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

THURSDAY, APRIL 7, 1988

Thursday, April 7, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

O Lord our God, Who ever calls us to walk in Your way and to live by Your Word, grant that we might conduct ourselves always in a way acceptable to You in harmony with Your will. Help us to measure the deeds we do by our devotion to the present and our dedication to the future. Give to us the determination to right the wrongs we have done to others and supply us with the charity to forgive those who have wronged us. Enlighten our lives with Your truths, enlarge our motives with Your directing and enlist us in the struggle to travel at all times the path of Him Whose Name is to be praised "from the rising of the sun unto the going down of the same". (Psalm 113:3)

In the Name of Jesus we pray. Amen.

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

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

COMMUNICATION

The following was received.

THE WHITE HOUSE
WASHINGTON

April 4, 1988

Dear Ms. Shealy and Mr. Speaker:

On behalf of the President and Mrs. Reagan, thank you for your invitation for them to attend the Ball celebrating the Bicentennial of The Ratification of the United States Constitution by the State of South Carolina and for the President to address the Joint Session of the South Carolina General Assembly May 21-23.

We appreciate your extending this opportunity to the President and the First Lady. I regret to write that, due to the heavy demands on their schedules, they will be unable to accept your kind invitation. However, they asked me to convey to your their sincere appreciation for your thoughtfulness and to extend to you their very best wishes for this special occasion.

Sincerely,
Frederick J. Ryan, Jr.
Director of Presidential Appointments

and Scheduling
Director of Private Sector Initiatives

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 6, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 546, and the Report having been adopted by both Houses:
S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 59 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM IN ELEMENTARY AND SECONDARY SCHOOLS THROUGH APPROPRIATE PROGRAM DEVELOPMENT, ADEQUATE TEACHER TRAINING, REQUIRED HOURS OF HEALTH INSTRUCTION, AND AN EXEMPTION FOR STUDENT PARTICIPATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 32

Received as information.

REPORTS OF STANDING COMMITTEES

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

S. 1183 -- Senator Waddell: A BILL TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 12-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 12-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987, AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE.

Ordered for consideration tomorrow.

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

S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS.

Ordered for consideration tomorrow.

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

S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT.

Ordered for consideration tomorrow.

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

S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: A BILL TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, Rep. KLAPMAN, for the minority, submitted an unfavorable report, on:

H. 3928 -- Rep. T. Rogers: A BILL TO AMEND SECTION 9-8-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OF THIS STATE IS CONSIDERED A SOLICITOR FOR THE PURPOSES OF THIS RETIREMENT SYSTEM.

Ordered for consideration tomorrow.

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

H. 3952 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF INCOME BEFORE APPORTIONMENT OF THE REMAINING NET INCOME, SO AS TO DEFINE THE REAL PROPERTY IN THE ALLOCATION OF THE GAINS AND LOSSES FROM ITS SALE AS PROPERTY NOT CONNECTED WITH THE TAXPAYER'S BUSINESS.

Ordered for consideration tomorrow.

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

H. 3954 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-31-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO CHANGE THE DATE THE REPORTS TO THE COMMISSION ARE TO BE FILED.

Ordered for consideration tomorrow.

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

H. 3955 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.

Ordered for consideration tomorrow.

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

H. 3957 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE THE ASSESSMENT OF AIRLINES AND TO PROVIDE THAT LEASED PROPERTY MUST BE ASSESSED IN THE NAME OF THE LEASEE IF THE UNIT VALUATION METHOD IS USED OR IF THE TAXPAYER IS AN AIRLINE OR PRIVATE CAR LINE WHEN THE LEASEE IS IN CONTROL OF THE PROPERTY AND REQUIRED TO PAY THE TAX.

Ordered for consideration tomorrow.

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

H. 3968 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.

Ordered for consideration tomorrow.

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

H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-115 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

H. 4064 -- Charleston Delegation and Rep. McTeer: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ITS NEW MOTOR VEHICLE SERVICE OFFICE ON LEEDS AVENUE IN CHARLESTON COUNTY "THE GREATON E. BAMBERG, JR., SERVICE OFFICE".

H. 4064--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up for immediate consideration.

H. 4064 -- Charleston Delegation and Rep. McTEER: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ITS NEW MOTOR VEHICLE SERVICE OFFICE ON LEEDS AVENUE IN CHARLESTON COUNTY "THE GREATON E. BAMBERG, JR., SERVICE OFFICE".

Whereas, Greaton E. Bamberg, Jr., began employment with the South Carolina Highway Patrol in 1940 and has served the State of South Carolina in Charleston County continuously since that time; and

Whereas, he has achieved the rank of Lieutenant and is the district manager of the District 6 Motor Vehicle Division; and

Whereas, because of his dedication to his duties which he has performed so efficiently, the General Assembly believes that Lt. Bamberg should be especially honored. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name its new motor vehicle service office on Leeds Avenue in Charleston County "The Greaton E. Bamberg, Jr., Service Office" in recognition of his long and distinguished service to the State of South Carolina as a Highway Patrol trooper, lieutenant, and district manager.

Be it further resolved that a copy of this resolution be forwarded to Lt. Bamberg.

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

REPORT OF STANDING COMMITTEE

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

H. 4059 -- Rep. Huff: A HOUSE RESOLUTION REQUESTING THE ATTORNEY GENERAL OF SOUTH CAROLINA, THE CHIEF INSURANCE COMMISSIONER OF SOUTH CAROLINA, AND THE STATE'S CONSUMER ADVOCATE TO CONSULT WITH THEIR COLLEAGUES OF CERTAIN OTHER STATES INVOLVED IN LITIGATION IN THE FEDERAL DISTRICT COURT IN CALIFORNIA AGAINST MAJOR INSURANCE UNDERWRITERS NATIONWIDE AND TO REPORT BACK TO THE HOUSE OF REPRESENTATIVES AS SOON AS POSSIBLE REGARDING ANY APPROPRIATE ACTION WHICH SHOULD BE TAKEN THEREIN OR IN SIMILAR FASHION ON BEHALF OF THE STATE OF SOUTH CAROLINA.

H. 4059--ADOPTED

The following House Resolution was taken up for immediate consideration.

H. 4059 -- Rep. Huff: A HOUSE RESOLUTION REQUESTING THE ATTORNEY GENERAL OF SOUTH CAROLINA, THE CHIEF INSURANCE COMMISSIONER OF SOUTH CAROLINA, AND THE STATE'S CONSUMER ADVOCATE TO CONSULT WITH THEIR COLLEAGUES OF CERTAIN OTHER STATES INVOLVED IN LITIGATION IN THE FEDERAL DISTRICT COURT IN CALIFORNIA AGAINST MAJOR INSURANCE UNDERWRITERS NATIONWIDE AND TO REPORT BACK TO THE HOUSE OF REPRESENTATIVES AS SOON AS POSSIBLE REGARDING ANY APPROPRIATE ACTION WHICH SHOULD BE TAKEN THEREIN OR IN SIMILAR FASHION ON BEHALF OF THE STATE OF SOUTH CAROLINA.

Whereas, the Attorneys General of California, New York, Massachusetts, Alabama, Minnesota, Wisconsin and West Virginia have commenced an action in the federal district court in California in San Francisco against major insurance underwriters nationwide; and

Whereas, the complex issues to be addressed in this litigation may be of critical importance to the State of South Carolina and its insurance consuming public. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, requests the Honorable T. Travis Medlock, Attorney General of South Carolina, Mr. John G. Richards, Chief Insurance Commissioner of South Carolina, and Mr. Steven Hamm, Consumer Advocate of South Carolina, to consult with their colleagues involved in the above mentioned litigation and report back to the House of Representatives as soon as possible regarding any appropriate action which should be taken therein or in similar fashion on behalf of the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Honorable T. Travis Medlock, Mr. John G. Richards, and Mr. Steven Hamm.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4109 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE VIVIAN CAPPS BROWN FOR RECEIVING THE LEO G. KNAUFF AWARD AS HORRY COUNTY RURAL WOMAN OF THE YEAR.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISION OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1393 -- Senators Russell and Horace C. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE CAROL STARNES OF SPARTANBURG COUNTY, WHO WILL RECEIVE THE ALBERT SCHWEITZER MEDAL FOR ARTISTRY IN CLASSICAL PIANO AT THE ALBERT SCHWEITZER CONCERTS IN WILMINGTON, NORTH CAROLINA, ON APRIL 4-6, 1988.

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

INTRODUCTION OF BILLS

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

H. 4110 -- Reps. Cork, M.D. Burriss, Mappus, Humphries, Hearn, G. Bailey, Holt, Gilbert, Shelton, L. Martin, Mattos, T.C. Alexander, D. Martin, Rice and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4106 SO AS TO REQUIRE TRUCKS, AND TRAILERS ATTACHED TO TRUCKS TO BE EQUIPPED WITH CERTAIN FLAPS ON ALL REAR WHEELS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 4111 -- Reps. Fair and Wells: A BILL TO DIRECT THE LOCAL SCHOOL BOARDS OF THIS STATE TO REQUIRE THAT ANY INFORMATION ON THE SUBJECT OF HOMOSEXUALITY, IF INCLUDED AS PART OF AN INSTRUCTIONAL UNIT OR INCLUDED IN ANY CLASSROOM DISCUSSION, MUST PRESENT HOMOSEXUAL BEHAVIOR AS UNNATURAL, UNHEALTHY, AND ILLEGAL WITHIN THE CONTEXT OF THE LAW OF THIS STATE.

Rep. FAIR asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. SHELTON objected.

Referred to Committee on Education and Public Works.

H. 4112 -- Reps. Hearn, M.D. Burriss, T.M. Burriss, T. Rogers, McBride, Wilder, Humphries, Sharpe, Faber, Taylor, L. Martin, Cork, Lockemy, Barfield, Neilson, Keyserling, J. Brown, Wells and Corning: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, 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 IS FILED, NO FURTHER INFORMATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE COUNTY TAX ASSESSOR REQUESTS IT.

Referred to Committee on Ways and Means.

H. 4113 -- Reps. Sheheen, Wilkins and J.W. Johnson: A BILL TO AMEND CHAPTER 23 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5 SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE, AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES AND COMMISSIONS.

Referred to Committee on Judiciary.

H. 4114 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO REVISE AND INCREASE THE PENALTIES FOR TRAFFICKING IN CERTAIN DRUGS AND TO CLARIFY THE SENTENCING PROVISIONS FOR CONSPIRACY TO COMMIT THESE OFFENSES.

Referred to Committee on Judiciary.

H. 4115 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-5-65 SO AS TO PROVIDE THAT WATER AND SEWER RATES OF MUNICIPAL WATER AND SEWER SYSTEMS AND SPECIAL PURPOSE WATER AND SEWER DISTRICTS ARE SUBJECT TO REVIEW AND APPROVAL BY THE PUBLIC SERVICE COMMISSION IN THE SAME MANNER AND UNDER THE SAME CONDITIONS THAT THE RATES OF PRIVATELY-OWNED WATER AND SEWER SYSTEMS ARE SUBJECT TO REVIEW AND APPROVAL; AND TO REPEAL SECTIONS 58-5-30 AND 58-5-40, EXEMPTING MUNICIPAL WATER AND SEWER SYSTEMS AND SYSTEMS WHOLESALING WATER TO MUNICIPALITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.

Rep. AYDLETTE asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. SIMPSON objected.

Referred to Committee on Judiciary.

H. 4116 -- Reps. J. Bradley, Neilson, M.O. Alexander, G. Bailey, Harvin, Kohn and J.W. McLeod: A BILL TO AMEND SECTIONS 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-280, AS AMENDED, 38-77-910, 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE THE MANNER IN WHICH AUTOMOBILE INSURANCE RATES ARE SET AND DETERMINED IN THIS STATE, AND TO REPEAL SECTION 38-73-455 AND SECTION 38-73-457, RELATING TO BASIC AND OBJECTIVE STANDARD RATES FOR AUTOMOBILE INSURANCE, AND SECTION 2 OF ACT 166 OF 1987, RELATING TO AUTOMOBILE INSURANCE RATES FOR YOUTHFUL OPERATORS OF MOTOR VEHICLES.

Referred to Committee on Labor, Commerce and Industry.

H. 4117 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-59-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM WITHOUT REASONABLE CAUSE OR IN BAD FAITH SO AS TO REVISE THE AMOUNT OF THE ATTORNEYS' FEES WHICH MAY BE AWARDED BY THE TRIAL JUDGE IN THESE CASES.

Referred to Committee on Judiciary.

S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: 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.

S. 1328 -- Senator Dennis: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS FOR ALL COUNTIES, SO AS TO REVISE THE AREAS ESTABLISHED FOR BERKELEY COUNTY.

Referred to Berkeley Delegation.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 7, 1988.

Thomas N. Rhoad, Jr.              Larry Gentry
John W. Tucker                    Pat Harris
L. Edward Bennett                 Denny W. Neilson
Charles Sharpe                    Dell Baker
John G. Felder                    M.D. Burriss
R.S. Corning
Total Present--118

STATEMENTS OF ATTENDANCE

Reps. FOSTER, KOON and LEWIS 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, April 6, 1988.

SENT TO THE SENATE

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

H. 4087 -- Reps. Kay and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO INCREASE MATERIAL FEES.

H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.

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.

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 TO THIRD READING

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

H. 4104 -- Reps. Blanding, E.B. McLeod, McElveen and Baxley: A BILL TO TRANSFER CERTAIN PARCELS OF LAND IN SUMTER COUNTY FROM SCHOOL DISTRICT NO. 17 TO SCHOOL DISTRICT NO. 2.

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.

Rep. P. HARRIS explained the Bill.

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.

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.

Rep. McABEE explained the Bill.

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.

Rep. McABEE explained the Bill.

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.

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 ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution 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. 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.

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.

S. 640--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 12, which was adopted.

S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.

H. 3667--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted.

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.

H. 3703--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. R. BROWN proposed the following Amendment No. 1 (Doc. No. 3124J), which was adopted.

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

/SECTION _____. The Code Commissioner is directed to change all references in the 1976 Code to the "South Carolina State Housing Authority" to the "South Carolina State Housing, Finance, and Development Authority"./

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the Bill.

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

H. 3473--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2833J), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 2 and 3 in their entirety.

Renumber to conform.

Amend title to conform.

Rep. KIRSH explained the Bill.

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

H. 2785--DEBATE ADJOURNED

The following Bill was taken up.

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.

Rep. TOWNSEND explained the Bill.

Rep. L. PHILLIPS moved to adjourn debate upon the Bill until Wednesday, April 13, which was adopted.

H. 3677--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted.

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.

S. 532--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2829J), which was adopted.

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

/SECTION 1. Section 59-113-10 of the 1976 Code is amended to read:
"Section 59-113-10. There is hereby created a Higher Education Tuition Grant Committee Commission consisting of eight representatives of the independent institutions of higher learning in the State who choose to come under the provisions of this chapter. In addition, the membership of the Committee Commission shall include includes one ex officio member to be named by the House Committee on Education and Public Works, and one ex officio member to be named by the Senate Committee on Education, and one ex officio member who is the chief executive officer of the State Commission on Higher Education or his designee. The terms of the representatives of the institutions shall be are for three years and until their successors are selected and qualify, except of these first selected, three shall serve for one year, three shall serve two years and three shall serve three years. If shall be determined by lot which members shall serve for one year, which shall serve for two years and which shall serve for three years. The membership of the Committee Commission shall must be rotated among the participating institutions and it shall be determined by lot which institutions the initial member shall represent.. The Committee Commission shall administer the provisions of this chapter and shall make such rules and those regulations as may be necessary in order to carry out the intent of this chapter. The Commission is responsible solely to the General Assembly and shall report to that body at least annually."

SECTION 2. Section 59-113-30 of the 1976 Code is amended to read:

"Section 59-113-30. (a)(A) The provisions of this chapter shall apply to students entering college as freshmen during the 1970-71 academic year.

(b)(B) The amount of the grant to be paid for each semester, or appropriate academic term, shall must be determined by the Higher Education Tuition Grant Committee Commission and the Committee Commission shall award the maximum amount permissible under its rules and regulations or the determined need of the student, whichever is less.

(c)(C) The maximum amount shall may not exceed the average State state appropriation per for each full-time student enrolled in all the state-supported institutions of higher learning with four-year undergraduate degree programs in the previous year. The tuition grants shall must be calculated annually by the Committee Commission.

(d)(D) The need of each applicant shall must be determined by acceptable need analysis such as the parents' confidential statement and such other analyses as the Committee Commission may determine.

(e)(E) An adjustment shall must be made in the tuition grant of any student awarded a scholarship from any other source provided if the combination of grants and awards exceeds the calculated need of the student. If the scholarship is for only a portion of tuition and fees, the student may qualify for a proportionate tuition grant in accordance with the provisions of this chapter."

SECTION 3. Section 59-113-50 of the 1976 Code is amended to read:

"Section 59-113-50. For the purposes of this chapter, an independent institution of higher learning shall mean means any independent senior college in South Carolina certified for teacher training by the State Department of Education, or accredited by the Southern Association of Colleges and Secondary Schools and any independent junior college accredited by the Southern Association of Colleges and Secondary Schools, or accredited by any other accrediting agency recognized and designed by the State Department of Education eleemosynary junior or senior college in South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the Southern Association of Colleges and Secondary Schools."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

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

S. 532--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that S. 532 be read the third time tomorrow.

H. 2932--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2962J), which was adopted.

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

/SECTION 1. Section 59-112-10 G. of the 1976 Code is amended to read:
"G. The words 'dependent' or 'dependent person' shall mean:

(1) one whose financial support is provided not through his own earnings or entitlements, but whose predominant source of income or support is payments from a parent, spouse, or guardian, and who qualifies as a dependent or an exemption on the federal tax return of the parent, spouse, or guardian; provided, however, that or

(2) one for whom payments are made, under court order, for child support and the cost of his college education by an independent person meeting the provisions of Section 59-112-20 A. or B.

However, the words 'dependent' or 'dependent person' shall do not include a person spouse or former spouse who is the recipient of alimony or separate maintenance payments made pursuant to court order."/

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

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

H. 2932--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. PHILLIPS, with unanimous consent, it was ordered that H. 2932 be read the third time tomorrow.

S. 1182--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1182 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, OF CHAPTER 54, OF TITLE 12, ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION", AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 54 OF TITLE 12, SO AS TO ENACT THE SETOFF DEBT COLLECTION ACT, AND TO REPEAL SECTIONS 12-7-2240 AND 12-53-55 OF THE 1976 CODE, RELATING TO EXISTING REFUND SETOFF AND INFORMATION EXCHANGE PROVISION MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2864J), which was adopted.

Amend the bill, as and if amended, by striking item (5) of Section 12-54-410, as contained in SECTION 2, page 2, lines 22-26, and inserting:

/(5) 'Refund' means any individual or corporate South Carolina income tax refund payable. This term also includes any refund belonging to a debtor resulting from the filing of a joint income tax return./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 2865J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 4 and inserting:

/SECTION 4. This act takes effect October 15, 1988./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. WINSTEAD proposed the following Amendment No. 3 (Doc. No. 2639J), which was adopted.

Amend the bill, as and if amended, in Section 12-54-420(1) of the 1976 Code, as contained in SECTION 2, page 2, line 5, by inserting after /Service./ /'Claimant agency' does not mean the Office of Child Support Enforcement of the Department of Social Services./

Renumber sections to conform.

Amend title to conform.

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

H. 3392--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3392 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND CHAPTER 51 OF TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF PROPERTY TAXES, BY ADDING SECTIONS 12-51-15, 12-51-180, 12-51-190, 12-51-200, 12-51-210, 12-51-220, 12-51-230, 12-51-240, 12-51-250, 12-51-260, 12-51-270, 12-51-280, AND 12-51-290 SO AS TO PROVIDE DEFINITIONS, TO AUTHORIZE THE DELINQUENT TAX COLLECTOR TO EMPLOY OR APPOINT OTHERS TO ASSIST IN THE COLLECTION OF TAXES, TO PROVIDE A FORM FOR TAX EXECUTIONS, TO DEFINE THE DUTIES OF THE DELINQUENT TAX COLLECTOR, TO AUTHORIZE THE SALE OF REAL OR PERSONAL PROPERTY WITHOUT REFERRING TO HEIRS, THE ESTATE, OR SUCCESSORS OF A DECEASED TAXPAYER OR A TAXPAYER NO LONGER IN EXISTENCE, TO ALLOW A DEFAULTING TAXPAYER TO HAVE THE TAX SALE SUSPENDED IF HE OFFERS SATISFACTORY EVIDENCE THAT HE HAS PAID THE TAXES OR THAT THE TAXES HAVE BEEN IMPROPERLY ASSESSED AND WITHIN TWENTY DAYS TAKES ACTION PROVIDED BY LAW TO CORRECT THE ASSESSMENT AND PROSECUTE THE ACTION TO A SUCCESSFUL CONCLUSION, PROVIDE FOR CASES WHERE BIDS AT A TAX SALE DO NOT EQUAL TAXES, ASSESSMENTS, PENALTIES, AND COSTS, AND TO ESTABLISH A FIRST LIEN IN FAVOR OF A TAX SALE PURCHASER FOR THE PURCHASE PRICE AND THE VALUE OF IMPROVEMENTS IF THE PURCHASER IS DISPOSSESSED BECAUSE OF A DEFECTIVE TITLE; TO AMEND SECTION 12-47-70, RELATING TO ABATEMENT OR REFUND OF INCORRECT PROPERTY TAXES, SO AS TO INCREASE TO FIVE YEARS THE PERIOD DURING WHICH A CLAIM FOR ABATEMENT OR REFUND MAY BE MADE; TO AMEND SECTION 12-51-40, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR, SO AS TO REQUIRE PAYMENT OF DELINQUENT TAXES BY THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY BEFORE THE DAY OF THE SALE; TO AMEND SECTIONS 12-51-50 AND 12-51-60, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR WITH RESPECT TO TAX SALES, SO AS TO MAKE GRAMMATICAL CHANGES AND DELETE UNNECESSARY LANGUAGE; TO AMEND SECTION 12-51-70, RELATING TO DEFAULTING BIDDERS AT TAX SALES, SO AS TO PROVIDE THAT A DEFAULTING BIDDER IS LIABLE FOR THE COSTS OF ADVERTISING THE PROPERTY AND A PENALTY EQUAL TO TEN PERCENT OF THE BID AND TO MAKE THE AMOUNT OF THE COSTS AND PENALTY A FIRST LIEN ON ALL PROPERTY OF THE DEFAULTING BIDDER; TO AMEND SECTION 12-51-80, RELATING TO THE DUTIES OF THE TREASURER WITH RESPECT TO THE PROCEEDS OF TAX SALES, SO AS TO REQUIRE THE TREASURER TO INVEST THE PROCEEDS UNTIL CLAIMED AND DISTRIBUTED; TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION OF PROPERTY, SO AS TO PROVIDE FOR PROOF OF PAYMENTS WHEN THE TAX SALE RECEIPT IS LOST OR DESTROYED; TO AMEND SECTION 12-51-170, RELATING TO CONTRACTING FOR THE COLLECTION OF MUNICIPAL TAXES, SO AS TO CONFORM THE LANGUAGE TO OTHER PROVISIONS OF THIS ACT; TO REDESIGNATE SECTION 12-45-70, RELATING TO PROPERTY TAX DUE DATES, AS SECTION 12-51-25 AND INCORPORATE IN IT THE DEFINITIONS ADDED BY THIS ACT, AND TO REDESIGNATE SECTION 12-45-180, RELATING TO PENALTIES, AS SECTION 12-51-35, AND TO PROVIDE FOR ALTERNATE DUE DATES WHEN DUE DATES FALL ON HOLIDAYS OR WEEKENDS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2860J), which was adopted.

Amend the bill, as and if amended, by striking Section 12-51-180, as contained in SECTION 1, and inserting:

/Section 12-51-180. The individual or entity vested with employment and discharge authority in the county government may employ, appoint, or designate others to assist the delinquent tax collector with the implementation of the provisions of this chapter./

Amend further, as and if amended, by striking Section 12-51-40, as contained in SECTION 3, and inserting:

/Section 12-51-40. After the county treasurer tax collector issues his execution against a defaulting taxpayer in his jurisdiction, as provided in Section 12-45-180, signed by him or his agent in his official capacity, directed to the officer authorized to collect delinquent taxes, assessments, penalties, and costs, delinquent tax collector requiring him to levy the execution by distress and sale of so much of the defaulting taxpayer's estate property, real or personal, or both, as may be sufficient to satisfy the taxes, assessments, penalties, and costs, the officer to which the execution is directed delinquent tax collector shall:

(a)(1) On April first or as soon thereafter as practicable, mail a notice of delinquent property taxes, penalties, assessments, penalties, and costs to the person at the address shown on the tax receipt execution or at a more correct address if it is known. The notice shall must specify that if the taxes, penalties, assessments, penalties, and costs are not paid, the property must be duly advertised and sold to satisfy the delinquency.

(b)(2) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the defaulting taxpayer's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs may be taken. In the case of For real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer at the address shown on the tax receipt or execution to a more correct address known to the officer, by 'certified mail, return receipt requested--deliver to addressee only'. In the case of For personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt execution or to a more correct address known to the officer. All delinquent notices shall must specify that if the taxes, assessments, penalties, and costs are not received in the office of the delinquent tax collector paid on or before the close of the last business day prior to a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the 'certified mail' notice is equivalent to 'levying by distress'.

(c)(3) In the event If the 'certified mail' notice has been is returned, take exclusive physical possession of the property against which the taxes, assessments, penalties, and costs were assessed by posting a notice at one or more conspicuous places on the premises, in the case of real estate property, reading: 'Seized by person officially charged with the collection of delinquent taxes of (name of political subdivision) to be sold for delinquent taxes', the posting of the notice is equivalent to levying by distress, seizing, and taking exclusive possession thereof of the property, or by taking exclusive possession of personalty. In the case of For personal property, the person officially charged with the collection of delinquent taxes is not required to move the personal property from where situated at the time of seizure and further, the personal property may not be moved after seized seizure by anyone under penalty of conversion unless delinquent taxes, assessments, penalties, and costs have been paid. Mobile homes are considered to be personal property for the purposes of this section unless the owner gives written notice to the auditor of the mobile home's annexation to the land on which it is situated.

(c)(4) The property must be advertised for sale at public auction. The advertisement must be in a newspaper of general circulation within the county or municipality, if applicable, and must be entitled 'Delinquent Tax Sale'. It shall must include the delinquent taxpayer's name and the description of the property., a A reference to the county auditor's map-block-parcel number being is sufficient for a description of realty real property. The advertising must be published once a week prior to the legal sales date for three consecutive weeks for the sale of real property, and two consecutive weeks for the sale of personal property. All expense expenses of the levy, seizure, and sale must be added and collected as additional costs, and shall must include, but not be limited to, the expense expenses of taking possession of real or personal property, advertising, storage, identifying the boundaries of the property, and mailing certified notices. When the real property is divisible, the tax assessor, county treasurer, and county auditor shall ascertain that portion of the property that is sufficient to realize a sum upon sale sufficient to satisfy the payment of the taxes, assessments, penalties, and costs. In such cases, the officer shall partition the property and furnish a legal description of it./

Amend further, by striking Section 12-51-50 as contained in SECTION 4 and inserting:

/Section 12-51-50. The advertised property duly advertised must be sold by the person officially charged with the collection of delinquent taxes delinquent tax collector at public auction at the courthouse or at the county administration building on a legal sales date during regular hours for legal tender payable in full on the date of the sale. In case If the defaulting taxpayer has more than one item advertised to be sold, as soon as sufficient funds have been accrued to cover all of the defaulting taxpayer's delinquent taxes, assessments, penalties, and costs, no further items may be sold./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH explained the Bill.

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

H. 3392--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3392 be read the third time tomorrow.

S. 1157--OBJECTIONS, AMENDED AND ORDERED
TO THIRD READING

The following Joint Resolution was taken up.

S. 1157 -- Senator McGill: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1986, 1987, AND 1988 UNTIL JULY 1, 1988.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2859J), which was adopted.

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

/SECTION 1. The deadline for filing the application claiming agricultural use of real estate required pursuant to Section 12-43-220(d)(3) of the 1976 Code for taxable years 1985, 1986, 1987, and 1988 is extended until July 1, 1988./

Amend title to conform.

Rep. KIRSH explained the amendment.

Reps. HASKINS and M.O. ALEXANDER objected to the Joint Resolution.

The amendment was then adopted.

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

S. 1157--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that S. 1157 be read the third time tomorrow.

H. 3651--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3651 -- Reps. M.D. Burriss, L. Phillips, T.M. Burriss and Hearn: A BILL TO AMEND SECTION 57-1-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPENSES PAID FOR THE DEDICATION OF ROADS OR BRIDGES NAMED IN HONOR OF AN INDIVIDUAL BY ACT OF THE GENERAL ASSEMBLY, SO AS TO EXPAND THE PROVISIONS OF THE SECTION TO INCLUDE OTHER HIGHWAY FACILITIES, TO PROVIDE THAT THE REIMBURSEMENT MUST BE FOR EXPENSES INCURRED AND MUST COME FROM THE "C" FUNDS OF THE COUNTY WHEREIN THE ROAD OR FACILITY IS LOCATED RATHER THAN FROM THE STATE HIGHWAY FUND, TO REVISE THE MANNER IN WHICH REIMBURSEMENT FOR THESE EXPENSES IS APPROVED, TO LIMIT THE AMOUNT OF THESE EXPENSES, AND TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE DEPARTMENT TO NAME AND DEDICATE A HIGHWAY FACILITY PURSUANT TO A REQUEST FROM OTHER THAN THE GENERAL ASSEMBLY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2868J), which was adopted.

Amend the bill, as and if amended, by striking /a majority of the Senators, a majority of the House members, and the District Highway Commissioner representing the county or counties/ which begins on line 8 of page 2 and inserting /a majority of each county legislative delegation/.

Amend title to conform.

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

H. 3651--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 3651 be read the third time tomorrow.

S. 1114--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1114 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH CAUGHT IN NONGAME FISHING DEVICES, SO AS TO PROVIDE SPECIFIC PENALTIES FOR VIOLATIONS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0076R).

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

SECTION 1. Section 50-13-580 of the 1976 Code is amended to read:

"Section 50-13-580. Should any game fish be taken by net or other nongame fishing device while fishing for fish other than game fish, they must be immediately returned to the water from whence they came. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days. Any equipment and devices used in committing the violation must be seized and disposed of as provided in Section 50-13-1196."

SECTION 2. The 1976 Code is amended by adding: Section 50-13-1116.

Notwithstanding any other provision of law, nongame fishing devices as specified by numbers (1), (4), (5), (6), (7) of Section 50-13-1115 must be marked with a floating marker with a minimum capacity of one pint and a maximum capacity of one gallon or equivalent size with the licensee's name and address clearly marked on each marker.

Furthermore, nongame fishing devices as specified by number (2) of the same Section must have an identification tag bearing the owner's name and address attached to it.

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

Amend title and renumber sections to conform.

Rep. FOXWORTH was recognized.

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

MOTION REJECTED

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

H. 3723--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2400J), which was adopted.

Amend the bill, as and if amended, by striking Section 28-2-450 as contained in SECTION 1 and inserting:

/"Section 28-2-450. The right of condemnation by a municipality is not limited to the county in which the municipality is located, except that a municipality may not condemn land outside its corporate limits for purposes of establishing a park, playground, or recreational facility, and the establishment of a park, playground, or recreational facility by a municipality outside its corporate limits is not considered to be a public purpose of the municipality for which the power of eminent domain may be used, and except that a municipality may only condemn land outside its corporate limits for the purpose of establishing a water impoundment as long as a portion of the water impoundment to be established will exist within the Corporate limits of the municipality. Land condemned pursuant to the provision to establish a water impoundment may not be redeemed as provided below.

Any land condemned by a municipality outside its corporate limits for purposes of establishing a park, playground, or recreational facility, subsequent to February 29, 1988, but before the effective date of the prohibition herein contained which prohibits such condemnations, may be reacquired by condemnee upon thirty days written notice to condemnor and repayment of the condemnation award to the condemnor."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. HENDRICKS spoke against the Bill.

Reps. FOXWORTH, J. BRADLEY and AYDLETTE spoke in favor of the Bill.

Rep. HENDRICKS moved to table the Bill, which was not agreed to by a division vote of 12 to 85.

Rep. RUDNICK spoke against the Bill.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 93; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Baker
Barfield               Baxley                 Beasley
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Brown, R.              Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corning                Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Harris, P.
Haskins                Hayes                  Hearn
Hodges                 Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lewis                  Lockemy
Mappus                 Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, O.
Rice                   Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Waldrop                Wells                  Wilkins

Total--93

Those who voted in the negative are:

Bailey, K.             Burch                  Dangerfield
Harris, J.             Harvin                 Hendricks
Martin, D.             Rogers, T.             Rudnick
Wilder                 Williams

Total--11

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

OBJECTION TO MOTION

Rep. HOLT asked unanimous consent that H. 3723 be read a third time tomorrow.

Rep. T. ROGERS objected.

S. 711--OBJECTIONS WITHDRAWN

Reps. McCAIN, DAVENPORT and MOSS withdrew their objections to S. 711 however, other objections remained upon the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4109 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO CONGRATULATE VIVIAN CAPPS BROWN FOR RECEIVING THE LEO G. KNAUFF AWARD AS HORRY COUNTY RURAL WOMAN OF THE YEAR.

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

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. BOAN adjourned to meet at 10:00 A.M. tomorrow.

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