSATION IF THE SALARY EXCEEDS TEN THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT SALARIES OF EMPLOYEES AT OR BELOW THE LEVEL OF TEN THOUSAND DOLLARS ANNUALLY (RATHER THAN BELOW THE LEVEL OF DEPARTMENT HEAD) MAY BE EXEMPT FROM DISCLOSURE.

Referred to Committee on Judiciary.

H. 2194 -- Reps. McAbee, Sharpe, Kay and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-14 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 2, AND TO PROVIDE A PENALTY.

Referred to Committee on Agriculture and Natural Resources.

H. 2195 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-160 SO AS TO PROVIDE THAT ALL FIREARMS WHEN BEING TRANSPORTED IN A MOTOR VEHICLE OR WATERCRAFT MUST BE UNLOADED AND CARRIED IN A CASE OR IN THE TRUNK OF THE MOTOR VEHICLE.

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

H. 2196 -- Reps. J. Bradley, Holt and D. Martin: A BILL TO AMEND SECTION 6-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF HISTORICAL OR RECREATIONAL DISTRICTS FROM THE PROVISIONS OF ARTICLE 3 OF CHAPTER 11 OF TITLE 6 CONCERNING THE ALTERATION OF BOUNDARIES AND THE ISSUANCE OF GENERAL OBLIGATION BONDS OF SPECIAL PURPOSE DISTRICTS, SO AS TO DELETE RECREATIONAL DISTRICTS FROM THE EXEMPTION.

Referred to Committee on Ways and Means.

H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Gordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.

Referred to Committee on Education and Public Works.

H. 2198 -- Reps. Lockemy, R. Brown, Rudnick, Foxworth, Washington, Harvin, Elliott, J. Brown, Wilder, Moss and Shelton: A BILL TO AMEND CHAPTER 21 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO ENACT THE SOUTH CAROLINA HEALTH SERVICES ACT FOR SCHOOL CHILDREN AND TO CREATE A POLICY COUNCIL TO CONDUCT A THREE-YEAR DEMONSTRATION PROJECT TO DETERMINE FUTURE STATE POLICY REGARDING SCHOOL NURSE PROGRAMS.

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

H. 2199 -- Reps. Neilson, Gilbert, Beasley, Lockemy, R. Brown, Moss, O. Phillips, Elliott, Baxley, Davenport, Harvin, E.B. McLeod, Foxworth, Short and G. Bailey: A JOINT RESOLUTION TO PROVIDE THAT ROLL-BACK TAXES OWED ON REAL PROPERTY WHICH WAS IN AGRICULTURAL USE AND IS APPLIED TO ANOTHER USE WHICH WERE NOT LEVIED IN THE TAX YEAR OF CHANGE IN USE MUST NOT BE COLLECTED IF OWED FOR TAX YEARS BEGINNING JANUARY 1, 1976, THROUGH DECEMBER 31, 1986.

Referred to Committee on Ways and Means.

H. 2200 -- Rep. Blackwell: A BILL TO AMEND SECTION 59-39-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY DRIVING EDUCATION AND TRAINING PROGRAMS BY SCHOOL DISTRICTS, SO AS TO MAKE IT PERMISSORY INSTEAD OF MANDATORY; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVING EDUCATION AND TRAINING, BY ADDING SECTION 59-39-350 SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY SCHOOL DISTRICT TO CHARGE A UNIFORM FEE FOR THOSE STUDENTS WHO ELECT TO TAKE DRIVER EDUCATION AND TRAINING PROGRAMS.

Referred to Committee on Education and Public Works.

H. 2201 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 56-5-2945, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONY DUI, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 2202 -- Reps. Tucker and Huff: A BILL TO AMEND SECTION 17-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO INCREASE THESE FEES.

Referred to Committee on Ways and Means.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2170 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JULIUS B. NESS, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 25, 1987.

H. 2203 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MARGIE S. TILLMAN OF SUMTER COUNTY UPON HER DEATH.

H. 2190 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. THELMA T. SLATER OF LEE COUNTY UPON HER DEATH.

H. 2189 -- Reps. L. Martin, Cooper, Evatt, Beasley, Kay, McCain, L. Phillips, Hendricks and Blackwell: A CONCURRENT RESOLUTION TO CONGRATULATE DR. FLYNN T. HARRELL UPON HIS ELECTION AS PRESIDENT OF THE SOUTH CAROLINA BAPTIST CONVENTION AND EXTEND TO HIM BEST WISHES DURING HIS TENURE.

H. 2174 -- Richland County Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE MRS. CATHERINE C. MCBRIDE OF COLUMBIA, MOTHER OF OUR COLLEAGUE REPRESENTATIVE FRANK E. MCBRIDE.

H. 2173 -- Reps. Limehouse and Day: A CONCURRENT RESOLUTION EXPRESSING THE DISMAY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON LEARNING OF THE KU KLUX KLAN MARCH IN SUMMERVILLE IN DORCHESTER COUNTY PLANNED FOR SATURDAY, JANUARY 17, 1987.

H. 2172 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING FREEMAN MILLWORKS COMPANY ON ITS FORTIETH ANNIVERSARY AS A SOLID, STABLE, AND OUTSTANDING EMPLOYER IN CLARENDON COUNTY.

H. 2171 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ROBERT EDWARD BRIGGS OF CLARENDON COUNTY UPON HIS DEATH.

H. 2168 -- Reps. Harvin, Blanding, McBride, Gilbert, Kirsh, White, Washington, Gordon, J. Brown, Faber, Taylor, K. Bailey, Foster, Ferguson, Williams, Rhoad, Shelton, Whipper and D. Martin: A CONCURRENT RESOLUTION TO COMMEMORATE THE ONE HUNDREDTH ANNIVERSARY OF THE DEATH OF JOSEPH HAYNE RAINEY OF GEORGETOWN WHICH WILL OCCUR AUGUST 1, 1987; TO RECOGNIZE THE FACT THAT HE WAS THE FIRST BLACK TO SIT IN THE UNITED STATES HOUSE OF REPRESENTATIVES; AND THAT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FORMULATE PLANS IN CONJUNCTION WITH THE CITIZENS OF BERMUDA FOR A SPECIAL COMMEMORATION OF THE LIFE OF THIS GREAT AMERICAN.

H. 2111 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 28, 1987.

ADJOURNMENT

At 10:45 A.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 12:00 Noon Tuesday.

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