Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Rev. Robert Blumer, Jr., Pastor of Walhalla Presbyterian Church, Walhalla, S.C. as follows:

O God, You have called into being the governments of the earth to serve Your unfathomable purpose and before you are the instruments of one of those governments. Grant to them the wisdom to see their own folly when in the heat of debate it flares, intelligence not to speak too loudly when uninformed, strength of conviction to know which issues aren't worth the fight, a spirit of liberality which is measured not by the size of an appropriation but by its effectiveness, the nobility to lead which begins and ends with the humility to be servant of all. Through Jesus Christ our Lord we pray.

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.

The following were received.

March 3, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 883)

House of Representatives

Dear Mrs. Shealy:

The State Board of Medical Examiners is hereby temporarily withdrawing regulations pertaining to Requirements for Limited License, effective this date. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

March 7, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 901)

House of Representatives

Dear Mrs. Shealy:

The State Health and Human Services Finance Commission is hereby withdrawing regulations pertaining to the Calculation of County and Hospital Assessments as Required by the Medically Indigent Assistance Act, effective March 4, 1988. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.

March 7, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 931)

House of Representatives

Dear Mrs. Shealy:

The South Carolina Department of Labor is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to the Elevator Safety Code, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., McConnell and Bryan of the Committee of Free Conference on the part of the Senate on S. 732:
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
Very respectfully,
President

No. 56

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 732, and the report having been adopted by both Houses:
S. 732 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO FURTHER DELINEATE WHEN THE DOCTRINE OF SOVEREIGN IMMUNITY IS REINSTATED FOR GOVERNMENTAL ENTITIES AND TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND "SCOPE OF OFFICIAL DUTY"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO RECREATIONAL AREAS, ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD, AND GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE FOR THIS TIME; SECTION 15-78-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTION 59-67-710, AS AMENDED, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY; AND TO PROVIDE THE MANNER IN WHICH THE STATUTORY TIME FOR FILING OF CERTAIN CLAIMS UNDER THE TORT CLAIMS ACT MUST BE COMPUTED.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 30

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 97:
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1152:
S. 1152 -- Senators Setzler, Garrison, Courson, Wilson, Thomas E. Smith, Jr., Drummond, Hayes, Lee, Pope, Russell, Moore, McLeod, Stilwell, J. Verne Smith, Leatherman, Holland, Hinson, Shealy, Lindsay, Giese, Long, Waddell, Thomas and Branton: A CONCURRENT RESOLUTION TO CREATE A JOINT HOUSE AND SENATE EDUCATION COMMITTEE TO INVESTIGATE THE FEASIBILITY OF OPERATING THE STATE PUBLIC SCHOOL BUS TRANSPORTATION SYSTEM THROUGH THE USE OF PRIVATE CONTRACTORS.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1143:
S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., March 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 561:
S. 561 -- Senator Garrison: A BILL TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received from the Senate.

Columbia, S.C., March 8, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3336:
H. 3336 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-37-145 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER AND THE NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.
and asks for a Committee of Conference and has appointed Senators Moore, McConnell and Branton of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 52

Whereupon, the Chair appointed Reps. J. BRADLEY, NEILSON and G. BAILEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received from the Senate.

Columbia, S.C., March 8, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 704:
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5- 1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Very respectfully,
President

On motion of Rep. TOWNSEND, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BEASLEY, J.C. JOHNSON and McCAIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received. Columbia, S.C., March 8, 1988

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. J. ROGERS the invitation was accepted.

The Senate returned to the House with amendments the following:

H. 2122 -- Rep. McTeer: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT AFTER AN INITIAL APPLICATION FOR CLASSIFICATION OF PROPERTY AS "AGRICULTURAL REAL PROPERTY" IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE USE CLASSIFICATION OF THE PROPERTY CHANGES.

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.

On motion of Rep. T.M. BURRISS, with unanimous consent, Rep. THRAILKILL'S remarks were ordered printed in the Journal as follows:

"Mr. Speaker, ladies and gentlemen of the House:

Last week, I announced two decisions -- one patently wise, the other was not.

In my zeal and love for my Alma Mater, I became a candidate for the unexpired term of Mr. William Geiger on the Clemson Board. I had dreamed of this opportunity, and when it came, I forgot some of my lifelong tenets of propriety and 'jumped in'. However, after about twenty-four hours, I had serious doubts about my decision, and after forty-eight hours, I knew I had made a serious mistake. Just as I believe it is patently wrong and unethical for a lawyer-legislator to practice before a Judge he directly votes to seat, the same should apply to any legislator who seeks a position of honor while serving in the Legislature when his opposition does not have that advantage. Therefore, I am withdrawing my name from this race.

Now, for my other decision -- that being not to seek reelection to this august body in November. I would suspect that most neophytes to the General Assembly set goals and have aspirations when first elected. Some are realistic; others are purely personal. And even though I had been involved in the political arena for years, I was somewhat naive of the realities of this General Assembly. However, within a few days of the beginning sessions, the realities surface rather quickly, and a legislator must assess his purpose in serving, and then make a decision as to how he is going to serve. My decision that this would be my last term was predicated upon how I chose to serve my constituents and the State of South Carolina.

It was unrealistic for me to assume that a vast store of knowledge concerning the laws of South Carolina was a necessity to accomplish some of the goals I initially set. Nor was it realistic for me to assume that logic and reason would prevail when important decisions were being made in the General Assembly. Finally, it came to me after several sessions of this House that the real decisions as to what would finally be enacted into law, was not determined on the floor of this House at all, but elsewhere. Whether this procedure serves the common good, I am not prepared to say. Nevertheless, I am compelled to say that I believe our oppression of the people of this state with multitudes after multitudes of fragmented and of the moment legislation and legislation benefitting narrow special interests is a contributing factor to the general dissatisfaction of the majority of the citizens of South Carolina with politics in general and the legislature in particular. And, were the members of this body not constrained by the mandate of a balanced budget, I believe we would be in the same economic throes now confined to Washington.

Raymond Moley, an early American educator, said, 'The creation of constitutional government is a most significant mark of the distrust of human beings in human nature. It signalizes a profound conviction, born of experience, that human beings vested with authority must be restrained by something more potent than their own discretion.'

Finally, let me say that while some of us may differ on ideology and, at times what is best for South Carolina, I am sure that each of you believe just as fervently as I, that you are doing what you think is best for South Carolina and I respect those views. From that perspective, you are all my friends and I hope our friendship will continue long after I am gone. Thank you, Mr. Speaker."

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 2791 -- Reps. Moss, O. Phillips, Neilson and Petty: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RECOGNIZANCE, BY ADDING SECTION 17-15-16 SO THAT NO PERSON MAY BE RELEASED FROM IMPRISONMENT OR PAROLED WHO HAS BEEN CHARGED WITH OR CONVICTED OF TAKING THE LIFE OF A LAW ENFORCEMENT OFFICER, A JUDICIAL OFFICER, A FORMER JUDICIAL OFFICER, A SOLICITOR, A FORMER SOLICITOR, A PEACE OFFICER, AN EMPLOYEE OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS, OR A FIREMAN, ALL WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES; AND TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-615 SO AS TO PROHIBIT ANY PERSON FROM BEING PAROLED WHO HAS BEEN CONVICTED OF ANY OF THE CRIMES LISTED IN SECTION 17-15-16.

Ordered for consideration tomorrow.

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 2923 -- Rep. Wilkins: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO PROVIDE THAT THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY AND CERTAIN PERSONNEL OF THE ACADEMY HAVE THE STATUS OF LAW ENFORCEMENT OFFICERS; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1987, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OF A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE DIRECTOR OF THE ACADEMY TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

Ordered for consideration tomorrow.

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 315 -- Senator Drummond: A BILL TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY FOR SIX YEARS; TO AMEND SECTION 40-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO AUTHORIZE THE DENTAL HYGIENIST MEMBER TO VOTE ON DISCIPLINARY MATTERS FOR DENTISTS; TO AMEND SECTION 40-15-80, RELATING TO THE DEFINITION OF "DENTAL HYGIENE", SO AS TO REDEFINE THE TERM, TO AUTHORIZE A REGISTERED HYGIENIST TO PERFORM CERTAIN SERVICES UNDER THE GENERAL SUPERVISION OF A LICENSED DENTIST, AND TO DEFINE "GENERAL SUPERVISION"; AND TO AMEND SECTION 40-15-270, RELATING TO RECIPROCAL AGREEMENTS FOR DENTISTS AND DENTAL HYGIENISTS LICENSED IN OTHER STATES, SO AS TO DELETE LANGUAGE REQUIRING MEMBERSHIP IN REGIONAL TESTING SERVICES AND PROVIDE THAT THE BOARD MAY GRANT LICENSES TO LICENSEES OF OTHER STATES IF THE REQUIREMENT FOR LICENSURE IN THOSE STATES IS SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE REQUIRED BY THE PROVISIONS OF CHAPTER 15 OF TITLE 40.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report with amendments and Rep. D. MARTIN, for the minority, submitted an unfavorable report on:

H. 3723 -- Rep. J. Bradley: A BILL TO AMEND SECTION 28-2-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MUNICIPALITY'S RIGHT OF CONDEMNATION NOT BEING LIMITED TO THE COUNTY IN WHICH IT IS LOCATED, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT CONDEMN LAND OUTSIDE ITS CORPORATE LIMITS FOR PURPOSES OF ESTABLISHING A PARK, PLAYGROUND, OR RECREATIONAL FACILITY, AND TO PROVIDE THAT THE ESTABLISHMENT OF A PARK, PLAYGROUND, OR RECREATIONAL FACILITY BY A MUNICIPALITY OUTSIDE ITS CORPORATE LIMITS IS NOT CONSIDERED TO BE A PUBLIC PURPOSE OF THE MUNICIPALITY FOR WHICH THE POWER OF EMINENT DOMAIN MAY BE USED.

Ordered for consideration tomorrow.

Rep. BLACKWELL, from the Greenville Delegation, submitted a favorable report, on:

S. 1185 -- Senators Bryan and Mitchell: A BILL TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO DELETE A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, AND TO PROVIDE FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT".

Ordered for consideration tomorrow.

The following was introduced:

H. 3906 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JAMES SHUMATE EZELLE OF ANDERSON.

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

The following was introduced:

H. 3907 -- Reps. Wilkins, Sheheen, Gentry, D. Martin, Arthur, Baxley, H. Brown, Clyborne, Cole, Corning, Ferguson, Gregory, Haskins, Hayes, Hendricks, Huff, Limehouse, McEachin, McElveen, Nettles, Rudnick, Short, Tucker, Wilder, Burch, Hodges and Keyserling: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1988, AS FREEDOM OF INFORMATION ACT DAY IN SOUTH CAROLINA, TO CALL FOR APPROPRIATE OBSERVANCE OF THE DAY, AND TO POINT OUT THE CONTRIBUTIONS OF THE SOUTH CAROLINA STATE LIBRARY TO AN INFORMED CITIZENRY.

Whereas, the members of the General Assembly consider it appropriate to call attention to the unquestioned benefits of our state law guaranteeing open government--the Freedom of Information Act; and

Whereas, the South Carolina State Library is charged with organizing the observance of FOI Day in South Carolina; and

Whereas, the South Carolina State Library, with its collections of state and federal publications, is a leader in making available to the people of South Carolina the documents of our state and federal government's actions; and

Whereas, the people of South Carolina are assured direct access to state government information in the ten affiliate state documents depository libraries and to federal government information in the seventeen other federal depository libraries; and

Whereas, the Freedom of Information Act is an enduring monument to the state's commitment to open government and thus insuring an informed citizenry. Now, therefore,

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

That March 16, 1988, is proclaimed Freedom of Information Act Day in South Carolina and an appropriate observance of the day shall be planned and coordinated by the South Carolina State Library.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina State Library.

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

The following was introduced:

H. 3908 -- Reps. Koon, Baxley, Blanding, G. Brown, McElveen and E.B. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. E. WHILDEN NETTLES, JR., OF SUMTER.

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

The following was introduced:

H. 3909 -- Reps. Koon and Derrick: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 24-30, 1988, AS STUDENTS AGAINST DRUNK DRIVING (SADD) AWARENESS WEEK.

Whereas, throughout South Carolina many high school students are joining their school SADD clubs to voice their concern against drunk driving in this State; and

Whereas, these local student SADD clubs have helped focus public awareness on this serious problem; and

Whereas, the members of the General Assembly, by this resolution, are desirous of publicly recognizing these fine efforts by declaring the week of April 24-30, 1988, as SADD Awareness Week in South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby declare the week of April 24-30, 1988, as Students Against Drunk Driving (SADD) Awareness Week.

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

The following was taken up for immediate consideration:

H. 3910 -- Reps. Koon and Derrick: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON FRIDAY, JUNE 10, 1988, AND SATURDAY, JUNE 11, 1988.

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

That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 10, 1988, from 10:00 a.m. to 4:30 p.m., and on Saturday, June 11, 1988, from 9:00 a.m. to 12:00 noon for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that as a condition of this use, Palmetto Girls State must agree in writing to reimburse General Services, the Senate, and the House for expenses incurred, the total of which may not exceed fifteen hundred dollars.

Be it further resolved that subsequent to this authorization it is the policy of the Senate to allow the use of its chambers only Monday through Friday when the Senate is not in session provided that this authorization and all further authorizations for use of the Senate chambers is subject to cancellation should the Senate be in regular session on the authorized days.

Be it further resolved that forty-eight hours prior to its use of the chambers, the Palmetto Girls State shall provide the clerk of the Senate and the House with the name, address, and current telephone number of the individual who is responsible for coordinating the event and who is legally authorized to represent the Palmetto Girls State, and that it shall reimburse General Services, the Senate, and the House as set forth in this resolution.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

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

On motion of the Charleston Delegation, with unanimous consent, the following was taken up for immediate consideration:

S. 1233 -- Senators McConnell, Martschink, Fielding, Branton and Applegate: A CONCURRENT RESOLUTION TO EXPRESS THE SENTIMENT OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THIS STATE SUPPORTS THE CHARLESTON COUNTY AVIATION AUTHORITY'S EFFORT TO KEEP CHARLESTON INTERNATIONAL AIRPORT AS THE SOUTHEASTERN MILITARY COMMERCIAL GATEWAY AND TO DECLARE THAT SOUTH CAROLINA INTENDS TO BE A FACTOR IN FUTURE WORLD AVIATION.
Whereas, pursuant to a letter from Mr. William C. Byrd, Charleston Area District Director of the United States Customs Service, effective March 1, 1988, there will be a cutback of customs and immigration service to the Charleston International Airport's southeastern military commercial flights; and

Whereas, the flights average five weekly arriving from 3:00 p.m. to 5:00 p.m. in Charleston. United States Customs' service will not begin until 6:00 p.m. virtually precluding arriving passengers from interchanging with outbound domestic flights from Charleston; and

Whereas, the constraint imposed by the United States Customs at Charleston represents a significant inconvenience to the passengers and is simply unacceptable; and

Whereas, five weekly Military Airlift Command chartered missions are the only international missions that arrive at the Charleston International Airport; and

Whereas, in ordering a cutback in United States Customs services, it appears that international ocean cargo is receiving a much higher priority than the five chartered international passenger aircraft arrivals, and we believe as does the United States Air Force that passenger movement should receive a higher customs priority than cargo; and

Whereas, according to Colonel John T. Quirk of the United States Air Force, the cutback may dictate that the Military Airlift Command change its Southeastern Military Commercial Gateway from Charleston to another city to avoid the arrival hour restriction. The relocation of the commercial gateway operations may be necessary to permit onward movement by the passengers to their ultimate destination without an overnight stay and to avoid increased travel costs and passenger inconvenience; and

Whereas, the impact of losing this Military Airlift Command Southeastern Commercial Gateway would be substantial not only to Charleston and the Lowcountry but to our entire State; and

Whereas, the loss of the gateway would involve not only a loss of military commercial traffic but also could affect domestic scheduled traffic substantially; and

Whereas, the Charleston International Airport is South Carolina's only international gateway for passengers, and if we lose the military commercial flights and the customs and immigration service that support these flights, the State will be critically set back in promoting international civilian commercial traffic; and

Whereas, both our neighboring states have international airports which have a major influence on the economic development of those states; and

Whereas, instead of the United States Customs cutting back on customs and immigration service, the State needs to promote the use of the Charleston International Airport so the international traffic at the airport will require the United States Customs Service to provide an even broader service. Now, therefore,

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

That the members of the General Assembly express their sentiment that this State support the Charleston County Aviation Authority's effort to keep Charleston International Airport as the Southeastern Military Commercial Gateway and declare that South Carolina intends to be a factor in future world aviation.

Be it further resolved that a copy of this resolution be forwarded to Mr. William E. Craver, Jr., Chairman of the Charleston County Aviation Authority.

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

At 12:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R365) S. 1143 -- Finance Committee: A JOINT RESOLUTION TO CREATE THE ACCOMMODATIONS TAX AD HOC COMMITTEE.

(R366) S. 561 -- Senator Garrison: AN ACT TO AMEND SECTION 48-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICTS' COMMISSIONERS, SO AS TO REVISE THE NOMINATION PROCEDURES FOR PLACEMENT ON THE BALLOT AND THE TERMS OF OFFICE OF THESE COMMISSIONERS EFFECTIVE WITH THE 1990 ELECTION AND TO AMEND SECTION 48-9-1230, RELATING TO TERMS OF OFFICE AND VACANCIES OF THESE COMMISSIONERS, SO AS TO REVISE THIS SECTION IN ORDER TO CONFORM IT TO THE ABOVE PROVISIONS.

(R367) S. 350 -- Corrections and Penology Committee: AN ACT TO PROVIDE THAT EVERY CLERK OF COURT SHALL REPORT THE DISPOSITION OF EACH CASE IN THE COURT OF GENERAL SESSIONS TO THE STATE LAW ENFORCEMENT DIVISION WITHIN THIRTY DAYS OF DISPOSITION, AND TO PROVIDE THE FORMAT FOR THE DISPOSITION REPORT.

(R368) S. 732 -- Judiciary Committee: AN ACT TO AMEND SECTION 15-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTENDING THE TIME WITHIN WHICH CERTAIN PERSONS UNDER DISABILITY MAY BRING A CIVIL ACTION, SO AS TO PROVIDE THAT AN ACTION ACCRUING UNDER THE SOUTH CAROLINA TORT CLAIMS ACT IS NOT SO EXTENDED; SECTION 15-78-20, AS AMENDED, RELATING TO LEGISLATIVE FINDINGS REGARDING THE TORT CLAIMS ACT, SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE FINDINGS IN REGARD TO BRINGING GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS UNDER THE PROVISIONS OF THE ACT; SECTION 15-78-30, RELATING TO DEFINITIONS UNDER THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "EMPLOYEE" AND TO DEFINE "SCOPE OF STATE EMPLOYMENT"; SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY, SO AS TO FURTHER PROVIDE FOR THESE EXCEPTIONS IN REGARD TO HIGHWAYS AND PUBLIC WAYS AND ACTIVITIES OF THE SOUTH CAROLINA STATE GUARD; SECTION 15-78-70, RELATING TO THE LIABILITY FOR AN ACT OF A GOVERNMENT EMPLOYEE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH PARTY DEFENDANTS ARE NAMED AND FOR THIS LIABILITY IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; SECTIONS 15-78-100 AND 15-78-110, RELATING TO WHEN AN ACTION UNDER THE TORT CLAIMS ACT MUST BE INSTITUTED, SO AS TO FURTHER PROVIDE, FOR THIS TIME; SECTION 15-7.8-120, RELATING TO LIMITATIONS ON THE AMOUNT OF RECOVERY, SO AS TO FURTHER PROVIDE FOR THESE LIMITATIONS AND TO INCREASE THESE LIMITATIONS IN REGARD TO GOVERNMENTALLY EMPLOYED PHYSICIANS AND DENTISTS; AND SECTION 59-67-710, RELATING TO CONTRACTS OF INSURANCE ON STATE-OWNED SCHOOL BUSES AND THE BENEFITS AND LIMITS OF LIABILITY THEREON, SO AS TO FURTHER PROVIDE FOR THESE LIMITS AND LIABILITY.

(R369) S. 933 -- Senators Waddell, Leatherman, Lourie and Hayes: AN ACT TO REPEAL SECTION 61-13-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF UNSTAMPED ALCOHOLIC LIQUORS AS CONTRABAND.

(R370) S. 131 -- Senators Pope, Lourie, Giese and Leventis: AN ACT TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING CHAPTER 27 SO AS TO PROVIDE FOR THE EMPLOYMENT PROTECTION FOR AN EMPLOYEE OF A PUBLIC BODY WHO REPORTS A VIOLATION OF ANY STATE OR FEDERAL LAW OR REGULATION INVOLVING A PUBLIC BODY OR ITS EMPLOYEES OR OFFICIALS AND TO PROVIDE FOR EXCEPTIONS AND THE INSTITUTION OF CIVIL ACTIONS.

(R371) S. 1086 -- Banking and Insurance Committee: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 87 SO AS TO PROVIDE FOR THE REGULATION AND TAXATION OF RISK RETENTION GROUPS AND PURCHASING GROUPS AUTHORIZED UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, INCLUDING THE PROVISION OF CERTAIN PENALTIES.

(R372) S. 1207 -- Senator Hinson: AN ACT TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.

(R373) S. 59 -- Senator Pope: AN ACT TO AMEND SECTIONS 17-3-30 AND 17-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS, SO AS TO PROVIDE THAT AN INDIGENT ORDERED BY THE COURT TO PAY HIS ASSETS TO THE STATE FOR THE PURPOSE OF HIS REPRESENTATION SHALL PAY THESE ASSETS TO THE DEFENDER CORPORATION, IF ONE EXISTS, OF THE COUNTY WHEREIN HE IS BEING REPRESENTED, AND IF ONE DOES NOT EXIST THEN TO THE JUDICIAL DEPARTMENT OF THE STATE AS IS NOW PROVIDED BY LAW.

(R374) S. 1094 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-13-10, 38-13-120, 38-43-250, AND 38-45-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, SO AS TO INCREASE FROM THREE TO FIVE YEARS THE TIME REQUIRED FOR EXAMINATION OF DOMESTIC INSURANCE COMPANIES FOR THE RETENTION OF RECORDS OF INSURANCE COMPANIES, AGENTS, AND BROKERS.

(R375) S. 625 -- Senators Hayes, Nell W. Smith and Moore: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.

(R376) S. 1216 -- Agriculture and Natural Resources Committee: AN ACT TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, SOUTH CAROLINA CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R377) H. 3409 -- Rep. Beasley: AN ACT TO AMEND SECTION 37-4-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "CONSUMER CREDIT INSURANCE", SO AS TO EXCLUDE FROM THE DEFINITION INSURANCE ON WHICH A PAYMENT IS SCHEDULED MORE THAN FIFTEEN YEARS AFTER THE EXTENSION OF CREDIT IF THE DEBT IS SECURED BY REAL ESTATE.

(R378) H. 3700 -- Reps. J. Harris and Burch: AN ACT TO AUTHORIZE THE DISTRICT BOARD OF EDUCATION OF CHESTERFIELD COUNTY SCHOOL DISTRICT TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THEIR PROCEEDS MAY BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

(R379) H. 2019 -- Reps. J. Bradley, Boan and P. Bradley: AN ACT TO PROVIDE A PLAN FOR THE WRITING OF LEGAL PROFESSIONAL LIABILITY INSURANCE FOR ATTORNEYS THROUGH A JOINT UNDERWRITING ASSOCIATION UPON A FINDING OF AN EMERGENCY BY THE INSURANCE COMMISSION BECAUSE THIS INSURANCE IS NOT AVAILABLE THROUGH NORMAL CHANNELS OR AT A REASONABLE COST.

(R380) H. 2194 -- Reps. McAbee, Sharpe, Kay and Townsend: AN ACT 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 FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 2, TO PROVIDE A PENALTY, AND TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED TO PROHIBIT THE LAWFUL HUNTING OF RACCOON AND FOX.

(R381) H. 2231 -- Reps. M.D. Burriss, Hearn and Day: AN ACT TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSE REQUIREMENTS, SO AS TO ALLOW NONRESIDENTS ON ACTIVE DUTY IN THE ARMED SERVICES NINETY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-35 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED SERVICES OF THE UNITED STATES AND 'HIS DEPENDENTS WHO BECOME PERMANENT RESIDENTS OF THE STATE HAVE NINETY DAYS TO OBTAIN A SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE THAT THEY MUST BE ISSUED A SOUTH CAROLINA DRIVER'S LICENSE WITHOUT EXAMINATION IF THEY HAVE A VALID DRIVER'S LICENSE FROM ANOTHER STATE OR TERRITORY OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA AT THE TIME OF THEIR APPLICATION.

(R382) H. 2860 -- Reps. Keyserling, Sheheen, Beasley, J. Rogers, M.O. Alexander, Arthur, G. Bailey, K. Bailey, Barfield, Baxley, Bennett, Boan, G. Brown, J. Brown, R. Brown, Carnell, Cooper, Dangerfield, Day, Edwards, Elliott, Faber, Ferguson, Foster, Gentry, Gilbert, Gregory, P. Harris, Harvin, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Kirsh, Lockemy, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Petty, L. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Shelton, Short, Snow, Stoddard, Taylor, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Jones, McLellan, T.C. Alexander and J. Harris: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-15 SO AS TO PROVIDE PROCEDURE FOR QUALIFICATION AS A CANDIDATE FOR ELECTION IN A GENERAL ELECTION; AND TO AMEND SECTIONS 7-13-40 AND 7-13-190 OF THE 1976 CODE, RELATING TO ELECTIONS, SO AS TO DELETE PROVISIONS ESTABLISHING ENTRY DATES FOR PERSONS SEEKING NOMINATION IN PARTY PRIMARIES AND TO PROVIDE THAT CANDIDATES FOR OFFICE IN PARTISAN ELECTIONS MAY FILE AS PROVIDED IN SECTION 7-11-15.

(R383) H. 3418 -- Reps. Edwards, D. Martin, White and Clyborne: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-125 SO AS TO PROVIDE FOR A RUNOFF ELECTION TO BREAK TIES IN MUNICIPAL ELECTIONS AND TO POSTPONE SUBSEQUENT MUNICIPAL ELECTIONS IF THERE IS A TIE-BREAKER RUNOFF ELECTION; TO ADD ARTICLE 19 IN CHAPTER 13 OF TITLE 7, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO PROVIDE FOR TIE-BREAKING GENERAL, SPECIAL, AND PRIMARY ELECTIONS; TO AMEND SECTIONS 7-13-50 AND 7-13-1170, RELATING RESPECTIVELY TO RUNOFF PRIMARY ELECTIONS AND CASES WHERE THE GOVERNOR ORDERS NEW ELECTIONS, SO AS TO DELETE PROVISIONS RELATING TO TIE ELECTIONS.

(R384) H. 2264 -- Rep. Sheheen: AN ACT TO AMEND CHAPTER 1 OF TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS APPLICABLE TO POLITICAL SUBDIVISIONS, SO AS TO ADD SECTION 6-1-50 TO REQUIRE A COUNTY AND MUNICIPALITY WHICH RECEIVES REVENUE FROM STATE AID TO SUBMIT TO THE COMPTROLLER GENERAL ON AN ANNUAL BASIS A FINANCIAL REPORT CONTAINING THE SOURCES OF REVENUE, EXPENDITURES BY CATEGORY, INDEBTEDNESS, AND SUCH OTHER INFORMATION AS THE COMPTROLLER GENERAL REQUIRES, TO PROVIDE THAT THE COMPTROLLER GENERAL, IN CONJUNCTION WITH THE BUDGET AND CONTROL BOARD, THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, SHALL DETERMINE THE CONTENTS OF THE REPORT AND THE DATE OF SUBMISSION, TO REQUIRE A PENALTY FOR FAILURE TO SUBMIT THE REPORT, AND REQUIRE THAT A COMPREHENSIVE REPORT BY THE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, IN CONJUNCTION WITH THE COMPTROLLER GENERAL, ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, AND THE BUREAU OF GOVERNMENTAL RESEARCH AND SERVICES OF THE UNIVERSITY OF SOUTH CAROLINA BE SUBMITTED TO THE GENERAL ASSEMBLY NO LATER THAN JUNE FIRST OF EACH YEAR; TO AMEND ARTICLE 1 OF CHAPTER 15 OF TITLE 11, RELATING TO THE GENERAL PROVISION DEALING WITH BONDS OF POLITICAL SUBDIVISIONS BY ADDING SECTION 11-15-100 SO AS TO REQUIRE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO FILE CERTAIN INFORMATION IN THE OFFICE OF THE STATE TREASURER PRIOR TO INCURRING ANY GENERAL OBLIGATION OR REVENUE OBLIGATION INDEBTEDNESS UNLESS THEY FILE CERTAIN INFORMATION WITH THE STATE TREASURER, TO REQUIRE THE STATE TREASURER TO ANNUALLY SURVEY THE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE DISTRICTS TO MAINTAIN A CURRENT RECORD OF THEIR OBLIGATIONS, AND REQUIRE THE STATE TREASURER TO PROVIDE THE COMPTROLLER GENERAL A STATEMENT OF OBLIGATIONS OF ALL POLITICAL SUBDIVISIONS; TO AMEND SECTION 4-9-150, RELATING TO THE REQUIREMENT THAT A COUNTY COUNCIL CONDUCT AN ANNUAL INDEPENDENT AUDIT OF THE FINANCIAL RECORDS AND TRANSACTIONS OF THE COUNTY, SO AS TO REQUIRE THAT A COPY OF THE AUDIT BE SUBMITTED TO THE COMPTROLLER GENERAL NO LATER THAN JANUARY FIRST EACH YEAR FOLLOWING THE CLOSE OF THE BOOKS OF THE PREVIOUS YEAR; TO AMEND SECTION 11-3-190, RELATING TO THE REQUIREMENT THAT ABSTRACTS FOR SETTLEMENT WITH COUNTY TREASURERS BE ENTERED IN A BOOK TO BE KEPT BY HIM, SO AS TO REQUIRE THE ABSTRACTS IN A FILE INSTEAD OF A BOOK; TO AMEND SECTION 12-45-260, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER REPORT TO THE COUNTY SUPERVISOR THE AMOUNT OF FUNDS COLLECTED FOR AND ON ACCOUNT OF THE COUNTY AND THE CHARACTER OF THE FUNDS, SO AS TO CHANGE THE DATE THE REPORT IS REQUIRED AND THAT IT MUST BE MADE TO THE CHIEF ADMINISTRATIVE OFFICER OF THE COUNTY INSTEAD OF THE COUNTY SUPERVISOR AND REQUIRE THE REPORT TO CONTAIN THE AMOUNT OF FUNDS RECEIVED INSTEAD OF COLLECTED; TO AMEND SECTION 12-45-280, RELATING TO THE REQUIREMENT THAT THE COUNTY TREASURER'S REPORT TO THE COUNTY SUPERINTENDENT OF EDUCATION AN ITEMIZED STATEMENT OF THE AMOUNTS OF COLLECTION AND DISBURSEMENT BY SCHOOL DISTRICTS MADE BY HIM FOR THE PREVIOUS CALENDAR YEAR ON VARIOUS TAXES, SO AS TO REQUIRE THE REPORT TO BE MADE TO THE CHIEF EXECUTIVE OFFICER OF EACH SCHOOL DISTRICT INSTEAD OF THE COUNTY SUPERINTENDENT OF EDUCATION, PROVIDE FOR COLLECTION INSTEAD OF RECEIPT OF THE AMOUNTS TO BE INCLUDED IN THE REPORT, DELETE REFERENCES TO THE SPECIFIC TAXES REQUIRED TO BE INCLUDED IN THE REPORT AND DELETE THE REQUIREMENT THAT THE COUNTY TREASURER REPORT THE TOTAL AMOUNTS RECEIVED FOR THE PERIOD FROM ANY OTHER TAXES NOT COLLECTED FOR ANY SPECIAL SCHOOL DISTRICT; TO AMEND SECTION 12-45-340, RELATING TO THE REQUIREMENT THAT A SETTLEMENT SHEET BE SIGNED BY THE COUNTY SUPERVISOR, COUNTY TREASURER, AND COUNTY SUPERINTENDENT OF EDUCATION, SO AS TO REQUIRE ONLY THE COUNTY TREASURER TO SIGN THE SETTLEMENT SHEET AND TO REPEAL SECTIONS 12-45-270 RELATING TO THE COUNTY TREASURER'S MONTHLY REPORT, 12-45-310 RELATING TO THE REQUIREMENT THAT COUNTY SUPERVISORS AND SUPERINTENDENTS OF EDUCATION BE NOTIFIED OF THE DAY OF SETTLEMENT, 12-45-320 RELATING TO THE REQUIREMENT THAT THE AUDITOR OF EACH COUNTY SHALL NOTIFY THE FOREMAN OF THE GRAND JURY AND THE COMPTROLLER GENERAL OF THE DAY UPON WHICH THE SETTLEMENT IS TO BE MADE, AND 12-45-360 RELATING TO THE REQUIREMENT THAT THE COMPTROLLER GENERAL AND THE FOREMAN OF THE GRAND JURY SHALL REPORT ANY IRREGULARITY OR VIOLATION OF LAW TO THE COURT OF GENERAL SESSIONS OF THE COUNTIES WHERE THE IRREGULARITIES OR VIOLATIONS OF LAW HAVE BEEN DISCOVERED.

(R385) H. 3431 -- Reps. Boan and J.W. McLeod: AN ACT TO AMEND SECTIONS 15-9-270, AS AMENDED, 15-9-285, AND 38-25-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES AND SERVICE ON INSURANCE COMPANIES AND THE ISSUANCE AND DELIVERY OF A POLICY OF INSURANCE OR CONTRACT OF INSURANCE OR INDEMNITY OFFERED BY AN INSURER NOT LICENSED IN THIS STATE AND THE CONDITIONS UNDER WHICH SERVICE OF PROCESS MUST BE MADE, SO AS TO INCREASE THE FEE FROM FOUR TO TEN DOLLARS WHICH MUST ACCOMPANY THE SUMMONS AND ANY OTHER LEGAL PROCESSES DELIVERED TO THE CHIEF INSURANCE COMMISSIONER BY AN INSURANCE COMPANY AND PROVIDE THAT FIVE DOLLARS OF THIS FEE MUST BE RETAINED BY THE CHIEF INSURANCE COMMISSIONER TO OFFSET HIS COSTS.

(R386) H. 2675 -- Rep. Toal: AN ACT TO AMEND SECTION 16-3-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSUFFICIENT FUNDS IN THE CRIME VICTIM'S COMPENSATION FUND FOR THE PAYMENT OF CLAIMS OR AWARDS, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE ON A PRO RATA BASIS CLAIMS OR AWARDS FROM THE FUND WHEN PROJECTED REVENUE IN ANY FISCAL YEAR IS INSUFFICIENT TO PAY PROJECTED CLAIMS OR AWARDS; AND TO AMEND SECTION 16-3-1560, RELATING TO LICENSED HEALTH CARE FACILITIES BEING REIMBURSED FOR THE COST OF MEDICAL EXAMINATIONS FOR VICTIMS OF CRIMINAL SEXUAL CONDUCT OR CHILD SEXUAL ABUSE, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE THESE REIMBURSEMENTS ON A PRO RATA BASIS IF THE AMOUNT OF PROJECTED REIMBURSEMENT FUNDS EXCEEDS THE AMOUNT OF PROJECTED REIMBURSEMENT COSTS.

(R387) H. 3351 -- Reps. Sheheen and Wilkins: AN ACT TO AMEND SECTION 14-27-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENT TO MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO PROVIDE FOR PER DIEM, SUBSISTENCE, AND MILEAGE FOR MEETINGS ATTENDED BY THE MEMBERS AS PROVIDED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES.

(R388) H. 3780 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ENTITLED ANNUAL RENEWAL AND LATE FEES AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 861, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R389) H. 3781 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R390) H. 3765 -- Rep. Pearce: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NAKATO S.C., INC.

(R391) H. 2703 -- Rep. R. Brown: AN ACT TO AMEND SECTION 50-11-1276, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR DEER AND RACCOON IN GAME ZONE NO. 10, SO AS TO DELETE THE PROVISION LIMITING THE NUMBER OF ANTLERED DEER THAT MAY BE KILLED EACH DAY.

(R392) H. 3283 -- Rep. J. Bradley: AN ACT TO AMEND SECTION 38-21-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS BY DOMESTIC INSURERS BEING REQUIRED, SO AS TO REVISE WHAT CONSTITUTES AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION AND THE MANNER IN WHICH AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION IS DETERMINED FOR PURPOSES OF THIS SECTION.

(R393) H. 3576 -- Reps. Gregory, White, Short, Fair and Kirsh: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

(R394) H. 3448 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INSURANCE AGENT", SO AS TO DELETE CATEGORIES; AND TO AMEND SECTION 38-43-20, RELATING TO LICENSING REQUIREMENT OF INSURANCE AGENTS, SO AS TO DELETE FROM THE REQUIREMENT CLERICAL AGENCY EMPLOYEES, AND TO PROVIDE THAT THE EXEMPTION FOR SCHOOL DISTRICT PERSONNEL HANDLING INSURANCE MATTERS FOR STUDENT ACCIDENT AND HEALTH POLICIES APPLIES ONLY IF THE WORK IS DONE WITHOUT COMPENSATION.

(R395) H. 2232 -- Reps. M.D. Burriss and Day: AN ACT TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OF DRIVER'S LICENSES AND THE RENEWAL THEREOF, SO AS REVISE THE EXPIRATION DATE OF LICENSES AND TO PROVIDE SPECIAL PROCEDURES FOR THE RENEWAL OF LICENSES WHICH HAVE EXPIRED OF PERSONS WHO FAILED TO TIMELY RENEW BECAUSE OF CERTAIN MILITARY ACTIVE DUTY.

(R396) H. 3195 -- Rep. J. Bradley: AN ACT TO AMEND SECTION 5-27-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO CERTAIN ORGANIZATIONS TO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY, SO AS TO ALSO PERMIT THIS SOLICITATION WITHIN THE UNINCORPORATED AREA OF A COUNTY, AND TO PROVIDE THAT THE COUNTY OR MUNICIPALITY IS IMMUNE FROM LIABILITY FOR ANY LOSS OR INJURY OCCURRING AS A RESULT OF THESE SOLICITATIONS, TO AMEND SECTION 15-78-60, RELATING TO WHEN A GOVERNMENTAL ENTITY IS NOT LIABLE UNDER THE TORT CLAIMS ACT SO AS TO PROVIDE THAT THERE IS ALSO NO LIABILITY AS A RESULT OF SOLICITATIONS AUTHORIZED BY SECTION 5-27-910, AND TO AMEND SECTION 56-5-3180, RELATING TO SOLICITATIONS BY PEDESTRIANS SO AS TO AUTHORIZE SOLICITATIONS PURSUANT TO SECTION 5-27-910.

(R397) H. 3582 -- Rep. Wilder: AN ACT TO ABOLISH THE OFFICE OF COUNTY SUPERINTENDENT OF EDUCATION AND THE COUNTY BOARD OF EDUCATION IN BARNWELL COUNTY AND DEVOLVE THEIR DUTIES UPON THE RESPECTIVE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF THE COUNTY; AND TO AUTHORIZE THE DISTRICT BOARDS OF TRUSTEES TO JOINTLY CONTRACT FOR CERTAIN FISCAL AND ADMINISTRATIVE SERVICES.

(R398) H. 3330 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 IN TITLE 38, RELATING TO INSURANCE, SO AS TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE INSURANCE LAW; TO AMEND SECTION 38-25-320, RELATING TO THE FINE FOR CONDUCTING UNAUTHORIZED INSURANCE BUSINESS IN THIS STATE, SO AS TO INCREASE THE MAXIMUM FINE FROM TEN TO FIFTY THOUSAND DOLLARS; TO AMEND SECTION 38-5-120, RELATING TO ACTS WHICH RESULT IN THE REVOCATION OR SUSPENSION OF AN INSURER'S CERTIFICATE OF AUTHORITY, SO AS TO INCLUDE FAILURE TO COMPLY WITH A LAWFUL ORDER OF THE COMMISSION; TO AMEND SECTION 38-43-130, RELATING TO THE COMMISSIONER'S AUTHORITY TO REVOKE OR SUSPEND AGENTS' LICENSES, SO AS TO DELETE WILFULNESS AS AN ELEMENT OF A VIOLATION, TO INCREASE FROM ONE TO TWO YEARS THE MAXIMUM PERIOD OF A LICENSE SUSPENSION, AND TO REFERENCE THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; TO AMEND SECTIONS 38-5-130, 38-7-80, 38-13-90, 38-13-150, 38-17-170, 38-25-330, 38-27-420, 38-29-100, 38-31-80, 38-37-930, 38-39-20, 38-39-40, 38-4.3-160, 38-43-190, 38-45-140, 38-45-150, 38-47-60, 38-47-70, 38-53-150, 38-53-340, 38-55-40, 38-55-60, 38-55-80, 38-55-340, 38-57-200, 38-59-30, 38-59-50, 38-63-10, 38-63-20, 38-65-10, 38-65-20, 38-69-10, 38-69-20, 38-71-90, 38-71-220, AND 38-73-80, ALL RELATING TO THE INSURANCE LAW AND CONTAINING SEPARATE PENALTY PROVISIONS, SO AS TO DELETE THE EXISTING PENALTY PROVISIONS AND ADD REFERENCES TO THE GENERAL PENALTY PROVISIONS ADDED BY THIS ACT; AND TO REPEAL SECTIONS 38-25-340, 38-25-350, 38-37-950, 38-37-960, 38-43-140, 38-43-150, 38-61-60, AND 38-73-100 RELATING TO THE INSURANCE LAW.

(R399) H. 3730 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER SURPLUS FUNDS RESULTING FROM REDUCTIONS IN AUTOMOBILE LIABILITY INSURANCE COSTS TO THE INSURANCE RESERVE FUND AND TO PROVIDE FOR THE USE OF THESE TRANSFERRED FUNDS.

(R400) H. 3737 -- Rep. McLellan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO DELAY THE SUBMISSION OF ITS RECOMMENDATIONS ON ADDITIONAL CAPITAL IMPROVEMENT BOND AUTHORIZATIONS UNTIL MARCH 15, 1988.

(R401) H. 2671 -- Reps. Limehouse, Hodges and McCain: AN ACT TO AMEND SECTION 8-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PLANS AND PROCEDURES, SO AS TO CHANGE THE TIME FOR APPEALING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE.

(R402) H. 2862 -- Reps. Wilkins, H. Brown, Tucker, McEachin, Hendricks, G. Brown, Wilder, Nettles, Hayes, Beasley, Huff, J.W. Johnson, Snow, Koon, Moss, Keyserling, Hawkins, J.W. McLeod, Evatt, Felder, Derrick, Gentry, J. Rogers, McKay, Haskins, Ogburn, Cork, Rhoad, Clyborne, Harvin, D. Martin, McElveen and Waldrop: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF SHERIFFS.

(R403) H. 3534 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF AUTOMOBILE INSURANCE, SO AS TO DEFINE "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" FOR THESE PURPOSES, AND TO PROVIDE THAT SPECIALIZED INSURERS MAY NOT CEDE RISKS TO AND DOES NOT RECOUP LOSSES OF THE REINSURANCE FACILITY AND MAY BE EXCUSED FROM THE MERIT RATING PLAN AND THE CLASSIFICATION AND TERRITORIAL PLANS UPON APPROVAL OF THE COMMISSIONER.

(R404) H. 2882 -- Rep. Foxworth: AN ACT TO AMEND SECTIONS 50-9-240 AND 50-9-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF STATUTES REGULATING HUNTING, SO AS TO ADD SECTION 50-9-135 TO THE STATUTES TO WHICH THE PENALTIES APPLY AND TO PROVIDE THAT JURISDICTION OF VIOLATIONS OF SOME OF THE STATUTES APPLICABLE TO HUNTERS IS IN MAGISTRATES' COURTS ONLY, AND TO AMEND SECTION 50-17-1650, RELATING TO TRAWL NETS IN WATERS ADJACENT TO GAME ZONE NOS. 7 AND 9, SO AS TO CHANGE THE PENALTY PROVISIONS TO PROVIDE THAT VIOLATIONS MUST BE TRIED IN MAGISTRATES OR MUNICIPAL COURTS.

(R405) H. 3420 -- Reps. Rudnick, J.C. Johnson, Moss, Snow, Keyserling, J. Bradley, Kirsh, T. Rogers, J. Brown, White and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-15 SO AS TO PROVIDE FOR NOTICE OF A CHANGE IN A POLLING PLACE.

(R406) H. 3535 -- Reps. Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-51-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ADMINISTRATOR OF INSURANCE BENEFITS PLANS, SO AS TO EXEMPT THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION AND ANY PERSON WHO ADJUSTS OR SETTLES CLAIMS AS ITS EMPLOYEE:OR AGENT; AND TO AMEND SECTION 38-29-170, RELATING TO THE IMMUNITY FROM LIABILITY FOR ANY ACTION TAKEN UNDER THE PROVISIONS OF CHAPTER 29 OF TITLE 38, SO AS TO ELIMINATE THE IMMUNITY FROM LIABILITY THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION.

(R407) H. 3322 -- Reps. Edwards, D. Martin, White and Clyborne: AN ACT TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL OFFICE VACANCIES, SO AS TO PROVIDE FOR ELECTIONS TO BE HELD ON THE SAME DATE IF THEY ARE REQUIRED WITHIN A TWENTY-EIGHT-DAY PERIOD IN THE SAME COUNTY.

(R408) H. 2573 -- Rep. J.C. Johnson: AN ACT TO AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS AND MANUFACTURERS' PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES SO AS TO PROVIDE THAT THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR; TO AMEND SECTION 12-43-210, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT PROGRAMS, SO AS TO PROVIDE THAT NO REASSESSMENT PROGRAM MAY BE IMPLEMENTED IN A COUNTY UNLESS ALL REAL PROPERTY IN THE COUNTY, INCLUDING REAL PROPERTY CLASSIFIED AS MANUFACTURING PROPERTY, IS REASSESSED IN THE SAME YEAR; TO AMEND SECTION 12-43-280, RELATING TO THE PROVISION THAT TOTAL AD VALOREM TAXES MAY NOT BE INCREASED MORE THAN ONE PERCENT AS A RESULT OF EQUALIZATION AND REASSESSMENT, SO AS TO REQUIRE THE TAX COMMISSION TO TAKE CERTAIN ACTIONS TO INSURE COMPLIANCE WITH THIS PROVISION; TO AMEND SECTION 12-43-290, RELATING TO POLITICAL SUBDIVISIONS BEING ALLOWED TO INCREASE MILLAGE FOR SPECIFIED PURPOSES ABOVE CERTAIN LIMITS, SO AS TO REQUIRE TAX NOTICES TO REFLECT CERTAIN ADDITIONAL INFORMATION IN REGARD TO THIS EXCEPTION; TO AMEND SECTION 12-43-300, RELATING TO WRITTEN NOTICES TO OWNERS OF CERTAIN ASSESSMENTS OR REASSESSMENTS OF PROPERTY FOR TAX PURPOSES, SO AS TO FURTHER PROVIDE FOR THE TIME WITHIN WHICH THIS NOTICE MUST BE SENT IN NONREASSESSMENT AND REASSESSMENT YEARS, TO PROVIDE THAT IF TIMELY NOTICE IS NOT GIVEN, THE PRIOR YEAR'S ASSESSED VALUE IS THE BASIS FOR THE CURRENT YEAR'S ASSESSMENT, TO FURTHER PROVIDE FOR THE CONTENTS OF THIS NOTICE, TO EXTEND THE TIME FOR THE OWNER TO FILE AN APPEAL THEREFROM, TO PROVIDE THAT A COUNTY GOVERNING BODY BY ORDINANCE MAY EXTEND THE TIME FOR FILING AND OBJECTION TO REASSESSMENTS WITHIN THE COUNTY, AND TO PROVIDE THAT THE ABOVE CHANGES TO SECTIONS 12-43-210, 12-43-280, 12-43-290, AND 12-43-300 ARE EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1988.

(R409) H. 3450 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 85 SO AS TO REGULATE CONSOLIDATIONS AND MORTGAGE INSURANCE OFFERED, ISSUED, OR DELIVERED IN SOUTH CAROLINA, BY MAIL OR OTHERWISE, IN CONNECTION WITH CONSOLIDATIONS.

At 12:30 P.M. the House resumed, the SPEAKER in the Chair.

The Senate sent to the House the following:

S. 1234 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON, WEDNESDAY, MARCH 30, 1988, AS THE TIME FOR A JOINT ASSEMBLY TO ELECT MEMBERS TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION IN THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS TO SUCCEED THE PRESENT MEMBERS WHOSE TERMS EXPIRE IN 1988.

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

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

S. 1248 -- Senators Courson and Hayes: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH AS YOUTH ART MONTH.

Whereas, the South Carolina Art Education Association has developed an annual effort to promote the education, interest, and understanding of the arts in all of South Carolina schools; and

Whereas, the arts develop creativity, growth of imagination, and self-discipline; and

Whereas, the arts expand our vision and bring people of different cultures together in a world that is often hostile; and

Whereas, childhood is the time to develop the interests, skills, and aptitudes in the arts that will last a lifetime; and

Whereas, the basic education of the whole child must include quality arts instruction. Now, therefore,

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

That the members of the General Assembly proclaim the month of March, 1988, as Youth Art Month in South Carolina and encourage all of our citizens to work with the South Carolina Art Education Association to insure that quality arts instruction is provided to all youth of South Carolina.

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

The Senate sent to the House the following:

S. 1267 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS WOMEN'S HISTORY MONTH IN SOUTH CAROLINA.

Whereas, the contributions women have made to our state, nation, and world over the centuries is immeasurable; and

Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize these contributions and achievements, are desirous of declaring the month of March as Women's History Month in South Carolina. Now, therefore,

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

That the General Assembly declares the month of March as Women's History Month in South Carolina.

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

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

The Senate sent to the House the following:

S. 1269 -- Senators Macaulay, Dennis, Williams and Martin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF THE HONORABLE J. PAT MILEY OF WALHALLA, FORMER MEMBER OF THE GENERAL ASSEMBLY FROM OCONEE COUNTY, UPON HIS DEATH.

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

The Senate sent to the House the following:

S. 1270 -- Senator Matthews: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAUL D. SANDIFER, OF BAMBERG COUNTY, ON BEING NAMED "BAMBERG COUNTY CITIZEN OF THE YEAR".

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

Rep. G. BAILEY, with unanimous consent, introduced Miss Jeannie Ethel Lamie, MISS CHARLESTON.

The following was received.
Columbia, S.C., March 8, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to S. 97:
S. 97 -- Senator Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR THE TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; AND TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCES TO CRIMINAL CONVERSATION.
Very respectfully,
President

Received as information.

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

H. 3880 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25 OF THE 1976 CODE, RELATING TO INVESTMENT REPORTS OF THE STATE TREASURER, SO AS TO REDUCE THE REPORTING PERIOD FROM MONTHLY TO QUARTERLY AND TO DELETE THE REQUIREMENT FOR SEPARATE REPORTING OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30 OF THE 1976 CODE, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT," AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS; TO IMPOSE A TAX ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR THE DISPOSITION OF THE REVENUES, AND TO DEFINE "INFECTIOUS WASTE"; TO AMEND THE 1976 CODE BY ADDING SECTION 11-7-15, SO AS TO AUTHORIZE ACCESS BY THE STATE AUDITOR TO CONFIDENTIAL STATE RECORDS TO PROVIDE THAT IN EXAMINING CONFIDENTIAL RECORDS, THE STATE AUDITOR OR HIS DESIGNEES ARE SUBJECT TO ALL NONDISCLOSURE LAWS, AND TO MAKE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE THE WORKING PAPERS AND MEMORANDA OF THE STATE AUDITOR; TO AMEND SECTION 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE, AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT A TAXPAYER IS LIABLE FOR USE TAX THAT DOES NOT EXCEED ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND SECTION 59-21-320 OF THE 1976 CODE, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PRO:VIDE THAT ALL STATE AID UNDER THIS SECTION BE BASE ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557 OF THE 1976 CODE, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAM AND THE AVAILABLE WAIVER OF THE REQUIREMENTS SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION UPON A SHOWING THAT THE DISTRICT HAS ACHIEVED AVAILABLE OPERATING EFFICIENCIES AND ALL EDUCATIONAL REQUIREMENTS ARE BEING MET; TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL,IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS.

Without reference.

H. 3911 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3912 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SERVICE STATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 927, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3913 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO USE OF HAZARDOUS SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 926, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE PREVENTION AND LIFE SAFETY - BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 925, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3915 -- Reps. M.O. Alexander, Kirsh, T.C. Alexander, Rice and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3916 -- Reps. Derrick and Sturkie: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF LEXINGTON COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION BEGINNING IN 1990, PROVIDE THE MANNER OF ELECTION, AND EXTEND THE TERMS OF THE PRESENT MEMBERS.

Referred to Lexington Delegation.

H. 3917 -- Rep. Aydlette: A BILL TO PROVIDE THAT LEARNING DISABLED STUDENTS IN PUBLIC SCHOOL MAY NOT BE PROHIBITED FROM USING ANY ELECTRONIC OR MECHANICAL DEVICE THAT MAY ASSIST THEM IN THEIR SCHOOL WORK, INCLUDING TESTS AND EXAMINATIONS.

Referred to Committee on Education and Public Works.

H. 3918 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.

Referred to Committee on Ways and Means.

H. 3919 -- Rep. Koon: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO REVISE THE SEMESTERS ON WHICH THIS ELIGIBILITY IS BASED.

Referred to Committee on Education and Public Works.

S. 969 -- Senator Lee: A BILL TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.

Referred to Committee on Judiciary.

S. 980 -- Senator Setzler: A BILL TO AMEND SECTION 59-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE OF ATTENDANCE OF PUPILS, SO AS TO PERMIT A CHILD WHO HAS COMPLETED ONE YEAR OF KINDERGARTEN, WITHIN OR WITHOUT THIS STATE, TO ENTER THE FIRST GRADE.

Referred to Committee on Education and Public Works.

S. 1011 -- Senator Hayes: A BILL TO AMEND SECTION 15-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE BY PUBLICATION, SO AS TO PERMIT SERVICE BY PUBLICATION WHEN THE DEFENDANT IS A RESIDENT OF THIS STATE AND AFTER DILIGENT SEARCH CANNOT BE FOUND.

Referred to Committee on Judiciary.

S. 1044 -- Senator Land: A BILL TO AMEND SECTION 50-11-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS FOR HUNTING IN GAME ZONE NO. 8, SO AS TO CHANGE THE DATES FOR THE OPEN SEASON TO HUNT ANTLERED DEER FROM SEPTEMBER FIFTEENTH TO JANUARY FIRST TO SEPTEMBER FIRST TO JANUARY FIRST, INCLUSIVE.

Referred to Committee on Agriculture and Natural Resources.

S. 1110 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; AND TO PROVIDE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

S. 1111 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR HUNTING AND FISHING VIOLATIONS, SO AS TO INCREASE THE POINTS FROM FOURTEEN TO EIGHTEEN FOR ATTEMPTING ESCAPE AFTER LAWFUL ARREST, ILLEGAL COMMERCIALIZATION OF WILDLIFE, AND FISH AND DEER HUNTING FROM A MOTORBOAT, TO INCREASE THE PENALTY FROM FIVE TO SIX FOR ILLEGALLY POSSESSING BUCKSHOT AND FROM FOUR TO SIX FOR ILLEGALLY HUNTING WITH AN UNPLUGGED GUN, TO PROVIDE THAT ILLEGAL USE OF PERMITS, TAGS, AND STAMPS BY A PERSON OR TRANSPORTING OR POSSESSING MORE THAN THE LEGAL LIMIT OF FISH OR GAME RESULTS IN POINT ASSESSMENTS, TO CHANGE THE ASSESSMENT OF POINTS FOR VIOLATION OF GAME MANAGEMENT AREA REGULATIONS TO ASSESSMENTS FOR VIOLATION OF ANY WILDLIFE AREA REGULATIONS, TO PROVIDE THAT ASSESSMENTS MUST BE MADE FOR ROOST SHOOTING OF WILD TURKEYS BETWEEN THIRTY MINUTES AFTER OFFICIAL SUNSET AND THIRTY MINUTES BEFORE OFFICIAL SUNRISE INSTEAD OF FROM BETWEEN OFFICIAL SUNSET AND OFFICIAL SUNRISE, AND TO PROVIDE THAT VIOLATIONS OF TITLE 50 PROVISIONS (EXCEPT CHAPTERS 17 AND 21) NOT SPECIFICALLY MENTIONED IN SECTION 50-9-1020 MAY RESULT IN SIX-POINT ASSESSMENTS.

Referred to Committee on Agriculture and Natural Resources.

S. 1139 -- Senators Holland, Matthews, Wilson, Moore, McLeod, Bryan and Mitchell: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF JURY LISTS IN THE CIRCUIT COURT, SO AS TO REVISE THE PROCEDURES FOR JURY SELECTION BY INCLUDING OTHERWISE ELIGIBLE LICENSED DRIVERS AND IDENTIFICATION CARDHOLDERS AND TO MAKE THE PROVISIONS EFFECTIVE UPON RATIFICATION OF A CONSTITUTIONAL AMENDMENT PERMITTING THEM.

Referred to Committee on Judiciary.

S. 1179 -- Senator Hinson: A BILL TO AMEND SECTION 25S, PART II, ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO THE EXTENSION OF THE FILING DEADLINE FOR THE INVENTORY TAX EXEMPTION, SO AS TO EXTEND THE DEADLINE FROM SEPTEMBER 30, 1987, UNTIL JUNE 30, 1988.

Referred to Committee on Ways and Means.

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Klapman                Koon                   Lanford
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McGinnis
McKay                  McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nettles                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                SimpsOn
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

I came in after the roll call and was present for the Session on March 8, 1988.

Paul Short                        Harriet Keyserling
Philip T. Bradley                 Robert N. McLellan
E. Crosby Lewis                   Bob Kohn

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 8, 1988.

Rep. Gentry

Rep. Nesbitt

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

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

Rep. J. ROGERS moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

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

H. 3897 -- Reps. M.O. Alexander, Baker, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CERTAIN PRECINCTS.

H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.

H. 3453 -- Rep. Hayes: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY BY ADDING SECTION 16-17-445 SO AS TO PROVIDE RESTRICTIONS UPON UNSOLICITED CONSUMER TELEPHONE CALLS TO RESIDENCES, PROHIBIT THE MAKING OF UNSOLICITED CONSUMER TELEPHONE CALLS TO CERTAIN SUBSCRIBERS, AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO INVESTIGATE COMPLAINTS OF VIOLATIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATION.

The following Bill was taken up.

S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 2, by the Committee on Education and Public Works.

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

The SPEAKER overruled the Point of Order.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2042J), which was adopted.

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

/SECTION 1. Section 47-5-100 of the 1976 Code is amended to read:

"Section 47-5-100. The county health department shall serve notice upon the owner of any a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for a period of at least ten days after the animal has attacked or bitten a person. And the The licensed graduate veterinarian, the rabies control officer, or his assistants shall must be permitted by the owner of such the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine whether such if the animal shows symptoms of rabies. No person shall obstruct or interfere with the rabies control officer or his assistants in making such the examination. In the case of a pet other than a dog or cat which has attacked or bitten a person, the county health department shall serve notice upon the owner of such pet that the owner shall have the animal euthanized immediately and have the brain submitted for rabies examination. The Department of Health and Environmental Control shall remove the head of a dead animal delivered to it which is suspected of having rabies and perform a rabies examination."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

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

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

S. 1067 -- Senator Waddell: A BILL TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.

Rep. SNOW explained the Bill.

S. 1075 -- Judiciary Committee: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.

Rep. WILKINS explained the Bill.

The following Bill was taken up.

H. 3380 -- Reps. Wilkins, Huff, Hayes, McElveen and Limehouse: A BILL TO AMEND SECTION 29-3-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO PROVIDE FOR THE SUPERIORITY OF THE LIEN OF A PERSON WHO HAS FURNISHED LABOR, SERVICES, OR MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS TO REAL PROPERTY AND TO AMEND SECTION 29-5-70, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE FOR UNENFORCEABLE LIENS CLAIMED BY ANY MECHANIC OR MATERIALMAN FURNISHING LABOR, SERVICES, OR MATERIAL AND PROVIDE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1969J), which was adopted.

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

/SECTION 1. Section 29-3-50 of the 1976 Code is amended by adding at the end:

"However, the lien of a person who has furnished labor, services, or material in connection with the construction of improvements to real property is superior to the lien of a recorded mortgage as to disbursements made after filing of the notice of the mechanic's lien required by Section 29-5-90 and service of the notice on all prior recorded mortgage holders. Service of the notice on prior recorded mortgage holders must be made pursuant to Rule 4 of the South Carolina Rules of Civil Procedure. The priority of the mechanic's lien extends only to the mortgage disbursements made after the filing of the lien and service of the notice on all prior recorded mortgage holders."

Amend title to conform.

Rep. WILKINS explained the Bill.

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

The following Bill was taken up.

H. 3785 -- Rep. Wilkins: A BILL TO AMEND SECTION 57-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDEMNATION OF PROPERTY OF CERTAIN PUBLIC SERVICE CORPORATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2246J), which was adopted.

Amend the bill, as and if amended, by striking the words /Section 57-3-380/ as contained on lines 1 and 3 of SECTION 1 and on line 1 of the title and inserting /Section 57-5-380/. When amended, SECTION 1 shall read:

SECTION 1. Section 57-5-380 of the 1976 Code is amended to read:

"Section 57-5-380. The Department, for the purpose of acquiring property as authorized by Section 57-5-320, may condemn lands, rights-of-way, and easements of railroad, railway, telegraph, or other public service corporations.

The, provided that the condemnation does not impair the ability of the railroad, railway, telegraph, or other public service corporations to operate."

When amended, the title shall read:

TO AMEND SECTION 57-5-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDEMNATION OF PROPERTY OF CERTAIN PUBLIC SERVICE CORPORATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION.

Rep. WILKINS explained the amendment. The amendment was then adopted.

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

The following Bill was taken up.

H. 3710 -- Reps. Wilkins, Hayes, Beasley and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1736 SO AS TO PROVIDE FOR THE USE OF FICTITIOUS NAMES IN ADOPTION RECORDS; AND TO AMEND SECTION 20-7-420, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR THE COURT TO HEAR AND DETERMINE ACTIONS RELATED TO ADOPTION AS WELL AS FOR ADOPTION; SECTION 20-7-1650, RELATING TO DEFINITIONS PERTAINING TO ADOPTION, SO AS TO DELETE THE REFERENCE TO THE CHILDREN'S BUREAU AND THE DEFINITION OF "LEGAL AGE", REVISE THE DEFINITIONS OF "CHILD PLACING AGENCY", "CONSENT", AND "RELINQUISHMENT", AND DEFINE "COURT"; SECTION 20-7-1670, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION, SO AS TO PROVIDE FOR THE COURT TO SPECIFICALLY FIND CERTAIN CIRCUMSTANCES BEFORE ADOPTION BY A NONRESIDENT, DELETE THE REQUIREMENT THAT SPECIFIC FINDINGS OF FACT MUST EXIST FOR ADOPTION BY A NONRESIDENT, AND PROVIDE FOR A PETITION TO BE BROUGHT TO SHOW EXCEPTIONAL CIRCUMSTANCES BEFORE BIRTH OR PLACEMENT IN AN ADOPTION BY A NONRESIDENT; SECTION 20-7-1680, RELATING TO JURISDICTION OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE FOR THE PROCEEDINGS TO BE BROUGHT IN THE COUNTY IN WHICH THE CHILD IS BORN; SECTION 20-7-1690, RELATING TO CONSENT OR RELINQUISHMENT FOR ADOPTION, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CONSENT OR RELINQUISHMENT ARE REQUIRED; SECTION 20-7-1695, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION ARE NOT REQUIRED, SO AS TO DELETE THE PROVISIONS FOR A PARENT WHO HAS BEEN ADJUDGED INCOMPETENT, TO PROVIDE FOR A PARENT WHO IS UNLIKELY TO PROVIDE MINIMALLY ACCEPTABLE CARE, TO REQUIRE INDEPENDENT COUNSEL TO BE APPOINTED FOR AN INDIGENT PARENT, AND TO PROVIDE FOR RELINQUISHMENT TO A PERSON FACILITATING THE ADOPTION; SECTION 20-7-1700, RELATING TO THE FORM AND CONTENT OF CONSENT OR RELINQUISHMENT, SO AS TO PROVIDE FOR IT TO SPECIFY WHETHER COUNSELING IS NEEDED OR REQUIRED AND THAT THERE IS NO DURESS OR COERCION INSTEAD OF NO PRESSURE AND DELETE THE REQUIREMENT THAT IT BE FREELY GIVEN; SECTION 20-7-1705, RELATING TO THE SIGNING OF THE CONSENT OR RELINQUISHMENT, SO AS TO CHANGE THE REFERENCE TO THE CHILDREN'S BUREAU TO THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE FOR A CONSENT OR RELINQUISHMENT IN ANOTHER JURISDICTION TO BE VALID IN SOUTH CAROLINA, PROVIDE FOR SIGNING OF THE CERTIFICATION TO THE DOCUMENT GIVING CONSENT OR RELINQUISHMENT AND PROVIDE FOR CONSENT OR RELINQUISHMENT TO BE GIVEN WITHOUT DURESS OR COERCION INSTEAD OF KNOWINGLY, INTENTIONALLY, AND FREELY; SECTION 20-7-1730, RELATING TO THE FILING OF THE ADOPTION PETITION, CONSENT OR RELINQUISHMENT, AND POSTPLACEMENT INVESTIGATION, SO AS TO REVISE THE REQUIREMENTS AS TO WHICH REPORTS AND DOCUMENTS MUST BE FILED AT THE TIME THE ADOPTION PETITION IS FILED, UNLESS GOOD CAUSE IS SHOWN; SECTION 20-7-1732, RELATING TO THE APPOINTMENT OF A GUARDIAN AD LITEM, SO AS TO DELETE THE REQUIREMENT THAT THE APPOINTMENT MUST OCCUR AFTER THE FILING OF THE ADOPTION PETITION, PROVIDE FOR APPOINTMENT BEFORE A HEARING ON THE ADOPTION OR RELATED MATTERS, AND PROVIDE FOR SERVICE OF THE PETITION UPON THE ADOPTEE; SECTION 20-7-1734, RELATING TO NOTICE OF ADOPTION PROCEEDINGS, SO AS TO REQUIRE THE FILING OF THE REASONS FOR CONTESTING, INTERVENING, OR OTHERWISE RESPONDING TO AN ADOPTION; SECTION 20-7-1740, AS AMENDED, RELATING TO ADOPTION INVESTIGATIONS AND REPORTS, SO AS TO REVISE REQUIREMENTS IN A PREPLACEMENT AND POSTPLACEMENT INVESTIGATION AND PROVIDE FOR UPDATING OF THE PREPLACEMENT INVESTIGATION REPORT BEFORE THE PLACEMENT OF THE CHILD INSTEAD OF ONE YEAR FROM THE INITIAL REPORT AND EVERY SIX MONTHS; SECTION 20-7-1750, RELATING TO CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS OR OBTAIN CERTAIN CONSENTS OR RELINQUISHMENTS FOR ADOPTION, SO AS TO CHANGE THE REFERENCES TO CHILDREN'S BUREAU TO DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-1760, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO PROVIDE FOR EXTENDING OR SHORTENING THE TIME OF THE HEARING FOR A SPECIAL NEEDS CHILD AND FOR THE COURT TO MODIFY THE TIME OF THE HEARING EVEN WHEN THE PETITIONER HAS HAD CUSTODY OF THE ADOPTEE FOR NINETY DAYS; SECTION 20-7-1775, RELATING TO DISBURSEMENTS BY OR ON BEHALF OF THE ADOPTION PETITIONER, SO AS TO PROVIDE FOR AN ACCOUNTING OF EXPENSES INCURRED OR FEES FOR SERVICES RENDERED; AND SECTION 20-7-1780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF HEARINGS AND RECORDS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FILES AND RECORDS MAINTAINED BY ANY PERSON CERTIFIED BY THE DEPARTMENT OF SOCIAL SERVICES.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 3, by the Committee on Judiciary.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Rep. P. BRADLEY moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 45 to 40.

The Senate returned to the House with concurrence the following:

H. 3767 -- Reps. Blanding, Baxley, G. Brown, McElveen and E.B. McLeod: A CONCURRENT RESOLUTION INVITING THE STATE CLASS AAAA CHAMPION SUMTER HIGH SCHOOL GAMECOCK FOOTBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1988, PRIOR TO THE JOINT ASSEMBLY HONORING THE EASTER SEAL SOCIETY.

H. 3908 -- Reps. Koon, Baxley, Blanding, G. Brown, McElveen and E.B. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. E. WHILDEN NETTLES, JR., OF SUMTER.

H. 3906 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JAMES SHUMATE EZELLE OF ANDERSON.

At 12:58 P.M. the House in accordance with the motion of Rep. P. BRADLEY adjourned to meet at 11:00 A.M. tomorrow.

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