Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Eternal and ever present God, over us yet deep within us, give us ears to hear above resolutions, debates, and roll calls the still small voice of our Lord in the inner chambers of our beings. Keep us sheltered in Your love, leading us to still waters and green pastures. Give us clear minds, sound judgment and physical stamina. And with these gifts, grant to each of us a serene spirit, a peaceful heart, and an enduring faith. Amid the stresses and tensions of crowded hours, keep us always aware that "from everlasting to everlasting You are God".

Thank You, Heavenly Father, for hearing our prayer, and answering us according to our needs. Amen.

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

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

The following were taken up for immediate consideration and accepted.

March 23, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Forestry Association and CSX Transportation invite members of the South Carolina House of Representatives to board the TIMBERLINE SPECIAL Wednesday, April 20, 12:30 P.M., for a train ride to Kensington Mansion near Eastover, S.C.

Following a seafood buffet lunch, there will be demonstrations of modern forest management techniques.

Cordially,
Robert R. Scott

President

August 5, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the Home Builders Association of South Carolina and the South Carolina Builders Political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual "Bird Supper", Tuesday, April 5, 1988 at the Ellison Building, State Fairgrounds, Columbia, S.C. Cocktails will be served at 7:00 P.M. and dinner at 7:45 P.M.

We look forward to this evening with our legislators.

Sincerely,
James A. Brannock
Executive Vice President

December 4, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Spartanburg Legislative Delegation and the Foundation for the Multihandicapped, Blind and Deaf of South Carolina wish to invite members of the House of Representatives to a cocktail reception to officially introduce Mr. Joseph P. Finnegan, Jr., newly appointed President of the South Carolina School for the Deaf and the Blind, to the General Assembly and the Columbia business community. The reception, sponsored by South Carolina National Bank, will be held at their corporate offices on the 18th floor of the Palmetto Building in Columbia from 6:00-8:00 P.M. on Wednesday, April 6, 1988.

We feel that the General Assembly will be pleased with the selection of Mr. Finnegan. His foresight, leadership, knowledge of special education, and interpersonal skills will provide the direction for his competent staff to develop the maximum educational experiences for his students. We look forward to affording you the opportunity to get to know him better.

Sincerely,
Andrew M. Crane

February 26, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the I-85 Chamber Group, which includes the Anderson, Cherokee County, Clemson, Easley, Greenville, Greer, Laurens County and Spartanburg Chambers of Commerce, please extend an invitation to members of the House of Representatives to a reception honoring the General Assembly on Tuesday, April 12, 1988.

The reception will be held from 6:00 P.M. to 8:00 P.M. at the Radisson Hotel as part of our Upstate Day at the Statehouse program.

Please contact Phyllis Bertaux, Vice President of Governmental Affairs, Greenville Chamber of Commerce, to indicate your acceptance.

We look forward to meeting you on April 12, 1988.

Sincerely,
Douglas A. Smith
Chairman of the Board

January 12, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Board of Trustees, faculty, staff and students of the Wil Lou Gray Opportunity School cordially invite members of the House and their spouses to a Legislative Appreciation Bar-B-Que on Wednesday, April 13, 1988, at 6:30 P.M. on the Opportunity School campus.

The event is hosted by the Wil Lou Gray Foundation to show appreciation to the Legislature for its support of the important work done by the Opportunity School with young people. No program is planned, just good food and fellowship.

We know how busy your schedules are and hope you will be able to take time out to relax and allow us to show our appreciation on this occasion.

Sincerely,
Sam F. Drew, Jr.,
Superintendent

March 3, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The House of Representatives, Clerks and Attaches are cordially invited to attend the annual gathering of Larry Koon, Dave Waldrop, and Tom Rhoad to be held on April 19th at Koon's Club House beginning at 8:00 P.M.

There will be a fox and koon hunt for those interested. Maps will be provided prior to the 19th.

We look forward to seeing you all there.

Sincerely,
Larry L. Koon
Thomas N. Rhoad

November 20, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter will confirm the following dates we have scheduled through your Committee via telephone for the Legislative Open House at the State Museum.

April 19, 1988 - 6:00-8:00 P.M. - Reception

This event will take place at the South Carolina State Museum, 301 Gervais Street. This invitation should be extended to the spouses of all House members.

We would appreciate confirmation of these dates and times on the House's legislative calendar.

Sincerely,
Overton G. Ganong
Executive Director

January 4, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

For the past 28 years a group of men in Columbia have sponsored a State Wide Prayer Breakfast. This breakfast is a follow-up of the National Prayer Breakfast held in Washington, D.C. annually. The purpose of this breakfast is to bring together interested men and women from around the State to the State Capitol to undergird our elected officials with prayer.

This letter is to request that this event be placed on the House of Representatives' calendar for the morning of April 20, 1988 from 7:45 A.M. to 9:15 A.M. This event is to be held at the Radisson Hotel. Each Representative will receive a personal invitation.

Your cooperation and assistance with this request is deeply appreciated.

Respectfully,
C.T. Young, Chairman

March 16, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

I am sending this letter to confirm April 26, 1988 as the date for a Legislative Reception which is being sponsored by the South Carolina Dental Hygienists' Association and Component Societies. All Senators and Representatives are invited to attend. The Reception will be held at the Tounhouse beginning at 7:00 P.M.

If you should need further information, please contact Mr. Ron Cobb at 271-4323 or Brenda Boucher at 731-4746.

Sincerely,
Brenda S. Boucher, RDH
Legislative Committee

February 11, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

We would like to invite the members of the South Carolina House of Representatives to a cocktail reception on April 27, 1988 at The Town House, 615 Gervais Street, Columbia, S.C. The time will be from 6:00 to 7:00 P.M.

We will appreciate an acceptance by your committee and the placement of this invitation on the House calendar.

Respectfully,
G. Elton Todd
Chairman, FINPAC Trustees

January 18, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the South Carolina Recreation and Park Society, I would like to confirm our date of Wednesday, April 27, 1988 for our legislative drop-in. The drop-in will be held at the Radisson Hotel from the hours of 7:00 P.M. until 9:00 P.M.

If there are any further questions or concerns, please feel free to contact me at 256-8700.

Thank you for your time and cooperation.

Sincerely,
James E. Headley

The following was received.

March 24, 1988

MEMORANDUM TO:     The Clerk of the Senate

The Clerk of the House

FM:     Alexander S. Macaulay

Chairman, Joint Legislative

Screening Committee to Review

Candidates for the Health and

Human Services Finance

Commission

In compliance with Chapter 19 of Title 2 of the 1976 Code, it is respectfully requested that the following information be printed in the Journals of the House and Senate.

Respectfully submitted,

Senator Alexander S. Macaulay, Chairman
Senator Harvey S. Peeler
Senator John E. Courson
Senator Thomas H. Pope

Representative Dill Blackwell
Representative B. L. Hendricks
Representative McKinley Washington
Representative Jarvis R. Klapman

Pursuant to Chapter 19 of Title 2 of the 1976 Code, this Committee was convened to consider the qualifications of candidates seeking to serve on the Health and Human Services Finance Commission from the Second, Fourth and Sixth Congressional Districts.

The Screening Committee is charged by law to consider the qualifications of the candidates. When notice is received that an individual intends to seek election or reelection to the Commission, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to serve on the Commission and under the statute our determination in that regard is not binding on the General Assembly.

Mr. T. Michael Copeland is the only candidate applying to fill the Second District seat to the Commission. Dr. Robert Robards, the incumbent, is offering for reelection to the Fourth Congressional District. Mr. Gene Strom Berry is also offering as a candidate for the Fourth Congressional District seat. Mr. James L. Pasley, Jr., the incumbent, is the only candidate offering for the Sixth Congressional District seat.

Having completed the investigation as required by law, the Committee, by this report, respectfully submits it findings to the members of the General Assembly for their consideration.

The Report consists of the Transcript of the Proceedings before the Screening Committee held on March 16, 1988, and the documents submitted by the candidate which was made part of the public record. Also included in the Report are letters from the State Ethics Commission and the Attorney General's Office which were written at the request of the Committee. The candidates filed a Personal Data Questionnaire, a State of Economic Interest, five (5) letters of reference, and reports of background investigations conducted by SLED. These documents may be viewed in the Office of Alexander Macaulay, Chairman, Suite 612--Gressette Building until the date and time of the election.

The candidates were present at the screening and testified under oath.

Screening before the Joint Legislative Screening Committee to Review Candidates for the State Health and Human Services Finance Commission, held in Room 307, Gressette State Office Building, Columbia, South Carolina, on Wednesday, March 16, 1988, commencing at 2:00 p.m.

Members of Committee in attendance:

Senator Alex S. Macaulay, Chairman

Senator John E. Courson

Representative B. L. Hendricks, Jr.

Representative Dill Blackwell

Representative Jarvis R. Klapman

Representative McKinley Washington

Senator Macaulay: We will take the candidates up according to the Congressional Districts in numerical order. Second, Fourth and Sixth Districts, I believe. They are also in alphabetical order. Mr. Copeland, I ask that you raise your hand and take the oath.

(Thomas Michael Copeland, candidate for the Health and Human Services Finance Commission, was duly sworn by Senator Macaulay.)

SENATOR MACAULAY

Q     Thank you. Mr. Copeland, will you give us your full name, please?
A     Thomas Michael Copeland.
Q     Where do you reside?
A     1732 Catawba Street, Columbia, South Carolina.
Q     What Congressional District is that?
A     Second.
Senator Macaulay: Mr. Copeland, there are other questions that I will ask that have been formulated for screening purposes. If you would, please give me your answer on these. Of course, if there are any questions, don't hesitate to ask to repeat it.
Q     Have you been hospitalized or had any serious illness or medical problems within the last year?
A     No.
Q     To your knowledge, do you have any health problems which might hinder your ability to perform the duties of the office you are seeking?
A     No.
Q     Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
A     No.
Q     Do you have any business obligations be it employment or other commitments, that would prohibit you from attending the meetings and putting in the time needed to serve this office?
A     No sir. I can't guarantee that I won't miss a meeting. I believe I can serve to the full....
Q     Do you or your family have any business interests that would present a conflict of interest in your holding this position?
A     No.
Q     Are you, or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
A     No. But I am godfather to Dr. Rolette's daughter.
Q     Have you ever been discharged from any employment?
A     No.

Senator Macaulay: Mr. Hendricks, do you have any further questions?

REPRESENTATIVE HENDRICKS:

Q     Are you a member of the Winthrop Board at the present time?
A     No sir. I was--am-- a member of the Winthrop Board of Visitors but I understand that doesn't involve any kind of dual office holding. The governing body of Winthrop is the trustees.

Senator Macaulay: Would you please use the microphones since we're making a verbatim transcript? Mr. Blackwell, do you have any questions?

REPRESENTATIVE BLACKWELL:

Q     Mr. Copeland, in what business is The Fontaine Company engaged?
A     We are primarily involved in economic development and natural resources management studies. We have done, in the past, market representation work.....
Q     Are you presently the owner of the company and as such you perform services for the company?
A     Yes.
Q     It is your understanding that during the tenure that you will refrain from participating in any offering to do with State Health and Human Services Finance Commission or any of its contract agencies?
A     Yes.

This Committee affirmatively finds Mr. T. Michael Copeland qualified to offer as a candidate for the Health and Human Services Finance Commission from the Second Congressional District.

Senator Macaulay: Thank you, Mr. Copeland. Once you finish your appearance before the Committee, you may be excused. The next candidate is Mr. Gene Strom Berry. Mr. Berry, I ask that you raise your hand and take the oath.

SENATOR MACAULAY:

(Gene Strom Berry, candidate for the State Health and Human Services Finance Commission, was duly sworn by Senator Macaulay.)

Q     Mr. Berry, for the record, please state your full name?
A     Gene Strom Berry.
Q     Where do you reside?
A     16 Carmel Street, Greenville, South Carolina.
Q     In which Congressional District is that?
A     Fourth.
Q     Have you been hospitalized or had any serious illness or medical problem in the past year?
A     No.
Q     To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
A     No.
Q     Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
A     No.
Q     Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the time needed to serve in this office?
A     No.

Senator Macaulay: Under our Ethics Law, I have to ask you a few other questions.
Q     Do you or your family have any business interest that would present a conflict of interest in your holding this position?
A     No.
Q     Are you, or any of your family, related to anybody affiliated with the Health and Human Services Finance Commission?
A     No.
Q     Have you ever been discharged from any employment?
A     No.

Senator Macaulay: Any other questions of Mr. Berry?

REPRESENTATIVE HENDRICKS:

Q     What is your interest in the Health and Human Services Finance Commission?
A     First of all, I saw the ad in the paper...and felt like I could serve and do a good Job.
Q     I haven't had a chance to read all of your application here. You say because of your experience. Do you have any experience with nursing homes or anything in the health field?
A     No sir. My business is a real estate company....
Q     Do. you know Thom Berry of Greenville?
A     Heard the name but don't know him.

SENATOR COURSON JOINS THE HEARING.

REPRESENTATIVE BLACKWELL:

Q     In your work with the Board of Realtors have you participated actively in the Political Affairs Committee and in the State Political Affairs Committee?
A     Yes.
Q     What would be your attitude were you elected to this Commission about that sort of continued participation as a realtor?
A     On the Political Affairs Committee--what that Committee is--does not support any one candidate. Our job in that committee is to get information out to all realtors of bills pending or of anything that would pertain to property rights. Information to the realtors--and at that time they have the choice to vote yes or no. It's more an information gathering committee. We do not endorse a specific candidate whatsoever...information gathering committee...what's happening in the State.
Q     As a member of the State Political Affairs Committee, are you in a position of advocating any particular type of legislation?
A     No.
Q     Do you understand that it would make some difference to the, perhaps to some members of the General Assembly, if in your position as a Commissioner you are advocating particular partisan politics. I didn't say that well, did I? What I'm driving at is how political are you going to be if you are a Commissioner?
A     Just the duties of that particular committee is non-partisan. It's more or less information gathering Of the bills coming up. We are not a lobbyist and do not endorse any candidate-Needed someone on the Committee to really get the information out to other realtors. I do not feel that there is anything there that would prevent me from serving on this Committee.

Senator Macaulay: Any questions, Senator Courson?
Senator Courson: No sir.

Senator Macaulay: Mr. Berry, I notice that you do have copies of your remarks that have been provided to us. Would you like to read them now?
Mr. Berry: If you like; if it is necessary.

REPRESENTATIVE JARVIS KLAPMAN JOINS THE HEARING.

Senator Macaulay: Mr. Berry, if you will.
Mr. Berry: Mr. Chairman and Members of the Screening Committee. I would like to give some additional information regarding my background. My company specializes in residential real estate and property management in Greenville. Currently, I am serving on several committees for the Greenville Board of REALTORS as follows: Chairman of the Political Affairs Committee, member of the Professional Standards Committee, member of the Legislative Committee, and member of the State Political Affairs Committee. In 1987 I served as an officer on the Greenville Board of Realtors, as a State Director on the State Professional Standards Committee and on the Service Committee which undertook several projects including raising money for Camp Happy Days (Camp for children with cancer), Safety in Songs (program distributed to all first graders), and raising money for a bus for intercity children's activities. In 1986 I served as Chairman of the Grievance Committee for the Greenville Board of REALTORS. I am a member and Deacon at Shannon Forest Presbyterian Church and Co-Chairman of the School Board. In closing, may I say that as a business owner I have gained experience in budgeting, planning and management that could help me be a useful member of the South Carolina Health and Human Services Finance Commission. Thank you.

This Committee affirmatively finds Mr. Gene Strom Berry qualified to offer as a candidate for the Health and Human Services Finance Commission from the Fourth Congressional District.

Senator Macaulay: Thank you, Mr. Berry. You may be excused. Dr. Robards, I ask that you raise your hand and take the oath.

(Robert E. Robards, M.D., candidate for the State Health and Human Services Finance Commission, was duly sworn by Senator Macaulay.)

Q     Doctor, would you give us your full name?
A     Robert Erwin Robards.
Q     Where do you reside, sir?
A     303 Sassafras Drive, Taylors, South Carolina.
Q     In which Congressional District is that?
A     Fourth.
Q     Have you been hospitalized, or had any serious illness or medical problem in the past year?
A     No, but I would like to qualify that. I had a mild coronary back in March 1985...I do not take any medications...
Q     I note that you are an incumbent. Did the coronary occur while you were serving on the Commission?
A     Yes.
Q     Did you attribute any of that to your incident?
A     No.
Q     To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
A     No.
Q     Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
A     No.
Q     Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the time needed to serve in this office?
A     No.

Senator Macaulay: Again, there are a couple of questions under the Ethics Law that I would like to ask.
Q     Do you or your family have any business interest that would present a conflict of interest in your holding this position?
A     No.
Q     Are you, or any of your family, related to anybody affiliated with the Health and Human Services Finance Commission?
A     No.
Q     Have you ever been discharged from any employment?
A     No.

Senator Macaulay: Mr. Hendricks, do you have any questions?

REPRESENTATIVE HENDRICKS:

Q     I remember when you were first a candidate for this appointment and believe that you were a consultant with J.P. Stevens. Are you no longer employed?
A     I am retired...

REPRESENTATIVE BLACKWELL:

Q     I notice that SLED has been very thorough and has found that you had been a party to a suit and I understand that at this point the suit has been dropped. In that legal proceeding, do you see any,conflict...?
A     No.

Senator Courson has no questions.
Representative Klapman has no questions.
Senator Macaulay: Dr. Robards, do you have anything else that may be of interest to the Committee?
A     I have decided to run for re-election to the Health and Human Services Finance Commission. My principal reason for declaring my candidacy is to contribute to the continuity of the Commission. As you know, Governor Campbell has just appointed a new Chairman for our Commission, Mr. William P. Simpson, and our new Executive Director is Dr. Andy Laurent. Both of these gentlemen should provide strong leadership for the Commission. I feel that I have been able to make positive contributions to the Commission's actions, since there is almost always a medical dimension in the Medicaid, Medically Needy, Home Health Care and Social Services Block Grant Programs, as well as in the other smaller programs administered by the Commission. I am now fully retired and have no conflict or duality of interest with respect to any provider of services. Most importantly, I am concerned that those deserving South Carolinians who receive benefits from these aforementioned programs are treated equitably by a responsible agency like our Commission. These past four years have been most difficult in view of the fact that this is still a relatively new State Agency that is trying to identify the best qualified staff to manage its administrative affairs, as well as to stay within State/Federal budgetary constraints. The need for better fiscal accountability and a more responsible understanding of the needs of our citizens are my most fundamental objectives. I feel that our recipients have been well served throughout the past four years, but we now need to stabilize the management situation. I feel I can better work toward this end now that I have had four years of Commission experience. It takes a good two years to fully understand the complexity of the essentially federally-matched programs which we are called upon to plan and administer. Also, we need to be assured that the recommendations of the Legislative Audit Council are being carefully reviewed and corrective action applied where appropriate.

This Committee affirmatively finds Dr. Robert C. Robards qualified to offer as a candidate for the Health and Human Services Finance Commission from the Fourth Congressional District.

SENATOR MACAULAY: Mr. Arnette, I ask that you raise your hand and take the oath.

(Wade Carlie Arnette, candidate for the State Health and Human Services Finance Commission, was duly sworn by Senator Macaulay.)
Q     Mr. Arnette, please give us your full name?
A     Wade Carlie Arnette.
Q     Where do you live?
A     Senator, I live, my legal address is Thornley Forest in Moncks Corner. Also, at the present I am at 1741 Forest Trail in Columbia. Please let me clarify that because of things that have happened lately. I am still a resident of the Sixth District but I am working presently at the S.C. Department of Insurance as Statistical Research Administrator. Right now, during the week I am in Columbia.
Q     Have you been hospitalized, or had any serious illness or medical problem in the past year?
A     No.
Q     To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
A     No.
Q     Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
A     No.
Q     Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the time needed to serve in this office?.
A     No.

Senator Macaulay: Again, these questions are on the Ethics Law.
Q     Do you or your family have any business interest that would present a conflict of interest in your holding this position?
A     No.
Q     Are you, or any of your family, related to anybody with the Health and Human Services Finance Commission?
A     No.
Q     Have you ever been discharged from any employment?
A     No.
Q     Mr. Arnette, do you have a statement to make?
A     Yes sir. Chairman and distinguished members of this Committee: When I applied for this Commission I was very interested and concerned about it. I am very familiar with it and of the importance of the Commission. I wanted to make sure the Commission did well certainly that no monies would be wasted and that all these monies allocated were used for its purpose and intent. Also, I wanted to make sure its Commissioner was representative of all the people. After further consideration, I find that the present Commissioner is doing an outstanding job, what I consider it to be, and at this time, Senator, I would like to withdraw my candidacy from this Committee.

Senator Macaulay: Mr. Arnette, I think I can speak for the Committee, we certainly appreciate your interest and concern for the people of the Sixth Congressional District and of your appearance here today. Unless there are any questions, we will accept Mr. Arnette's statement and with our appreciation. It is our understanding that you will not pursue the candidacy for the Commission.

Mr. Arnette: Yes, I ask that my name be withdrawn and thank the Committee.
Senator Macaulay: This will mean that we will not have a report on your candidacy.

SENATOR MACAULAY: Mr. Pasley, I ask that you raise your hand and take the oath.

(James L. Pasley, Jr., candidate for the State Health and Human Services Finance Commission, was duly sworn by Senator Macaulay.)
Q     Mr. Pasley, will you give us your full name for the record?
A     James L. Pasley, Jr.
Q     Where do you reside?
A     Route One, Box 327, Hemingway, South Carolina.
Q     Which Congressional District is that?
A     Sixth.
Q     Have you been hospitalized, or had any serious illness or medical problem in the past year?
A     No.
Q     To your knowledge, do you have any health problem which might hinder your ability to perform the duties of the office you are seeking?
A     No.
Q     Do you have any problem with the use of alcohol or drugs that would hinder your ability to perform the duties of the office?
A     No.
Q     Do you have any business obligations be it employment or other commitments that would prohibit you from attending the meetings and putting in the time needed to serve in this office?
A     No.I do not. However, I would like to clarify something. In my packet, I attached a letter. I am presently employed with Coastal Rapid Transport Authority, Conway, South Carolina. We provide transportation to Williamsburg, Horry and Georgetown counties. This company does provide some medicaid transportation which is done on a bid procedure. It does receive some funding from Health and Human Services Finance Commission. However, the authority to award these funds are twice removed from the Finance Commission. This contract will be awarded to the Governor's Office for their administration. The Governor's Office awards the contract to General Services. So I as a Commissioner have no impact on those bids whatsoever. I think a letter to that effect was sent to the Ethics Commission and should be included in your package.

Senator Macaulay: I believe there is a letter in the packet.
Representative Klapman: I don't see a response to the letter to Gary Baker of the Ethics Commission. I would like to move that we get some kind of response from Mr. Baker to clarify Mr. Pasley's position.
Senator Courson: Second.
Mr. Pasley: At the time, I discussed the matter with Bill Putnam, the interim chairman, and he recommended that I send the letter to see if there was a problem. Since we didn't receive a response...
Senator Macaulay: We have a motion to request a response from Ethics Commission. All those in favor indicate by saying "Aye," oppose "Nay." ayes have it. Staff to request from Ethics Commission a response.
Q     Do you or your family have any business interest that would present a conflict of interest in your holding this position?
A     No.
Q     Are you or any of your family related to anybody affiliated with the Health and Human Services Finance Commission?
A     No.
Q     Have you ever been discharged from any employment?
A     No.

Senator Macaulay: Thank you..This is all the questions that the Chair has at this time.

REPRESENTATIVE BLACKWELL: Mr. Pasley, I notice that you voluntarily furnished a copy of a letter signed by George Hamlet about a judgment against James Pasley and Sons. Is this your business?
A     Yes sir. Me and my brothers.
Q     There was a judgment against you in some sort of lawsuit? Did you sue somebody?
A     No sir.
Q     Let me review this. The judgment rolls of Williamsburg County were reviewed in the Williamsburg County Clerk's office and found in the name of James Pasley, et al. $130--La Duke, Don H. dated 10-18-82; $2,717.69, Gamble, Thomas D., Jr. (Williamsburg Oil Company) dated 8-3-73; $560.53--Farm Equipment Company, dated 1-9-86, 16-759. Does the farm equipment company belong to your father?
A     Yes. I think what you are referring to is James L. Pasley not James L. Pasley, Jr.
Q     They did find a promissory note dated 3/13/86 in the amount of $11,000 to the order of Santee Oil Company, Inc. signed by you. Does the lawsuit that created the judgment involve you in any way?
A     Let me explain--anything dealing with James L. Pasley will be my father. The matter with Santee Oil is a business relationship with me and my brothers. My father has nothing to do with Pasley and Sons anymore. Unfortunately, my father and mother are no longer living together and there was a family problem there--but he has no affiliation with the business whatsoever. The judgment which you are speaking of is not related;to me whatsoever.
Q     Please excuse me, I don't mean in any way, to hold you in a poor light. Let me go a step further, are you aware of any action or pending action against you for any reason?
A     No.
Q     What is the promissory note for $11,000?
A     We have a business relationsHip. Santee Oil is our supplier of fuel. We recently--we have been with them about two years--I was with another oil company prior to that. We had some equipment that was purchased by the other oil company for us. We were going to buy them out at a certain point in time. We decided to go with Santee Oil because they made us a better profit margin to go with them. They bought out the lease. The $11,000 you are talking about is the cost of the equipment they are carrying for us. We will pay that off over a period of years.
Q     Has that been resolved to everyone's satisfaction?
A     I guess I am a little bit foggy. Are you saying that there is a rule against Pasley and Son because of that note?
Q     There is a promissory note?
A     Yes, there is a promissory note. We are still in business with Santee Oil and it is on the book that we are retiring it. I am not aware Or any legal notice that they have sent us--any action--this is an ongoing business relationship with them.
Q     It says here there is an account in the name of Pasley and Sons Variety Gas Account. What relationship is that to Santee Oil?

A     Santee Oil, they are our suppliers for fuel. We buy fuel from them.

Representative Blackwell: I move at this time to ask Mr. Pasley to remain in the room and that we go into Executive Session.

Senator Macaulay: That is provided for under our Code section for this particular screening panel and according to Mr. Blackwell's motion, seconded by Mr. Klapman. All those in favor of adjourning into executive session say Aye. Unanimous. Dr. Robards, please close the door. Thank you sir.

(Off the record.)

(Committee in Executive Session.)

(Committee reconvenes in Open Session.)

Senator Macaulay: Mr. Pasley do you have anything else you would like to offer?
A     I have a closing statement. I just like to say that I have enjoyed the service on the Health and Human Services Finance Commission. I think the legislation creating the Finance Commission is a good piece of legislation that provided for an agency to oversee the expenditures of monies to deal with health and human services in South Carolina to make sure the citizens received the most impact for the dollars allocated. I think the agency in its infancy has begun to address most of the charges that were mandated by the legislation. We have gone through growing pains with the agency and I think now we have risen to a plateau that will allow us to provide the kind of leadership to the citizens of South Carolina that they deserve. I believe continuity is extremely important and the responsibilities of the Commission are great and it takes a lot of time. Someone has to become familiar with the acronyms, the verbage around health care delivery in the State and the federal regulations, etc. There is a great learning curve that an individual has to go through. I have been through that curve and I think that the minutes and my time on the Commission will reflect that. I think I am most able to serve the citizens of the Sixth District and with that I hope that you will consider my candidacy.

REPRESENTATIVE WASHINGTON JOINS THE MEETING.

This Committee affirmatively finds Mr. James L. Pasley, Jr. qualified to offer as a candidate for the Health and Human Services Finance Commission from the Sixth District.

This Committee submits for consideration by the General Assembly letters requested by the Committee from The State Ethics Commission and the Attorney General's Office in regard to the qualifications of Mr. James L. Pasley, Jr. to offer as a candidate for the Health and Human Services Finance Commission from the Sixth Congressional District.

Section 44-6-10 of the 1976 Code, relating to the creation of the Health and Human Services Finance Commission, prohibits any person from being elected to the Commission who has a conflict of interest. The law states that "for the purposes of this chapter, a conflict of interest includes, but is not limited to, situations in which an individual's business interests or fiduciary obligations are affected by the Commission."

Senator Macaulay: Any further questions from the Committee? Thank you very much Mr. Pasley. We will go back into Executive Session and upon lifting the veil, the Committee will adjourn.

October 19, 1987
Mr. Gary R. Baker, Executive Director
State Ethics Commission
1122 Lady Street, Suite 930
Columbia, S.C. 29201

Dear Mr. Baker:

My name is James L. Pasley, Jr., I currently serve on the State Health and Human Services Finance Commission (HHSFC) as Commissioner from the Sixth Congressional District.

I am writing you to advise you that I have accepted employment as the Operation Manager with the Coastal Rapid Public Transit Authority, 1418 3rd Avenue, Conway, S.C. 29526.

The Coastal Rapid Public Transit Authority receives some Title XIX (Medicaid) transportation funds. These funds pass through the HHSFC to the Governor's Office. The Governor's Office through General Services issued competitive bids for these services, and my employer made a successful offer and expects to receive approximately $284,000.

My attorney has advised me that since these funds are awarded competitively through the State Procurement Code that no conflict of interest exists. However, I will refrain from voting on transportation issues that could have an impact on my employment.

If you need additional information, please contact me at the address shown or call me at 803/248-7277.

Thank you in advance for your assistance.

Sincerely,
James L. Pasley, Jr.
Commissioner
Sixth Congressional District

March 8, 1988
Senator Alex S. Macaulay
Chairman, Joint Legislative Screening Committee
305 Gressette Bldg. P.O. Box 142
Columbia, S.C. 29202

Dear Senator Macaulay:

I have decided to run for re-election to the Health and Human Services Finance Commission. My principal reason for declaring my candidacy is to contribute to the continuity of the Commission. As you know, Governor Campbell has just appointed a new Chairman for our Commission, Mr. William P. Simpson, and our new Executive Director is Dr. Andy Laurent. Both of these gentlemen should provide strong leadership for the Commission.

I feel that I have been able to make positive contributions to the Commission's actions, since there is almost always a medical dimension in the Medicaid, Medically Needy, Home Health Care and Social Services Block Grant Programs, as well as in the other smaller programs administered by the Commission. I am now fully retired and have no conflict or duality of interest with respect to any provider of services. Most importantly, I am concerned that those deserving South Carolinians who receive benefits from these aforementioned programs are treated equitably by a responsible agency like our Commission.

These past four years have been most difficult in view of the fact that this is still a relatively new State Agency that is trying to identify the best qualified staff to manage its administrative affairs, as well as to stay within State/Federal budgetary constraints. The need for better fiscal accountability and a more responsive understanding of the needs of our citizens are my most fundamental objectives. I feel that our recipients have been well served throughout the past four years, but we now need to stabilize the management situation.

I feel I can better work toward this end now that I have had four years of Commission experience. It takes a good two years to fully understand the complexity of the essentially Federally-matched programs which we are called upon to plan and administer. Also, we need to be assured that the recommendations of the Legislative Audit Council are being carefully reviewed and corrective action applied where appropriate.

Sincerely,
Robert E. Robards, M.D,

March 11, 1988
Senator Alex S. Macaulay
Chairman, Joint Legislative Screening Committee
305 Gressette Bldg.
P.O. Box 142
Columbia, S.C. 29202

Re: Public Hearing for Screening of Applicants State Health and Human Services Finance Commission

Dear Senator Macaulay:

Enclosed please find some brief remarks that I would like to give to the Screening Committee on Wednesday, March 16, 1988, commencing at 2:00 P.M. in Room 307 of the Gressette Building, Columbia.

Sincerely,
Gene Berry

March 16, 1988

Mr. Chairman and Members of the Screening Committee. I would like to give some additional information regarding my background.

My company specializes in residential real estate and property management in Greenville.

Currently, I am serving on several committees for the Greenville Board of REALTORS as follows:

Chairman of the Political Affairs Committee,

Member of the Professional Standards Committee,

Member of the Legislative Committee,

Member of the State Political Affairs Committee.

In 1987 I served as an officer on the Greenville Board of REALTORS, as a State Director on the State Professional Standards Committee and on the Service Committee which undertook several projects including raising money for Camp Happy Days (Camp for children with cancer), Safety in Songs (program distributed to all 1st graders), and raising money for a bus for intercity children's activities.

In 1986, I served as Chairman of the Grievance committee for the Greenville Board of REALTORS.

I am a member and Deacon at Shannon Forest Presbyterian Church and Co-Chairman of the School Board.

In closing, may I say that as a business owner I have gained experience in budgeting, planning and management that could help me be a useful member of the South Carolina Health and Human Services Finance Commission.

Thank you.

March 18, 1988
The Honorable Alexander Macaulay
Senator, State of South Carolina
Suite 612, Gressette Senate Office Bldg.
Columbia, S.C. 29202

Dear Senator Macaulay:

In reviewing our records, it was determined that Mr. James L. Pasley's October 19, 1987 letter to the State Ethics Commission was filed in accordance with our procedures for accepting voluntary filings of statements or documents. Since the letter advised us of Mr. Pasley's status and advice from his attorney and did not request an advisory opinion, the letter was filed without response.

The State Ethics Act generally allows public officeholders to conduct business with public agencies, including the one by which they are employed, provided the officeholder does not participate in the contracting process. I have enclosed a copy of a recent advisory opinion SEC 86-013, concerning the conduct of such business.

As to your specific question of a potential conflict of interests, an interpretation of Section 44-6-10 should be requested from the Opinions Section of the Attorney General's Office.

Sincerely,
Gary R. Baker,
Executive Director

SEC 86-013 July 10, 1985
SUBJECT:         BOARD OF VISITORS MEMBER CONTRACTING WITH THE CITADEL
SUMMARY:     A member of the Board of Visitors of The Citadel would not be prohibited from bidding on and performing a contract to provide renovation services to The Citadel, provided he takes no part in any matter affecting the contract.

QUESTION:

The Chairman of the Board of Visitors of The Citadel has requested an opinion concerning a member of the Board. The Board member is a contractor whose firm has bid on providing some exterior renovation services to all cadet barracks on The Citadel campus. The Board member has not participated in any discussions or votes concerning the bid award or contract. The Chairman questions whether this Board member's firm may properly bid on and be awarded the contract.

DISCUSSION:

This opinion is rendered in response to a letter dated July 9, 1985, requesting an opinion from the State Ethics Commission. The Commission's Jurisdiction is limited to the applicability of the State Ethics Act (Act No. 191 of 1975; Section 8-13-10 et seq., as amended, 1976 Code of Laws). This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation.

In prior advisory opinions, the State Ethics Commission has advised that a business with which a public official is associated may contract with governmental agencies provided the public official took no part in the bid award or decision and that the contract when required, was let through a process of public notice and competitive bidding.

The Consolidated Procurement Code (Act No. 148 of 1981) provides the procedure for the awarding of contracts. That Act further amended the State Ethics Act to repeal Section 8-13-480 which required such contract to be awarded through a public notice and competitive bidding procedure. The new Act did, however, add additional sections to the State Ethics Act which respond to such contracts between a public official's firm and public agencies.

Section 8-13-410 (2) (a) & (b) provides in part:
(2) No public official or public employee shall participate directly or indirectly in a procurement when he has knowledge or notice that:

(a) he or any business with which he is associated has a financial interest pertaining to the procurement;

(b) any other person, business, or organization with whom he or a member of his household is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

Thus, the public official is prohibited from participating in any procurement in which the business with which he is associated has a financial interest.

Section 8- 13-500 (3) provides:
It shall be a breach of ethical standards for a business, in which a public employee or public official has a financial interest, knowingly to act as a principal or as an agent for anyone other than the State or other governmental entity with which he is associated, in connection with any contract, claim or controversy, or any judicial proceeding in which the public employee or public official either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subJect of the official's or employee's official responsibility, where the State or governmental entity is a party or has a direct and substantial interest.

It is thus a violation of the State Ethics Act for a business with which a public official is associated to enter into a contract with the State where the public official took action or made decisions concerning the contract. Should the public official be required to take some action or make some financial decision which will affect the financial interests of a business with which he is associated, he is required to follow the procedures of Section 8-13-460 on that matter.

Any public official or public employee who, in the discharge of his official duties, would be required to take action or make a decision which would substantially affect directly his personal financial interest or those of a member of his household, or a business with which he is associated, shall instead take the following actions:

(a) Prepare a written statement describing the matter requiring action or decisions, and the nature of his potential conflict of interest with respect to such action or decision.

(c) If he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by the State Ethics Commission. If the public official is a member of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision, he shall furnish a copy to the presiding officer and to the members of that governing body, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.

The public official's firm may bid and perform a contract with governmental agencies, however, the public official is required to disqualify himself from any actions concerning such contracts in his official capacity.

The State Ethics Commission also calls attention to Section 8-13-440 which provides as follows:
No public official or public employee shall use or disclose confidential information gained in the course or by reason of his official position or activities in any way that would result in financial gain for himself or for any other person.

Thus, a public official is cautioned against utilizing confidential information, or information not generally available to the public or to other bidders.

March 23, 1988
The Honorable Alexander S. Macaulay
Member, S.C. Senate
Suite 612, Gressette Senate Office Bldg.
Columbia, S.C. 29202

Dear Senator Macaulay:

In a letter to this Office you indicated that Mr. James L. Pasley is seeking election to a new term on the State Health and Human Services Finance Commission (hereafter the Commission). A question has been raised regarding such election in light of the provisions of Section 44-6-10 of the Code which state in part:
(n)o person may be elected who has a conflict of interest... For the purpose of this chapter, a conflict of interest includes, but is not limited to, situations in which an individual's business interests or fiduciary obligations are affected by the decisions of the Commission...

In a letter from Mr. Pasley to the State Ethics Commission, which was attached to your letter requesting the opinion, Mr. Pasley states:
I am writing you to advise you that I have accepted employment as the Operation Manager with the Coastal Rapid Public Transit Authority, 1418 3rd Avenue, Conway, S.C. 29526.

The Coastal Rapid Public Transit Authority receives some Title XIX (Medicaid) transportation funds. These funds pass through the HHSFC to the Governor's Office. The Governor's Office through General Services issued competitive bids for these services, and my employer made a successful offer and expects to receive approximately $284,000.

In his letter, Mr. Pasley notes that the referenced Title XIX transportation funds are awarded competitively consistent with the State Procurement Code. He also notes that he will refrain from voting on transportation issues that could impact on his employment. However, this Office has not been able to more fully develop the role of the Commission in regards to the receipt of the funds by Mr. Pasley's employer due to the urgency of the request for an opinion on this matter.

As referenced above, Section 44-6-10 prohibits the election to the Commission of an individual "who has a conflict of interest." A conflict of interest "includes...situations in which an individual's business interests...are affected by the decisions of the Commission." Such a standard appears to be more rigorous than the standard established by the State Ethics Act, Sections 8-13-10 et seq. of the Code. Pursuant to Section 8-13-460, a public official is authorized to take steps to excuse himself from votes, deliberations and other actions on matters where there is a potential conflict of interest which would "substantially affect directly" the interests of a business with which the public official is associated. There is no similar provision for removal of a member of the Commission. Instead, as stated, an individual with a conflict of interest is prohibited from being elected to the Commission; a conflict of interest includes situations where an individual's business interests are affected by Commission decisions.

The term "business interests" is not further defined. However, as referenced in a prior opinion,of this Office dated April 17, 1985
...(t)he term "business" is commonly used "in connection with an occupation for livelihood or profit"..."a pursuit or occupation of a commercial or mercantile nature to obtain a livelihood"...

The opinion dealt with the construction of Section 43-1-25 which prohibits a member of the State Board of Social Services from having"...any interest in any business which contracts with the Department of Social Services to provide services." Construing the phrase "any business," the opinion resolved that "... all pursuits or occupations in which one earns a livelihood or profit would be included within the phrase..."

Also, the definition of "business with which he is associated" as found in the State Ethics Act may be useful. Section 8-13-20(b) defines such term as "...any business of which the person... is a director, officer, owner, employee or holder of a stock worth ten thousand dollars or more at fair market value, and any business which is a client of the person." (emphasis added) Arguably, therefore, the term "an individual's business interests, could include a business which employs that individual.

Mr. Pasley has described the recent receipt of Title XIX transportation funds by his employer. As described by him, the Title XIX funds "pass through" the Commission to the Governor's Office which, through the Division of General Services, awards these funds based on competitive bids. This Office has not been advised precisely on what discretion, if any, the Commission exercises with regard to these Title XIX funds. Arguably, if the Commission serves as a mere conduit of such funds there may not be any basis for an allegation of conflict of interest. However, such a resolution may not be in order if the Commission exercises any discretion with regard to such funds or makes any decisions which may ultimately impact on the receipt of such funds by a beneficiary. The duties of the Commission as set forth in Section 44-6-30 et seq. of the Code do not specify exactly what the duties of the Commission would be with regard to funds such as those received by Mr. Pasley's employer. However, Section 44-6-30(1) does state that the Commission shall "...(a) administer Title XIX of the Social Security Act..."

As stated, this Office cannot in an opinion at this time absolutely determine whether a conflict of interest exists which would prevent Mr. Pasley's election to the Commission. A detailed explanation of the duties of the Commission in regard to funds such as those received by Mr. Pasley's employer would have to be provided in order to accurately make such a determination.

If there is anything further, please advise.

Sincerely,
Charles H. Richardson
Assistant Attorney General

REVIEWED and APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

Received as information.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 235 -- Senators Mitchell, Giese, Lourie, Patterson, Fielding and Matthews: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION AND TO PRESCRIBE ITS POWERS AND DUTIES.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 505 -- Senators Lee, Peeler and Thomas: A BILL TO AMEND SECTION 12-51-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO ANY SUBSEQUENT GRANTEE OF THE PROPERTY OWNER.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1002 -- Senator Macaulay: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY ACQUIRED BY CHARITABLE ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1008 -- Senator Drummond: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3460 -- Rep. Petty: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO INCREASE THE FEE FOR AN APPRENTICE AUCTIONEER LICENSE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways. and Means, submitted a favorable report, on:

H. 3493 -- Reps. Edwards, Felder and Winstead: A BILL TO AMEND SECTION 59-53-51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATIONAL AND FINANCIAL ACCOUNTABILITY FOR THE OPERATION OF TECHNICAL EDUCATION INSTITUTIONS, SO AS TO PROVIDE THAT LOCALLY APPROPRIATED COUNTY FUNDS ALSO ARE CONSIDERED LOCAL FUNDS OF THE INSTITUTION AND TO PROVIDE THAT LOCAL FUNDS OF AN INSTITUTION MUST BE RETAINED AND EXPENDED LOCALLY UNDER GUIDELINES OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND TO AMEND SECTION 59-53-53, RELATING TO BORROWING BY AREA COMMISSIONS, SO AS TO PROVIDE THAT AN AREA COMMISSION MAY ISSUE COVENANTS, ENTER INTO MORTGAGES, AND GRANT LIENS LIMITING THE SALE OR USE OF CERTAIN PARCELS OF REAL OR PERSONAL PROPERTY IN ITS POSSESSION WHEN REQUIRED AS A CONDITION OF ACCEPTING A GRANT, LOAN, OR DONATION FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3686 -- Reps. Carnell, Townsend, Hearn, Lockemy, Baker, Blackwell, G. Brown, McAbee, Beasley,.Pearce, Day, Holt, Foxworth, Sheheen, Elliott, Cooper, Felder, Snow, Waldrop, Altman, Moss, McKay, M.D. Burriss, T.M. Burriss, White, McGinnis, O. Phillips, H. Brown, M.O. Alexander, Stoddard, Rhoad, Mattos, Arthur, Barfield, Limehouse, D. Martin, Washington, Dangerfield and J.W. Johnson: A BILL TO AMEND SECTION 8-21-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ANY STATE AGENCY SETTING A FEE FOR PERFORMING ANY DUTY, RESPONSIBILITY, OR FUNCTION, UNLESS THE FEE IS AUTHORIZED BY STATUTORY LAW, SO AS TO PROVIDE THAT THIS PROHIBITION ALSO APPLIES TO INCREASES IN EXISTING FEES.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3701 -- Reps. Winstead and Edwards: A BILL TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP WHICH SHALL PROVIDE EQUITY FINANCING TO NEW BUSINESSES OPERATING IN SOUTH CAROLINA OR WHICH PROPOSE TO OPERATE IN SOUTH CAROLINA, THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP BEING PRIVATE, FOR-PROFIT ENTITIES CAPITALIZED BY INVESTORS FROM THE PRIVATE SECTOR WHICH WILL INVEST PREDOMINANTLY IN START-UP BUSINESSES.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3703 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTES AND BONDS ISSUED BY THE STATE HOUSING AUTHORITY, SO AS TO MODIFY THE REQUIREMENTS FOR THE ISSUANCE OF NOTES AND BONDS TO OBTAIN FUNDS TO MAKE PERMANENT MORTGAGE LOANS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1274 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIFTEEN TO TWENTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1275 -- Senator Waddell: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3890 -- Reps. Edwards, Taylor, Keyserling, Cork and M.D. Burriss: A BILL TO PROVIDE THAT PRIOR TO AUTHORIZATION OF THE EXPENDITURE OF ANY OIL OVERCHARGE REFUND MONIES PURSUANT TO CERTAIN PROVISIONS OF LAW, THE JOINT LEGISLATIVE COMMITTEE ON ENERGY SHALL REVIEW AND MAKE A RECOMMENDATION AS TO THE APPROVAL AND ADOPTION OF THIS STATE'S ENERGY POLICY AND THE SPECIFIC USES FOR PROPOSED ENERGY CONSERVATION PROGRAMS, PROVIDE THAT THE USE OF THE FUNDS BE WITHIN CERTAIN RESTRICTIONS, GRANT THE COMMITTEE CONTINUOUS ENERGY PROGRAM OVERSIGHT REGARDING THE ACTUAL EXPENDITURE AND USE OF THE OIL OVERCHARGE FUNDS, PROVIDE FOR CERTAIN EVALUATION, PROVIDE FOR THE REPORTING OF CERTAIN COST SAVINGS, PROVIDE FOR THE DEPOSIT OF THESE FUNDS AND THEIR DISBURSEMENT, AND REQUIRE THE STATE AUDITOR TO CONDUCT AN ANNUAL FINANCIAL COMPLIANCE AUDIT.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3473 -- Rep. Elliott: 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 A LEGAL RESIDENCE OR AGRICULTURAL REAL PROPERTY IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE CLASSIFICATION OF THE PROPERTY CHANGES, TO REQUIRE NOTIFICATION TO THE ASSESSOR WITHIN SIX MONTHS WHEN PROPERTY USE CHANGES, AND TO ESTABLISH MINIMUM AND MAXIMUM PENALTIES FOR FAILING TO NOTIFY THE ASSESSOR IN A TIMELY MANNER.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 2785 -- Reps. Fair, Corning and Waldrop: A BILL TO AMEND ARTICLE 1 OF CHAPTER 19 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TRUSTEES AND GENERAL PROVISIONS, BY ADDING SECTION 59-19-91 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO CHARGE REASONABLE MATRICULATION AND INCIDENTAL FEES, INCLUDING SCHOOL MATERIALS, SCHOOL EQUIPMENT, SCHOOL SERVICES, AND RELATED SCHOOL USER FEES, TO THE STUDENTS OF ITS DISTRICT, INCLUDING ALSO FEES OR RENTAL CHARGES FOR THE USE OF BOOKS OTHER THAN BASAL TEXTBOOKS, AND TO PROVIDE THAT THE FEES OR CHARGES AUTHORIZED BY THIS SECTION ARE SUBJECT TO CERTAIN CONDITIONS, INCLUDING THE PROVISION THAT STUDENTS WHO DEMONSTRATE, OR WHOSE PARENTS OR LEGAL GUARDIANS DEMONSTRATE, A FINANCIAL INABILITY TO PAY THE FEES OR CHARGES ARE EXEMPTED FROM THE PAYMENT THEREOF; AND TO REPEAL ITEM (8) OF SECTION 59-19-90 RELATING TO THE POWER OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS WHEN ALLOWED BY ANY SPECIAL ACT OF THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 532 -- Education Committee: A BILL TO AMEND SECTIONS 59-113-10, 59-113-20, 59-113-30, AND 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION GRANTS, SO AS TO CHANGE THE NAME OF THE HIGHER EDUCATION TUITION GRANT COMMITTEE TO HIGHER EDUCATION TUITION GRANT COMMISSION, PROVIDE THAT THE COMMISSION IS RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND SHALL REPORT TO THE GENERAL ASSEMBLY AT LEAST ANNUALLY, CHANGE THE QUALIFICATIONS FOR A TUITION GRANT SO AS TO ALLOW A PERSON WHO IS ENROLLED IN A COURSE OF STUDY LEADING TO A DEGREE IN RELIGIOUS EDUCATION TO RECEIVE A TUITION GRANT, PROVIDE FOR WHAT THE MAXIMUM AMOUNT UNDER CHAPTER 113 OF TITLE 59 MAY NOT EXCEED, AND PROVIDE A NEW DEFINITION OF AN "INDEPENDENT INSTITUTION OF HIGHER LEARNING" FOR THE PURPOSES OF THAT CHAPTER.

Ordered for consideration tomorrow.

Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 2932 -- Rep. McLellan: A BILL TO AMEND SECTION 59-112-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA DOMICILE DEFINED FOR THE PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO PROVIDE FOR DOMICILIARY STATUS IF A DEPENDENT'S PARENT PAYING CHILD SUPPORT AND RESPONSIBLE UNDER COURT ORDER FOR THE COST OF THE DEPENDENT'S COLLEGE EDUCATION AT A STATE-SUPPORTED INSTITUTION REMAINS DOMICILED IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

The following was introduced:

H. 4028 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MR. EARL RANKIN, PRINCIPAL OF DENT MIDDLE SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON RECEIVING AN R.L. BRYAN OUTSTANDING SCHOOL ADMINISTRATOR AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.

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

The Senate sent to the House the following:

S. 1350 -- Senator Garrison: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT H.R. 3907, WHICH REPEALS PROVISIONS OF THE TAX REFORM ACT OF 1986 CONCERNING CAPITALIZATION REQUIREMENTS FOR RAISING LIVESTOCK WITH A PREPRODUCTION PERIOD OF TWO YEARS OR MORE.

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

The Senate sent to the House the following:

S. 1351 -- Senators J. Verne Smith, Bryan, Stilwell, Thomas and Mitchell: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF APRIL 2-9, 1988, AS COMMUNITY DEVELOPMENT WEEK IN SOUTH CAROLINA AND TO CONGRATULATE THE GREENVILLE COUNTY REDEVELOPMENT AUTHORITY FOR THE SUCCESS OF THE COMMUNITY DEVELOPMENT PROGRAM FOR THAT COUNTY AND ITS INCORPORATED MUNICIPALITIES OF FOUNTAIN INN, SIMPSONVILLE, MAULDIN, CITY VIEW, GREER, AND TRAVELERS REST.

Whereas, the County of Greenville, acting through the Greenville County Redevelopment Authority, and the municipalities of Fountain Inn, Simpsonville, Mauldin, City View, Greer, and Travelers Rest entered into a cooperative agreement in 1976 enabling Greenville County to be designated an urban county by the United States Department of Housing and Urban Development; and

Whereas, the designation enabled the Greenville County Redevelopment Authority to receive and administer community development block grant funds and programs for the last twelve years; and

Whereas, those programs have substantially improved the quality of housing and public services for thousands of citizens in Greenville County and the participating municipalities; and

Whereas, the week of April 2-9, 1988, has been designated National Community Development Week in honor of the accomplishments of the community development block grant programs throughout the United States; and

Whereas, the General Assembly wishes to add its recognition to this appropriate celebration of a truly outstanding program which has enriched the lives of so many low and moderate income families. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate the week of April 2-9, 1988, as Community Development Week in South Carolina and congratulate the Greenville County Redevelopment Authority for the success of the community development program in that county and its incorporated municipalities of Fountain Inn, Simpsonville, Mauldin, City View, Greer, and Travelers Rest.

Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Greenville County Council.

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

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

H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM.

Referred to Committee on Labor, Commerce and Industry.

H. 4030 -- Reps. Koon, Aydlette, Klapman, G. Bailey, Holt, Jones and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-120 SO AS TO PROVIDE THAT BEFORE ANY LAND WHICH HAS BEEN DONATED TO THE STATE MAY BE SOLD TO ANY PERSON IT MUST BE OFFERED FIRST TO THE COUNTY IN WHICH IT IS LOCATED, THEN TO THE MUNICIPALITY IF IT IS WITHIN A MUNICIPALITY, AND, IF NOT ACCEPTED BY EITHER, THEN TO EACH DESCENDENT NOT MORE THAN TWO GENERATIONS REMOVED FROM THE DONOR, AND, IF NOT ACCEPTED BY ANY OF THESE, IT MAY BE SOLD IN THE DISCRETION OF THE BUDGET AND CONTROL BOARD.

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

H. 4031 -- Reps. Koon, Klapman, Bennett, Hearn, G. Bailey and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-445 SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO ANY ESTABLISHMENT TO SELL BEER OR WINE FOR ON-PREMISE CONSUMPTION OR ALCOHOLIC BEVERAGES AT RETAIL WITHIN FOUR MILES OF A CHURCH, SCHOOL, PLAYGROUND, OR COMMUNITY CENTER UPON PETITION OF THE GOVERNING BODY OF ANY THREE OF SUCH ENTITIES WHEN THE ESTABLISHMENT IS LOCATED WITHIN THREE MILES OF AN INCORPORATED MUNICIPALITY.

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

H. 4032 -- Reps. P. Bradley, H. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Corning, Davenport, Elliott, Fair, Foxworth, Holt, Harvin, Haskins, Hearn, Humphries, Koon, Mappus, L. Martin, Pettigrew, Sharpe, Simpson, Snow, Thrailkill and Wells: A BILL TO ENACT THE "AUTOMOBILE INSURANCE AFFORDABILITY ACT OF 1988"; TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF-LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO CHANGE THE DEFINITION OF "DAMAGES" BY DELETING THE INCLUSION OF PUNITIVE DAMAGES AND PROVIDING THAT IN THE CASE OF LIABILITY COVERAGE UNDER SECTION 38-77-140, "DAMAGES" INCLUDES BOTH ACTUAL AND PUNITIVE DAMAGES WHERE THE INSURED'S LIABILITY IS SOLELY VICARIOUS AND RESULTS FROM THE RECKLESS, WILFUL, OR WANTON ACTS OF ANOTHER; TO AMEND ARTICLE 3, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE COVERAGE, BY ADDING SECTION 38-77-350 SO AS TO PROVIDE FOR THE DEDUCTION FROM VERDICTS RENDERED OF THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM ANY COLLATERAL SOURCE, AND TO PROHIBIT CLAIMING, DEMANDING, OR PAYING FOR ANY ITEM OF DAMAGES TO THE EXTENT THAT THE CLAIMANT HAS ALREADY RECEIVED REIMBURSEMENT FOR THAT ITEM AS A RESULT OF A COLLATERAL SOURCE PAYMENT AS DEFINED IN THIS SECTION; TO AMEND SECTION 38-77-290(d) AND (f), RELATING TO AUTOMOBILE INSURANCE COVERAGE, THE REDUCTION OF CERTAIN BENEFITS, AND THE RIGHT TO CLAIM AND SUE FOR DAMAGES, SO AS TO PROVIDE THAT BENEFITS PAYABLE UNDER THE COVERAGES PROVIDED IN SECTION 38-77-240 AND SECTION 38-77-250 MUST BE REDUCED TO THE EXTENT THAT THE RECIPIENT HAS RECOVERED BENEFITS FROM ANY COLLATERAL SOURCE, TO DEFINE "COLLATERAL SOURCES", AND TO PROVIDE FOR THE DEDUCTION OF CERTAIN BENEFITS FROM ANY TORT RECOVERY, SETTLEMENT, OR JUDGMENT FOR BODILY INJURY AS PROVIDED IN SECTION 38-77-260; TO AMEND SECTION 38-77-260, RELATING TO AUTOMOBILE INSURANCE COVERAGE, GENERAL RELEASE, ASSIGNMENT OF CLAIMS, PORTION OF RECOVERY HELD IN TRUST FOR INSURER, AND INSURER'S RIGHTS OF REIMBURSEMENT, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT A CLAIMANT HAS NO RIGHT TO RECOVER AGAINST ANY PERSON ANY DAMAGES FOR WHICH PERSONAL INJURY BENEFITS ARE PAID OR PAYABLE UNDER SECTIONS 38-77-240 AND 38-77-250, ALLOW THE CLAIMANT TO PLEAD AND PROVE ALL OF HIS SPECIAL DAMAGES FOR WHICH HE HAS RECEIVED REIMBURSEMENT, PROVIDE THAT IF THESE SPECIaL DAMAGES ARE INTRODUCED INTO EVIDENCE, THE TRIER OF FACTS MAY NOT AWARD DAMAGES FOR WHICH PERSONAL INJURY BENEFITS ARE PAID OR PAYABLE, REQUIRE THE COURT, IN CERTAIN CASES, TO INSTRUCT THE JURY TO REDUCE ITS VERDICT BY THE AMOUNT OF THE PERSONAL INJURY BENEFITS PAID OR PAYABLE, AND PROVIDE FOR THE REDUCTION OF CERTAIN VOLUNTARY SETTLEMENTS; TO AMEND SECTION 56-9-330, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FURNISH ABSTRACTS OF MOTOR VEHICLE OPERATING RECORDS AND THE PROVISION THAT ABSTRACTS ARE INADMISSIBLE AS EVIDENCE, SO AS TO PROVIDE THAT THE STATED FEE OF FOUR DOLLARS IS FOR INDIVIDUAL COPIES, TO PROVIDE FOR A FEE OF TWO DOLLARS PER RECORD WHEN ORDERED BY AN INSURANCE COMPANY UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE THE DEPARTMENTS UNDER CERTAIN CONDITIONS, TO FURNISH A MONTHLY LISTING BY MAGNETIC OR OTHER MEDIA OF ALL DRIVER'S LICENSE NUMBERS THAT HAD DRIVING VIOLATIONS POSTED DURING THE PREVIOUS MONTH; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION UNDER THE AUTOMOBILE INSURANCE LAWS AND TO DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE COVERAGE REQUIRED UNDER THIS SECTION IS NOT APPLICABLE WHEN, OR TO THE EXTENT THAT, ANY INSURED NAMED IN THE POLICY REJECTS THE COVERAGE IN WRITING, REQUIRE THE INSURER TO NOTIFY THE NAMED INSURED AT LEAST ANNUALLY OF HIS OPTIONS AS TO THE COVERAGE REQUIRED BY THIS SECTION, REQUIRE AUTOMOBILE INSURERS TO OFFER, AT THE OPTION OF THE INSURED, CERTAIN HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT INSURERS MAY OFFER NON-STACKABLE POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING POLICY PROVISIONS ESTABLISHING THAT, IF THE INSURED ACCEPTS THIS OFFER, THE COVERAGE PROVIDED AS TO TWO OR MORE MOTOR VEHICLES UNDER THE SAME OR DIFFERENT POLICIES MAY NOT BE ADDED TOGETHER, COMBINED, OR STACKED TO DETERMINE THE LIMIT OF INSURANCE COVERAGE AVAILABLE TO AN INJURED PERSON FOR ANY ONE ACCIDENT, WITH A CERTAIN EXCEPTION, AND ADD VARIOUS NEW PROVISIONS GOVERNING UNINSURED MOTORIST COVERAGE IN THE STATE; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, REQUIRE AUTOMOBILE INSURERS TO OFFER IN THE SAME MANNER AS DESCRIBED IN SECTION 38-77-150(B) UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE FOR THE MAXIMUM LIABILITY OF THE INSURER UNDER THE UNDERINSURED MOTORIST COVERAGE PROVIDED, PROVIDE THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION, PROVIDE THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION OR LIABILITY PROVISION OF THE SAME POLICY WHICH INCLUDES THE UNDERINSURED MOTORIST PROVISION, PROHIBIT THE ADDING TOGETHER, COMBINING, OR STACKING OF THE LIMIT OF LIABILITY FOR UNDERINSURED MOTORIST COVERAGE FOR TWO OR MORE VEHICLES INSURED UNDER THE SAME OR DIFFERENT POLICIES FOR CERTAIN PURPOSES, PROVIDE THAT IF AN INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE UNDER MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT EXCEED THE HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE POLICY, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE NOT SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-240, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE COVERAGE, MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS, SO AS TO DELETE CERTAIN CODE REFERENCES AND LANGUAGE, TO PROVIDE THAT WHEN THE NAMED INSURED OR APPLICANT HAS INITIALLY SELECTED OR REJECTED THE PRESCRIBED COVERAGES, THE SELECTION OR REJECTION APPLIES TO ANY POLICY WHICH RENEWS, EXTENDS, CHANGES, SUPERSEDES, REINSTATES, OR REPLACES AN EXISTING POLICY EXCEPT UNDER CERTAIN CONDITIONS, AND TO INCLUDE FUNERAL HOMES AMONG THE LIST OF PERSONS OR ENTITIES TO WHOM ASSIGNMENT OF BENEFITS PAYABLE PURSUANT TO THIS SECTION MAY BE MADE; TO AMEND SECTION 38-77-210, RELATING TO THE PROVISIONS TO THE EFFECT THAT THE UNINSURED MOTORIST PROVISION NEED NOT INSURE ANY LIABILITY FOR PROPERTY DAMAGES FOR WHICH LOSS A POLICYHOLDER HAS BEEN COMPENSATED BY INSURANCE OR OTHERWISE, SO AS TO DELETE THOSE PROVISIONS, TO PROVIDE THAT THE BASIC AND ANY ADDITIONAL UNINSURED MOTORIST COVERAGE, AS WELL AS THE UNDERINSURED MOTORIST COVERAGE, IS OVER AND ABOVE, BUT MAY NOT DUPLICATE, THE BENEFITS AVAILABLE TO AN INSURED UNDER CERTAIN LAWS, CONTRACTS, OR PLANS, AND TO PROVIDE FOR WHAT SUCH COVERAGE SHALL COVER; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE.LAWS, AND GENERAL REQUIREMENTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO POLICY WHICH INCLUDES COVERAGE CONTAINING CERTAIN HIGHER LIMITS MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-250, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT POLICY APPLICATIONS OFFER TO THE NAMED INSURED BENEFITS WITH ALTERNATIVE BENEFIT LEVELS, SO AS TO REQUIRE THE BENEFITS TO BE OFFERED ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-77-290(a), RELATING TO AUTOMOBILE INSURANCE AND RECOVERY UNDER ONE POLICY, BENEFITS PAYABLE FOR INJURIES TO OCCUPANTS AND PEDESTRIANS, EFFECT OF WORKERS' COMPENSATION BENEFITS, AND THE RIGHT TO SUE, SO AS TO PROVIDE THAT NO PERSON MAY RECOVER BENEFITS UNDER THE COVERAGES REQUIRED TO BE OFFERED IN EITHER SECTION 38-77-240 OR SECTION 38-77-250 FROM MORE THAN ONE POLICY OR INSURER ON EITHER AS DUPLICATE OR SUPPLEMENTAL BASIS; TO AMEND SECTION 38-77-110, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, MAKE IT A VIOLATION OF THIS SECTION, AS WELL AS AN UNFAIR TRADE PRACTICE AS DESCRIBED IN SECTIONS 38-57-30 AND 38-57-40, FOR AN INSURER OR AN AGENT OF AN INSURER TO DO CERTAIN ACTS, REQUIRE EACH AUTOMOBILE INSURER TO OFFER OPTIONAL "FINANCIAL RESPONSIBILITY ONLY" POLICIES, PROVIDE THAT EVERY PREMIUM NOTICE FOR EVERY COMPLETED APPLICATION OR RENEWAL WHICH CONTAINS COVERAGE OR LIMITS IN EXCESS OF THE "FINANCIAL RESPONSIBILITY ONLY" POLICY SHALL PROMINENTLY STATE THE TOTAL PREMIUM WHICH WOULD HAVE BEEN CHARGED IF THE POLICY HAD BEEN A "FINANCIAL RESPONSIBILITY ONLY" POLICY, AND PROVIDE THAT IF THE INSURED HAS PURCHASED COVERAGE IN EXCESS OF THE MINIMUM POLICY LIMITS, THE INSURER MAY CANCEL THE EXCESS LIMITS; TO AMEND SECTION 38-77-115, RELATING TO AUTOMOBILE INSURANCE AND THE SIGN REQUIRED IN AN AGENT'S OFFICE OR PLACE OF BUSINESS, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION WHICH MUST BE INCLUDED ON THE SIGN; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE THAT AN APPLICANT OR CURRENT POLICYHOLDER SEEKING INSURANCE MUST BE WRITTEN AT THE BASE RATE UNLESS, AMONG OTHER THINGS, THE NAMED INSURED OR ANY OPERATOR WHO IS NOT EXCLUDED IN ACCORDANCE WITH CERTAIN PROVISIONS OF LAW AND WHO RESIDES IN THE SAME HOUSEHOLD OR CUSTOMARILY OPERATES AN AUTOMOBILE INSURED UNDER THE SAME POLICY INDIVIDUALLY HAS, FOR THIRTY OR MORE DAYS WITHIN THE SIX MONTHS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, OWNED OR OPERATED THE AUTOMOBILE TO BE INSURED, OR THE ONE IT REPLACES, WITHOUT LIABILITY COVERAGE IN VIOLATION OF THE LAWS OF THIS STATE; TO AMEND SECTION 38-73-735, RELATING TO THE STATE RATING AND STATISTICAL DIVISION WITHIN THE DEPARTMENT OF INSURANCE AND PLANS FOR CREDITS OR DISCOUNTS, SO AS TO PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY UNLESS THE CREDIT OR DISCOUNT IS GIVEN SOLELY FOR USE OF VEHICLE ANTI-THEFT OR SAFETY DEVICES; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND LICENSE PLATES, SO AS TO, AMONG OTHER THINGS, ALLOW AN INSURER TO GIVE NOTICE BY MAGNETIC MEDIA, WHEN A MOTOR VEHICLE IS OR BECOMES AN UNINSURED MOTOR VEHICLE, OF CANCELLATION OR REFUSAL TO RENEW INSURANCE, PROVIDE THAT THE INSURER NEED NOT PROVIDE NOTICE OF THE CANCELLATION OF EXCESS LIMITS ONLY, ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATIVE METHODS OF PROVIDING NOTICE OF CANCELLATION OR REFUSAL TO RENEW TO THE DEPARTMENT, CHANGE THE AMOUNT OF THE REINSTATEMENT FEE FROM TWENTY-FIVE DOLLARS TO SEVENTY-FIVE DOLLARS CONDITIONALLY, OR, OTHERWISE, TO TWO HUNDRED DOLLARS, AND CHANGE THE MONETARY PENALTY FOR WILFULLY FAILING TO RETURN MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES AS REQUIRED IN THIS SECTION FROM ONE HUNDRED TO TWO HUNDRED DOLLARS; TO PROVIDE THAT THIS ACT MAY NOT BE CONSTRUED TO REQUIRE THAT A NEW OFFER OF UNINSURED OR UNDERINSURED MOTORIST COVERAGE BE MADE ON ANY INSURANCE POLICY WHICH RENEWS, EXTENDS, CHANGES, SUPERSEDES, OR REPLACES AN EXISTING POLICY IF WRITTEN BY THE SAME INSURER; TO PROVIDE THAT FIRST RENEWAL NOTICES FOR EXISTING POLICIES AFTER THE EFFECTIVE DATE OF THIS ACT SHALL INCLUDE WRITTEN EXPLANATION OF COVERAGE AND OFFER AS PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE THAT NO UNINSURED OR UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN THIS STATE BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE; TO PROVIDE THAT IN ALL CIVIL ACTIONS ANY PUNITIVE DAMAGES RECOVERED MUST BE PAID INTO THE STATE'S GENERAL FUND, WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT DO NOT GRANT THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS THE RIGHT TO RECOVER PUNITIVE DAMAGES AND THAT THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS MAY NOT BE A PARTY TO ANY ACTION IN WHICH PUNITIVE DAMAGES ARE SOUGHT; TO PROVIDE THAT THE STATE HAS A RIGHT TO AN ACTION TO COLLECT PUNITIVE DAMAGES AFTER THEY ARE DETERMINED PAYABLE BY THE JUDGMENT OF A COURT OF RECORD; TO PROVIDE THAT THE STATE MAY SEEK PUNITIVE DAMAGES IN ITS OWN RIGHT WHERE AUTHORIZED BY LAW; TO AMEND SECTION 38-77-600, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO REQUIRE EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DISPLAY PROMINENTLY IN BOLD TYPE THE TOTAL ADJUSTED NET FACILITY OPERATING LOSS, AS WELL AS THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER; AND TO AMEND SECTION 38-77-310, RELATING TO AUTOMOBILE INSURANCE, PERSONS EXCLUDED FROM CERTAIN BENEFITS, AND BENEFITS WITH RESPECT TO MOTORCYCLES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING MOTORCYCLES, AND TO PROVIDE THAT THE COVERAGES UNDER SECTION 38-77-240 MAY EXCLUDE FROM BENEFITS ANY PERSON OTHERWISE INSURED UNDER THE POLICY WHO IS INJURED WHILE OPERATING OR OCCUPYING A MOTORCYCLE.

Referred to Committee on Labor, Commerce and Industry.

H. 4033 -- Reps. Lanford, O. Phillips, Cole and Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA RETIREMENT SYSTEM MAY DEDUCT AND PAY TO A CREDITOR OF A NOMINEE OF A DECEASED MEMBER OF THE SYSTEM AMOUNTS REQUESTED TO BE PAID BY THE NOMINEE UPON RECEIPT OF A PROPERLY EXECUTED, WITNESSED, AND NOTARIZED REQUEST FORM.

Referred to Committee on Ways and Means.

H. 4034 -- Rep. Pearce: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16, ARTICLE 1, TO PROVIDE FOR THE AQUACULTURE OF RECIPROCAL HYBRID STRIPED BASS, TO AUTHORIZE THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ISSUE PERMITS FOR HYBRID STRIPED BASS AQUACULTURE OPERATIONS, TO PROVIDE REQUIREMENTS FOR THE SALE, POSSESSION, IDENTIFICATION, AND TRANSPORTATION OF THESE FISH, TO PROVIDE AUTHORIZATION FOR THE PROMULGATION OF REGULATIONS TO CARRY OUT THE PURPOSES OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 4035 -- Rep. Sharpe: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Referred to Committee on Agriculture and Natural Resources.

The following was introduced:

H. 4036 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MR. RICHARD C. INABINET, PRINCIPAL OF KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON BEING NAMED OUTSTANDING YOUNG EDUCATOR OF THE YEAR BY THE COLUMBIA JAYCEES AND JAYCEE WOMEN.

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

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

H. 3788 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 13, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP COLLEGE, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1988.

The following Concurrent Resolution was taken up for immediate consideration.

H. 3788 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 11:00 A.M. ON WEDNESDAY, APRIL 13, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF VISITORS OF THE CITADEL AND MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE COLLEGE, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP COLLEGE, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1988.

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

That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 11:00 a.m. on Wednesday, April 13, 1988, for the purpose of electing members of the Board of Visitors of The Citadel and members of the boards of trustees of Clemson University, the Medical University of South Carolina, South Carolina State College, the University of South Carolina, Winthrop College, and the Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1988.

The Rules Committee proposed the following Amendment No. 1 (Doc. No. 2138J), which was adopted.

Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting:

/That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 11:00 a.m. on Wednesday, April 13, 1988, for the purpose of electing members of the Board of Visitors of The Citadel, the Medical University of South Carolina, South Carolina State College, the University of South Carolina, and the Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1988, and to fill the vacancies for the unexpired terms ending on June 30, 1990, one for the Clemson University Board of Trustees and one for Winthrop College Board of Trustees./

Amend title to conform.

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

The roll call of 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.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cole
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Ferguson               Foster                 Gilbert
Gordon                 Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Lanford
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Simpson
Snow                   Stoddard               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 24, 1988.

Jack Gregory                      C. Lenoir Sturkie
E. Foxworth                       Paul Short
Larry Koon                        John Felder
Larry Gentry                      Robert Kohn

Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 15, 1988.

Reps. FERGUSON and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 23, 1988.

The SPEAKER granted Rep. J.H. BURRISS a leave of absence for the day.

Reps. J. ROGERS, ARTHUR, McEACHIN and GENTRY were granted a Leave of the House due to a Judicial Screening Committee meeting.

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

S. 1313 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO PROVIDE A METHOD FOR FILLING A VACANCY ON THE BOARD WHEN IT OCCURS LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE NEXT GENERAL ELECTION.

S. 239 -- Senator Long: A BILL TO AMEND SECTION 7-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CONVENTIONS OF POLITICAL PARTIES, SO AS TO PERMIT THE CONVENTION TO BE HELD IN ANY LOCATION THE STATE COMMITTEE DETERMINES TO HAVE ADEQUATE FACILITIES.

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

H. 4012 -- Reps. J.W. McLeod, Gilbert, McEachin, Nettles and McKay: A BILL TO AMEND ACT 1817 OF 1972, RELATING TO THE FLORENCE COUNTY FIRE DISTRICT, SO AS TO PROVIDE THAT AMONG THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL TWO MEMBERS FROM EACH REPRESENTED FIRE DEPARTMENT MUST BE APPOINTED INSTEAD OF FROM EACH SUBDISTRICT.

H. 4019 -- Reps. Kay, Carnell and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE AND SELL A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.

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.

Rep. MOSS explained the Bill.

H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.

H. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195,' CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.

H. 2423 -- Reps. Clyborne, H. Brown, Mattos, Haskins, Kirsh, Nesbitt, Baker, McCain, P. Bradley, Wilkins, Petty, G. Bailey, McEachin, T.C. Alexander and Corning: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING FRAUDULENT CHECKS, SO AS TO REDEFINE "CREDIT", SO AS TO EXCLUDE FROM THE DEFINITION CHECKS GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT; AND TO AMEND SECTION 34-11-70, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND DETERMINATION OF PROBABLE CAUSE FOR PROSECUTION, SO AS TO REDUCE THE NOTICE REQUIREMENT FROM FIFTEEN TO TEN DAYS, TO RAISE THE SERVICE CHARGE ON DISHONORED CHECKS FROM TEN TO TWENTY DOLLARS, AND TO DELETE PROVISIONS RELATING TO SERVICE CHARGES FOR CHECKS FOR PREEXISTING DEBTS.

H. 2751 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

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.

Rep. J. BRADLEY withdrew his objection to S. 711 however, other objections remained upon the Bill.

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

H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.

Rep. McLELLAN moved to adjourn debate upon the Senate Amendments until Wednesday, March 30.

Rep. J. BRADLEY moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Bennett                Bradley, J.            Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Corning                Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Gregory                Harris, J.
Harvin                 Hearn                  Helmly
Hendricks              Huff                   Humphries
Jones                  Kay                    Klapman
Lanford                Lockemy                Mappus
Martin, L.             McAbee                 McBride
McCain                 McElveen               McGinnis
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nettles                Pettigrew
Petty                  Phillips, O.           Rice
Rudnick                Sharpe                 Snow
Stoddard               Sturkie                Taylor
Townsend               Tucker                 Waldrop
Wells                  Wilder                 Williams
Winstead

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Beasley                Blanding.              Boan
Dangerfield            Harris, P.             Hayes
Hodges                 Holt                   Johnson, J.W.
Keyserling             Kirsh                  Lewis
Martin, D.             McLellan               McTeer
Pearce                 Phillips, L.           Sheheen
Shelton                Simpson                Washington
Whipper                White                  Wilkins

So, the motion to table was agreed to.

Rep. McLELLAN explained the Senate Amendment.

Rep. WALDROP spoke in favor of the Senate Amendment.

Reps. L. MARTIN and T. ROGERS proposed the following Amendment No. 3, which was adopted.

Amend as and if amended, amend Senate Amendments. Add new Section to be appropriately numbered Section 9-11-300 - At the end, add "Benefits payable due to retirement prior to July 1, 1988 shall be increased by 14.3 percent effective July 1, 1988."

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

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

H. 2503 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-67-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT AN ADMINISTRATOR'S BOND IS A SURETY BOND, TO PROVIDE THAT ALTERNATIVE FORMS OF SECURITY MAY BE FURNISHED, AND TO PROVIDE CONDITIONS UNDER WHICH BONDING REQUIREMENT MAY BE WAIVED.

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.

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

H. 2959 -- Rep. Pearce: A BILL TO AMEND SECTIONS 46-41-210 THROUGH 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE DEALERS AND HANDLERS GUARANTY FUND, ASSESSMENT ON GRAIN, AND THE REQUIREMENT FOR THE STATE TREASURER TO ADMINISTER THE FUND, AND ESTABLISH THE PROPOSED AMOUNT AND CLAIMS RELATED TO THE FUND, SO AS TO REDEFINE THE TERMS "FAIR MARKET VALUE" AND "DATE OF LOSS", INCREASE THE ASSESSMENT AND REQUIRE THE GRAIN DEALER TO BE RESPONSIBLE FOR PAYING THE INCREASE, NOT REQUIRE THE COLLECTION OF THE ASSESSMENT AT THE THREE MILLION DOLLAR LEVEL, PROVIDE PROTECTION FOR OTHERS SELLING GRAIN IN ADDITION TO THE PRODUCERS, DISALLOW PAYMENT OF BAD CHECKS THAT ARE HELD MORE THAN THIRTY DAYS, AND DELETE THE PAYOUT SCHEDULE AND REQUIRE CLAIMS TO BE PAID ON A FIRST COME FIRST SERVE BASIS: AND TO REPEAL SECTION 46-41-250, RELATING TO THE PROVISIONS FOR WAIVER OF PARTICIPATION IN THE FUND.

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.

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

H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.

Rep. DAVENPORT made the Point of Order that the Senate Amendments were improperly before the Mouse for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

Rep. DAY made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 2053 -- Reps. Kirsh and Corning: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.

Reps. RUDNICK and HASKINS spoke against the Joint Resolution.

Rep. KIRSH explained the Joint Resolution.

The question then recurred to the passage of the Resolution on third reading.

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

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barfield
Beasley                Blackwell              Boan
Brown, G.              Brown, H.              Brown, R.
Burch                  Burriss, M.D.          Chamblee
Clyborne               Corning                Dangerfield
Derrick                Elliott                Fair
Felder                 Foster                 Harris, J.
Hayes                  Hearn                  Helmly
Hodges                 Holt                   Humphries
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Koon                   Lanford
Lewis                  Lockemy                Mappus
Martin, L.             McCain                 McElveen
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Nesbitt
Nettles                Pearce                 Phillips, L.
Phillips, O.           Rice                   Rogers, T.
Sheheen                Shelton                Short
Simpson                Snow                   Sturkie
Taylor                 Wilder                 Wilkins
Williams

Those who voted in the negative are:

Aydlette               Bailey, K.             Baxley
Blanding               Bradley, J.            Bradley, P.
Carnell                Cole                   Davenport
Day                    Edwards                Faber
Ferguson               Foxworth               Gilbert
Harvin                 Haskins                Hendricks
Huff                   Kay                    Klapman
Martin, D.             McAbee                 McBride
McGinnis               Neilson                Pettigrew
Petty                  Rudnick                Thrailkill
Townsend               Tucker                 Washington
Wells                  Whipper                White

So, the Joint Resolution was read the third time and ordered sent to the Senate.

The following Concurrent Resolution was taken up.

H. 3799 -- Rep. Baxley: A CONCURRENT RESOLUTION REQUESTING THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION TO INVESTIGATE THE MANY COMPLAINTS WHICH RECENTLY HAVE BEEN LODGED AGAINST EASTERN AIR LINES BY THE CITIZENS OF THIS STATE.

Rep. BAXLEY moved to commit the Resolution to the Committee on Judiciary, which was agreed to.

Rep. SHELTON moved that the House recur to the morning hour, which was not agreed to.

The motion period was dispensed with on motion of Rep. L. MARTIN.

Rep. KLAPMAN moved that the House do now adjourn, which was adopted by a division vote of 58 to 36.

At 11:05 A.M. the House in accordance with the motion of Rep. KLAPMAN adjourned to meet at 10:00 A.M. tomorrow.

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