Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God of greatness, we are grateful for April's beauty, for the loveliness of things all around: the bright color of the flowers, the lyrics of singing birds. Make us thankful, and to go forward with fortitude, honoring in the present all that is precious from the past, and keeping bright the promises of the future. Make us to see Your moving and providential care in the midst of time. Put a seal upon our lips that no bitter words be spoken to hurt or to wound. Keep us from unfair judgments and careless criticism, as we heed the words of the Psalmist: "Keep your tongue from evil, and your lips from speaking deceit" - Psalm 34:13.

Thank You, Lord, for hearing our prayer.

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

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

The following was taken up for immediate consideration and accepted.

April 7, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of all South Carolina law enforcement and corrections communities, we would like to extend an invitation to the South Carolina House of Representatives, their clerks, attaches and spouses to attend a barbeque reception Wednesday, April 20, 1988, from 6:00 P.M. to 8:00 P.M. at the Scholarship Donors' Lounge in Williams-Brice Stadium, Columbia, South Carolina.

We look forward to hosting this event in honor of the South Carolina General Assembly.

Very sincerely,
Ernie Nunnery

The following was received.
Columbia, S.C., april 12, 1988

Mr. Speaker and Members of the House:

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

Very respectfully,
President

On motion of Rep. L. MARTIN the invitation was accepted.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

H. 3994 -- Reps. E.B. McLeod, Rhoad and Snow: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 1000 -- Senator Peeler: A BILL TO AMEND SECTION 50-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "HUNTERS" AND "HUNTING", SO AS TO DELETE DEFINITIONS OF "HUNTERS" AND "HUNTING" IN RELATION TO PERSONS WHO, WITHOUT GUNS, ASSIST OTHERS WITH DOGS, HORSES, OR BIRDS, PROVIDE FOR TWO TRAINING PERIODS FOR BIRD DOCS AND RABBIT DOCS EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING PERIODS, AND TO REQUIRE TRAINERS OF BIRD DOGS AND RABBIT DOGS TO HAVE THE APPROPRIATE HUNTING LICENSES AND OTHER APPLICABLE PERMITS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:

S. 1109 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST IMPORTING, POSSESSING, SELLING, OR RELEASING INTO STATE WATERS UNDESIRABLE SPECIES OF FISH SO AS TO CORRECT SPELLING AND GRAMMATICAL ERRORS.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

H. 2757 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380, 50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE "FUR BUYER", "COMMERCIAL PURPOSES", "TRAP", "FOOT-HOLD TRAP", "LIVE TRAP" AND "PROCESSOR", TO REDEFINE "TAKE", "TRAPPER", TO DELETE DEFINITIONS OF "FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYERS LICENSE REQUIREMENTS, TO REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED, TO REQUIRE A PERMIT FOR OUT OF STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE LICENSEE, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11 OF CHAPTER 11 OF TITLE 50 RELATING TO BOUNTIES ON FOXES.

Ordered for consideration tomorrow.

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

H. 2902 -- Rep. L. Phillips: A BILL TO AMEND SECTION 59-30-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT MAKE-UP TESTS, SO AS TO PROVIDE FOR A MAKE-UP PERIOD FOR TAKING A MISSED TEST.

Ordered for consideration tomorrow.

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

H. 3789 -- Reps. Lanford, Davenport, Fair, Cole, McEachin, Wells, Shelton, Lockemy, Barfield, Humphries, McGinnis, Nesbitt and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-60 SO AS TO REQUIRE NOTICES REQUIRED BY LAW TO BE MAILED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, EXCEPT BY REGISTERED OR CERTIFIED MAIL, TO HAVE PRINTED ON THE ENVELOPE "PLEASE FORWARD".

Ordered for consideration tomorrow.

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

H. 3143 -- Rep. M.D. Burriss: A BILL TO PROHIBIT A PERSON FROM SERVING ON OR RUNNING FOR ELECTION AS A MEMBER OF A SCHOOL DISTRICT BOARD OF TRUSTEES BY WHICH THE PERSON IS EMPLOYED.

Ordered for consideration tomorrow.

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

S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.

Ordered for consideration tomorrow.

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

S. 1191 -- Senators Land and Stilwell: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

Ordered for consideration tomorrow.

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

S. 161 -- Senator Garrison: A BILL TO AMEND SECTION 50-21-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS AND TO PROVIDE FOR THE TESTING PROCEDURE; AND TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE, SO AS TO INCREASE THE PENALTIES FOR SECOND AND SUBSEQUENT OFFENSES.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, Rep. HEARN, for the minority, submitted an unfavorable report, on:

H. 3896 -- Reps. Wilkins, McElveen, H. Brown, Baxley, Haskins, Huff, Tucker, Hendricks, Rudnick, Short, Clyborne, Corning, McEachin, Gentry, Arthur and Hayes: A BILL TO AMEND SECTIONS 33-49-440, 33-49-610, AND 33-49-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RURAL ELECTRIC COOPERATIVES SO AS TO ELIMINATE THE RIGHT TO VOTE BY MAIL AT COOPERATIVE MEETINGS, TO PROVIDE FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO REQUIRE AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL OF THE MEMBERS OF THE COOPERATIVE INSTEAD OF THE MEMBERS VOTING AT THE MEETING IN ORDER TO DISSOLVE A COOPERATIVE.

Ordered for consideration tomorrow.

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

S. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.

Ordered for consideration tomorrow.

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

S. 1298 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTIONS 12-54-20, AS AMENDED, 12-54-30, AND 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CONFORM THESE PENALTIES AND INTEREST PROVISIONS TO THOSE OF THE FEDERAL TAX LAWS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-155 SO AS TO PROVIDE PROCEDURES FOR DETERMINING AND PENALIZING UNDERSTATEMENTS OF TAX; AND TO REPEAL SECTION 12-54-150 RELATING TO CALCULATION OF INTEREST WHEN WARRANTS OR TAX EXECUTIONS ARE ISSUED.

Ordered for consideration tomorrow.

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

S. 1180 -- Senators Dennis, Lindsay, Holland, and Horace C. Smith: A BILL TO AMEND SECTION 9-1-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF EMPLOYEES AND MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT CLASS ONE SERVICE MAY BE CONVERTED TO CLASS TWO SERVICE AND TO PROVIDE A CONVERSION FORMULA; AND TO AMEND SECTIONS 9-1-1590 AND 9-11-90, AS AMENDED, RELATING TO THE RESTORATION OF BENEFICIARIES TO ACTIVE SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO MAKE OPTIONAL RATHER THAN MANDATORY THE LOSS OF THE ALLOWANCE OF THE REEMPLOYED BENEFICIARIES.

Ordered for consideration tomorrow.

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

S. 1079 -- Senators Doar, McLeod and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.

Ordered for consideration tomorrow.

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

S. 988 -- Senators Courson and Setzler: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE MOTHER, FATHER, AND A SPOUSE'S MOTHER AND FATHER.

Ordered for consideration tomorrow.

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

H. 4003 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1317, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF FEDERAL FUNDS TO ENFORCE SUPPORT OBLIGATIONS, SO AS TO PROVIDE FOR THE CERTIFICATION BY THE CHIEF FAMILY COURT JUDGE AND CLERK OF COURT OF THE USE OF EXCESS FUNDS.

Ordered for consideration tomorrow.

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

(R479) S. 546 -- Senators Nell W. Smith, Garrison, Leatherman, Matthews, Waddell, Hayes and Giese: AN ACT 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, AN EXEMPTION FOR STUDENT PARTICIPATION, AN EXCEPTION FOR PRIVATE SCHOOLS TO THE APPLICATION OF THE CHAPTER, AND PENALTIES; AND TO PROVIDE FOR THE CONTINUATION OF EXISTING HEALTH EDUCATION PROGRAMS AND REIMBURSEMENT OF TUITION.

(R480) H. 4019 -- Reps. Kay, Carnell and Townsend: AN ACT 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.

(R481) S. 1002 -- Senator Macaulay: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FOR NOT MORE THAN TWO YEARS PROPERTY ACQUIRED BY CHARITABLE ENTITIES FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS.

(R482) 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 1985, 1986, 1987, AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1988.

(R483) S. 315 -- Senator Drummond: AN ACT 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 PROVIDE THE CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, AND TO PROVIDE AUTHORIZATIONS AND LIMITATIONS ON THE TYPE OF TREATMENT WHICH MAY BE PROVIDED BY LICENSED DENTAL HYGIENISTS.

(R484) S. 607 -- General Committee: AN ACT TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE" AND "RESPONSIBLE CHARGE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT AFTER JUNE 30, 1993, APPLICANTS RETAIN CREDIT FOR DIVISIONS OF THE EXAM THAT THEY PASSED FOR FOUR YEARS FROM THE DATE OF THE EXAMINATION AFTER WHICH THESE DIVISIONS MUST BE RETAKEN, TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE, TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1993, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS, TO PROVIDE THAT APPLICANTS ONCE QUALIFIED TO STAND THE EXAM DO NOT LOSE ELIGIBILITY BECAUSE OF CHANGES IN EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO ALLOW THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE NOT EXCEEDING ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-100, RELATING TO REQUIREMENTS FOR THE PRACTICE OF ARCHITECTURE BY ARCHITECTURAL FIRMS, SO AS TO PROVIDE FOR CERTIFICATES OF AUTHORIZATION FOR FIRMS TO CONTRACT FOR AND COLLECT FEES FOR ARCHITECTURAL SERVICES AND TO ESTABLISH THE REQUIREMENTS FOR THE CERTIFICATES; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO DISCIPLINARY HEARINGS, SO AS TO REVISE THE PROCEDURE GOVERNING DISCIPLINARY HEARINGS AND TO AUTHORIZE THE BOARD TO IMPOSE A CIVIL PENALTY NOT EXCEEDING TWO THOUSAND DOLLARS FOR EACH VIOLATION AND TEN THOUSAND DOLLARS FOR ALL VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-3-125 AND 40-3-180 SO AS TO AUTHORIZE THE BOARD TO REVISE OR SUSPEND THE CERTIFICATE OF AUTHORIZATION OF A FIRM AND IMPOSE A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH VIOLATION AND TEN THOUSAND DOLLARS FOR ALL VIOLATIONS AND TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS REGISTERED IN THIS STATE AND TO PROVIDE EXEMPTIONS.

(R485) H. 2945 -- Reps. Evatt, Beasley, Hayes, McAbee and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4 TO ARTICLE 3, CHAPTER 7, TITLE 20 SO AS TO CREATE AND PROVIDE FOR A GUARDIAN AD LITEM PROGRAM FOR TRAINING AND SUPERVISION OF VOLUNTEERS SERVING AS COURT APPOINTED SPECIAL ADVOCATES FOR CHILDREN IN ABUSE AND NEGLECT PROCEEDINGS WITHIN THE FAMILY COURT AND TO PROVIDE FOR FUNDING OF THE PROGRAM; AND TO AMEND SECTION 20-7-690, RELATING TO THE CONFIDENTIALITY OF REPORTS AND RECORDS MAINTAINED BY THE DEPARTMENT OF SOCIAL SERVICES, CHILD PROTECTIVE SERVICE AGENCIES, AND THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE PROVISIONS AUTHORIZING THE REPORTS AND RECORDS TO BE MADE AVAILABLE.

(R486) H. 3628 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PHARMACIST-IN-CHARGE REQUIRED; RESPONSIBILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 851, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R487) H. 3395 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; AND TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS.

(R488) H. 3926 -- Rep. Short: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE PALMETTO COUNCIL, INC.

(R489) H. 3785 -- Rep. Wilkins: AN ACT TO AMEND SECTION 57-5-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDEMNATION OF PROPERTY OF CERTAIN PUBLIC SERVICE CORPORATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION.

At 12:20 P.M. the House resumed, the SPEAKER in the Chair.

The following was introduced:

H. 4118 -- Rep. Day: A CONCURRENT RESOLUTION TO RECOGNIZE MISS CRYSTAL SWEAT OF SUMMERVILLE IN DORCHESTER COUNTY FOR HER OUTSTANDING ACCOMPLISHMENTS IN YOUTH SPORTS.

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

The following was introduced:

H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION.

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

The following was introduced:

H. 4120 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING THE NATIONAL COTTON COUNCIL OF AMERICA ON ITS FIFTIETH ANNIVERSARY AND COMMENDING THE COUNCIL FOR ITS HALF-CENTURY OF OUTSTANDING SERVICE.

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

The following was introduced:

H. 4121 -- Reps. Klapman and Petty: A CONCURRENT RESOLUTION TO COMMEND CAYCE POLICE DEPARTMENT LIEUTENANT RON BYRD FOR HIS COURAGEOUS RESCUE OF THREE CHILDREN FROM THEIR BURNING HOME.

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

The following was taken up for immediate consideration:

H. 4122 -- Reps. Beasley, Hayes and Fair: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 2, 1988, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, thirty percent of the population of South Carolina are children; and

Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and

Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and

Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and

Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of South Carolina. Now, therefore,

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

That the week beginning October 2, 1988, is designated "South Carolina Children's Week". Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.

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

The following was introduced:

H. 4123 -- Reps. Mappus, Aydlette, J. Bradley, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A HOUSE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE AUGUST JOHN TAMSBERG OF CHARLESTON IN CHARLESTON COUNTY, LONG-TIME CHARLESTON CITY COUNCIL CLERK.

The Resolution was adopted.

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

S. 1399 -- Senator Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE WEDNESDAY, APRIL 13, 1988, AS THE "DAY OF REMEMBRANCE OF THE VICTIMS OF THE NAZI HOLOCAUST" AND SUNDAY, APRIL 17, 1988, THROUGH SUNDAY, APRIL 24, 1988, AS "HOLOCAUST OBSERVANCE WEEK" SO AS TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO DAILY STRIVE TO OVERCOME PREJUDICE AND INHUMANITY THROUGH EDUCATION, VIGILANCE, AND CONCERN FOR THEIR FELLOWMAN AND TO WELCOME MR. MATTHEW NESBITT OF ATLANTA, GEORGIA, TO THIS STATE AND TO THANK HIM FOR HIS PARTICIPATION IN THE "OBSERVANCE".

Whereas, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and

Whereas, the citizens of South Carolina must be ever mindful of the atrocities committed by the Nazis so that these horrors may never be repeated; and

Whereas, South Carolinians continually should rededicate themselves to the principle of equal justice for all people, strive to be eternally vigilant, and recognize that bigotry provides a breeding ground for tyranny to flourish; and

Whereas, Mr. Matthew Nesbitt of Atlanta, Georgia, has come to South Carolina to participate in the "Observance"; and

Whereas, a native of Toronto, Canada, in 1939, Mr. Nesbitt enlisted in the Royal Canadian Air Force and fought World War II in the European Theater of Operations; and

Whereas, as the first liberators of the now infamous Nazi concentration camps, death camps where millions of Jews were slaughtered, Mr. Nesbitt led a group of soldiers who liberated the camp at Bergen-Belsen; and

Whereas, Mr. Nesbitt and his men put an end to the slaughter, took the guards prisoner, and tried to give immediate medical attention to the survivors. Forty years later, Mr. Nesbitt occasionally runs across people he freed from Bergen-Belsen. He never recognizes them, but they always remember his face; and

Whereas, honorably discharged after six and one-half years of military service with a rank of Warrant Officer First Class; and

Whereas, he was past president of the Michigan Floorcovering Association and a recipient of the 1967 and 1969 "Man of the Year" award from the association; and

Whereas, an instructor of the Dale Carnegie Course in Evanston, Illinois, Mr. Nesbitt also has served as a former judge and national director for the Miss Teen USA Beauty Pageant, a member of the White House Advisory Council for the Elderly, principal speaker for the Service Corps of Retired Executives, a staff member to "The Witness to the Holocaust" Documentation Program at Emory University, a member of the Georgia Commission on the Holocaust, and a member of the Advisory Board of Urban Affairs Committee on Hunger and the Homeless. Now, therefore,

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

That the members of the General Assembly recognize Wednesday, April 13, 1988, as the "Day of Remembrance of the Victims of the Nazi Holocaust" and Sunday, April 17, 1988, through Saturday, April 24, 1988, as "Holocaust Observance Week" so as to encourage the citizens of South Carolina to daily strive to overcome prejudice and inhumanity through education, vigilance, and concern for their fellowman and welcome Mr. Matthew Nesbitt of Atlanta, Georgia, to this State and thank him for his participation in the "Observance".

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

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

S. 1400 -- Senators Lee, Pope and Macaulay: A CONCURRENT RESOLUTION WELCOMING "THE MOVING WALL", THE REPLICA OF THE VIETNAM VETERANS MEMORIAL, TO THE STATE OF SOUTH CAROLINA, AND EXPRESSING THE HOPE THAT THE PRESENCE OF "THE MOVING WALL" IN THE PALMETTO STATE WILL CAUSE SOUTH CAROLINIANS TO PAUSE AND REFLECT ON THE SACRIFICES OF AMERICAN CITIZENS IN VIETNAM IN THE PURSUIT OF FREEDOM AND LIBERTY.

Whereas, "The Moving Wall", the replica of the nation's Vietnam Veterans Memorial, is scheduled to be in Greenville from April 8-14, 1988; and

Whereas, this replica creates an awareness of the Vietnam experience and its impact on American society; and

Whereas, its presence in South Carolina creates an opportunity for personal reflections that otherwise would require a visit to Washington, D.C.; and

Whereas, the South Carolina Vietnam Era Veterans Association has worked diligently to make this visit of "The Moving Wall" worthwhile. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, welcomes "The Moving Wall", the replica of the Vietnam Veterans Memorial, to the State of South Carolina and expresses the hope that the presence of "The Moving Wall" in the Palmetto State will cause South Carolinians to pause and reflect on the sacrifices of American citizens in Vietnam in the pursuit of freedom and liberty.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Vietnam Era Veterans Association, in care of its president, Terry Lanford, P.O. Box 16653, Greenville, South Carolina 29606.

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

The following was taken up for immediate consideration:

S. 1401 -- Senator Garrison: 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 AND TO FILL VACANCIES FOR THE UNEXPIRED TERMS ENDING JUNE 30, 1990, ONE FOR THE CLEMSON UNIVERSITY BOARD OF TRUSTEES AND ONE FOR WINTHROP COLLEGE BOARD OF TRUSTEES.

Be it resolved by the Senate, the House of Representatives 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 the 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, and to fill vacancies for the unexpired terms ending June 30, 1990, one for the Clemson University Board of Trustees and one for Winthrop College Board of Trustees.

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. 4124 -- Rep. Harvin: A BILL TO AMEND SECTION 38-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT, TERMS, QUALIFICATIONS, AND VACANCIES OF MEMBERS OF THE STATE INSURANCE COMMISSION, SO AS TO DELETE THE PROVISION THAT NO MEMBERS OF THE COMMISSION MAY SERVE MORE THAN ONE TERM, AND PROVIDE THAT MEMBERS OF THE COMMISSION MAY SERVE MORE THAN ONE TERM, INCLUDING SUCCESSIVE TERMS.

Referred to Committee on Labor, Commerce and Industry.

H. 4125 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 58-7-10 THROUGH 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

Referred to Committee on Judiciary.

H. 4126 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT AS A CONDITION OF PROBATION IT MAY FINE A CHILD IN AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN CASES WHICH WOULD BE TRIABLE IN MAGISTRATES' COURT IF THE VIOLATOR WERE AN ADULT WHEN COMMITMENT IS SUSPENDED, BUT NOT IN ADDITION TO COMMITMENT.

Referred to Committee on Judiciary.

H. 4127 -- Rep. Pearce: A BILL TO CREATE THE NATURAL RESOURCES PERMIT CONSOLIDATION OFFICE.

Referred to Committee on Agriculture and Natural Resources.

H. 4128 -- Reps. J. Bradley, Dangerfield and Whipper: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 9 SO AS TO DESIGNATE A CERTAIN PORTION OF LONG POINT ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY BY ADDING ARTICLE 11 SO AS TO DESIGNATE A CERTAIN PORTION OF MATHIS FERRY ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY, TO PROHIBIT THE REMOVAL OF CERTAIN TREES LOCATED WITHIN THE HIGHWAY RIGHTS-OF-WAY OF THESE SCENIC HIGHWAYS, AND TO PROHIBIT ALL NEW OFF-PREMISES OUTDOOR ADVERTISING ON THE SCENIC HIGHWAYS.

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

H. 4129 -- Reps. J. Bradley, Neilson and Pearce: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO REVISE THE LICENSE FEES FOR CERTAIN MUTUAL INSURERS DOING A PROPERTY BUSINESS ONLY.

Referred to Committee on Labor, Commerce and Industry.

H. 4130 -- Rep. McEachin: A BILL TO AMEND ARTICLE 3, CHAPTER 23, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF MOTOR VEHICLE CARRIERS BY ADDING SECTION 58-23-325 SO AS TO PROVIDE THAT ANY MOTOR VEHICLE CARRIER HOLDING a CLASS E CERTIFICATE SHALL DISPLAY OR DISCLOSE ITS PUBLIC SERVICE COMMISSION NUMBER AND ITS INTERSTATE COMMERCE COMMISSION NUMBER ON ANY ADVERTISING OR IN ANY LITERATURE PROVIDED TO OR MaDE AVAILABLE TO THE GENERAL PUBLIC, AND TO PROVIDE THAT ANY CARRIER WHICH FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION MAY HAVE ITS PUBLIC SERVICE COMMISSION CERTIFICATE SUSPENDED OR REVOKED BY THE COMMISSION IN THE MANNER THE COMMISSION CONSIDERS APPROPRIATE.

Referred to Committee on Education and Public Works.

H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: A BILL TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.

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

H. 4132 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED. CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT IN THE CASE OF THE EXEMPTION ALLOWED ON THE SALE OF MOTOR VEHICLES AND MOTOR BIKES TO MEMBERS OF THE ARMED FORCES DOMICILED IN ANOTHER STATE BUT STATIONED IN SOUTH CAROLINA, A NOTARIZED STATEMENT MUST BE FURNISHED TO THE VENDOR CERTIFYING THAT THE PURCHASER IS A MEMBER OF THE ARMED FORCES RATHER THAN A STATEMENT TO THAT EFFECT SIGNED BY A COMMISSIONED OFFICER HIGHER IN RANK THAN THE PURCHASER, TO DELETE THE EXEMPTION ALLOWED ON SALES FROM VENDING MACHINES WHERE THE SALES PRICE DOES NOT EXCEED TEN CENTS, AND TO REPEAL SECTION 12-35-1220, RELATING TO EXTENSIONS FOR FILING SALES TAX RETURNS OR PAYING SALES TAX.

Referred to Committee on Ways and Means.

H. 4133 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, 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 5, IN CHAPTER 54 OF TITLE 12, RELATING TO TAX ENFORCEMENT, SO AS TO PROVIDE FOR AUDITS BY SAMPLING PROCEDURES.

Referred to Committee on Ways and Means.

H. 4134 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-54-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COLLECTION AND ENFORCEMENT OF TAXES BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO EXTEND THE COLLECTION AND ENFORCEMENT PROVISIONS TO RETURNS AND ASSESSMENTS RELATING TO FOREST RENEWAL.

Referred to Committee on Ways and Means.

H. 4135 -- Reps. Edwards, Baxley, Ferguson and Felder: A BILL TO AMEND SECTION 58-23-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR CERTIFICATES TO OPERATE AS A MOTOR VEHICLE COMMON CARRIER, SO AS TO PROVIDE THAT IF AN APPLICATION IS DENIED ANOTHER APPLICATION MAY NOT BE MADE UNTIL AT LEAST SIX MONTHS HAVE ELAPSED SINCE THE DATE OF DENIAL.

Referred to Committee on Education and Public Works.

H. 4136 -- Rep. J. Bradley: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 76 SO AS TO ESTABLISH PROCEDURES FOR PROVING LIABILITY IN PRODUCTS LIABILITY LAWSUITS INVOLVING FIREARMS OR AMMUNITION.

Referred to Committee on Judiciary.

S. 134 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE GOVERNING BODY OF EACH COUNTY TO ESTABLISH A COUNTY COURT LIBRARY AND TO AUTHORIZE THE FUNDING OF THE LIBRARY BY MEANS OF A COURT COST ASSESSED ON CRIMINAL BOND FORFEITURES AND FINES.

Referred to Committee on Judiciary.

S. 854 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 40-43-100, AS AMENDED, AND 40-43-60, 40-43-80, 40-43-90, 40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380, 40-43-410, AND 40-43-460, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROHIBIT THE BOARD FROM ISSUING A TEMPORARY LICENSE, PROVIDE FOR A RECIPROCAL LICENSE FEE, REQUIRE CONTINUING EDUCATION, CHANGE THE TERM "REGISTERED PHARMACIST" TO "LICENSED PHARMACIST", REQUIRE THE PHARMACIST TO KEEP A RECORD OF THE QUANTITY OF A POISONOUS SUBSTANCE SOLD AND CLEARLY LABEL POISONOUS SUBSTANCES DISPENSED "POISON", DELETE THE DRUG SULFONAMIDE, ABORTIFACIENT DRUGS, AND HORMONES SINCE THEY ARE NO LONGER USED, AND CHANGE THE REFERENCE TO PHARMACIES TO DRUG OUTLETS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTIONS 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340, 40-43-350, 40-43-450, AND 40-43-470 RELATING TO LABELS FOR POISONS, DRUGS AND POISONS SOLD BY MERCHANTS, PAYMENT OF DRUG INSPECTORS, DISPOSITION OF FEES COLLECTED BY THE BOARD, THE ANNUAL REPORT OF PHARMACEUTICAL ASSOCIATIONS, THE TERMS "PHARMACIST", "DRUGGIST", AND "APOTHECARY" CONSTRUED INTERCHANGEABLY, PERMITS TO OPEN A NEW PHARMACY, AND EMPLOYEES' SALARIES.

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

S. 1013 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE MONETARY PENALTY FROM A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.

Referred to Committee on Judiciary.

S. 1240 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATIONS' OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.

Referred to Committee on Ways and Means.

S. 1254 -- Senators Martschink, Fielding and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 23 OF TITLE 57 RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 174 SOUTH OF THE DAWHOO BRIDGE IN CHARLESTON COUNTY A SCENIC HIGHWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE HIGHWAY ADVERTISING CONTROL ACT.

Referred to Charleston Delegation.

S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.

Referred to Committee on Judiciary.

S. 1381 -- Education Committee: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE THE PROVISIONS PERTAINING TO FUNDING FOR ELIGIBLE COMPENSATORY AND REMEDIAL CHILDREN AND FOR BLOCK GRANTS AND PERTAINING TO REGULATIONS AND TO PROVIDE THAT NO STUDENT WHO SCORES AT OR ABOVE BASIC SKILLS ASSESSMENT PROGRAM STANDARD IS ELIGIBLE FOR EITHER COMPENSATORY OR REMEDIAL FUNDING.

Referred to Committee on Education and Public Works.

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.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Humphries              Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Lanford                Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Stoddard               Taylor                 Thrailkill
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams

I came in after the roll call and was present for the Session on April 12, 1988.

Robert B. Brown                   Robert A. Kohn
Larry Gentry                      Daniel E. Winstead
John J. Snow

The SPEAKER granted Rep. TOWNSEND a temporary leave of absence.

The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the week.

Announcement was made that Dr. Robert A. Wilson of Greenville is the Doctor of the Day for the General Assembly.

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

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.

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.

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.

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.

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 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. 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.

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.

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.

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.

The following Bill was taken up.

H. 3733 -- Rep. P. Bradley: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM TO DETERMINE IF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WISH TO GIVE ITS BOARD OF TRUSTEES UNLIMITED TAXING AUTHORITY.

Reps. CLYBORNE, P. BRADLEY, HASKINS, BLACKWELL, BAKER, MATTOS and RICE proposed the following Amendment No. 1 (Doc. No. 3144J), which was adopted.

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

/SECTION 1. The appropriate county election commissions shall conduct an advisory referendum at the same time as the 1988 general election to determine the wishes of the qualified electors of the Greenville County School District in regard to the question contained in this act. Ballots must be furnished at all polling places in the affected areas with the following question printed on the ballots:

"(1) Shall the trustees of the School District of Greenville County have the authority to increase taxes levied for the operation of the District by a total not exceeding three mills in any two-year period, beginning with the tax year 1990?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to conform.

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

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 3733 be read the third time tomorrow.

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

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.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. FOXWORTH having been recognized.

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.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 7, by the Committee on Agriculture and Natural Resources.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

Reps. ARTHUR and 0. PHILLIPS objected to the Bill.

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

Rep. AYDLETTE moved to adjourn debate upon the following Bill until Thursday, April 14, 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.

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

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.

S. 1106 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS - EDISTO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1184 -- Senator Drummond: A BILL TO AMEND SECTION 50-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COSTS OF NONGAME AND ENDANGERED SPECIES' CONSERVATION PROGRAMS, SO AS TO PROVIDE FOR PERMITS FOR THE SALE OF ALLIGATOR PRODUCTS AND THAT THE PROCEEDS FROM PERMIT SALES AND PORTIONS OF THE PROCEEDS FROM THE SALE OF ALLIGATOR PRODUCTS MAY BE USED TO PAY THE COSTS OF THE ALLIGATOR CONTROL MANAGEMENT PROGRAM.

S. 1189 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-125 SO AS TO DEFINE WILDLIFE AND PROVIDE PENALTIES FOR PERSONS CONVICTED OF UNLAWFUL BUYING, SELLING, TRADING, TRAFFICKING, OR BARTERING WILDLIFE.

S. 1202 -- Senator Long: A BILL TO AMEND SECTIONS 50-3-410, 51-1-60, AND 51-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND REGULATIONS OF FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS, SO AS TO GIVE JURISDICTION TO CONSERVATION OFFICERS TO ENFORCE PROVISIONS OF TITLE 50, LITTER AND TRESPASS STATUTES AND REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM RELATING TO FISHING IN LAKES, PONDS, AND OTHER WATERS WHOLLY WITHIN STATE PARKS.

S. 1115 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF CHILDREN UNDER SIXTEEN YEARS OF AGE FROM HUNTING AND FISHING LICENSE REQUIREMENTS, SO AS TO REQUIRE LICENSES IF A CHILD TAKES GAME OR FISH FOR COMMERCIAL PURPOSES.

Rep. FOXWORTH explained the Bill.

The following Bill was taken up.

S. 1128 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-105 SO AS TO PERMIT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO TOW AWAY AND STORE ANY UNATTENDED WATERCRAFT, A WATERCRAFT THE OPERATOR OF WHICH IS ILL OR INTOXICATED AND UNABLE TO FUNCTION IN A SAFE MANNER, OR OTHER OBJECT WHICH CONSTITUTES A HAZARD TO NAVIGATION AND WHICH IS NOT WITHIN AN APPROVED UNITED STATES COAST GUARD ANCHORAGE AREA AND TO PROVIDE THAT THE OWNER SHALL PAY REASONABLE STORAGE FEES.

Rep. FOXWORTH explained the Bill.

Reps. ARTHUR and O. PHILLIPS objected to the Bill.

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

The following Bill was taken up.

H. 3323 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO REGULATE THE TRAINING, CARE, AND CUSTODY OF DANGEROUS DOGS AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT MAGISTRATES HAVE JURISDICTION TO TRY CASES INVOLVING VIOLATIONS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0075R), which was adopted.

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

SECTION 1. Chapter 3, Title 47 of the 1976 Code is amended by adding:

Section 47-3-610. As used in this article "dangerous dog" means and includes:

(1) a dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

(2) a dog which attacks a human being or domestic animal without provocation;

(3) a dog owned or harbored primarily or in part for the purpose of dogfighting or a dog trained for dogfighting.

Section 47-3-620. No person owning or harboring or having the care or the custody of a dangerous dog may permit the dog to go unconfined on his premises. A dangerous dog is "unconfined" as the term is used in this section if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog-run area upon the person's premises. The pen or dog-run area also must have either sides six feet high or a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground at a depth of no less than one foot. However, the provisions of this section shall not apply to any dog that is owned by a licensed security company and is on patrol in a confined area.

Section 47-3-630. No person owning or harboring or having the care of a dangerous dog may permit the dog to go beyond his premises unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length.

Section 47-3-640. (A) No person may own or harbor a dog for the purpose of dogfighting, or train, torment, badger, bait, or use a dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

(B) No person may possess with intent to sell, offer for sale, breed, or buy or attempt to buy a dangerous dog.

Section 47-3-650. (A) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or cared for in violation of Section 47-3-620, or 47-3-640, he may petition the magistrate having jurisdiction to order the seizure and impoundment of the dangerous dog while the trial is pending.

(B) In the event a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or housed in violation of Section 47-3-630, he may seize and impound the dangerous dog while the trial is pending.

Section 47-3-660. (A) Whoever violates this article is guilty of a misdemeanor and, upon conviction, for a first offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days and, upon conviction of a second or subsequent offense, must be fined one thousand dollars none of which may be suspended or remitted.

(B) A dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment the dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals.

(C) Any person found guilty of violating this article shall pay all expenses, including shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public and other expenses as may be required for the destruction of the dog. Furthermore, anyone found guilty of violating this article shall pay any medical expenses incurred by the victim as a result of an attack by a dangerous dog.

(D) All violations of this article are within the magistrate's jurisdiction.

Section 47-3-670. (A) A person is lawfully upon the premises of the owner within the meaning of this article when he is on the premises in the performance of any duty imposed upon him by the laws of this State, by the laws or postal regulations of the United States, when he is on the premises upon invitation, expressed or implied, of the owner, or when he is in the performance of a duty relative to public safety, which includes policemen, firemen, or other authorized personnel. A person has the right to ingress to and egress from the premises for any purpose connected with the performance of the public safety duty.

(B) A person who is lawfully on the owner's premises and who is attacked by a dangerous dog or witnesses the attack may use reasonable force to repel the attack. A person is not liable in damages or otherwise for action to repel or any action taken to restrain or control a dog from an unprovoked attack.

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

Amend titles and renumber sections to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3876 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2215 SO AS TO PROVIDE FOR THE PROHIBITION AGAINST BAITING WILD TURKEYS IN GAME ZONE 10 AND TO DEFINE TERMS.

The Committee on Agriculture and Natural Resources proposed the following Amendment No. (Doc. No. 2675J), which was adopted.

Amend the bill, as and if amended, by striking the first paragraph in Section 50-11-2215, as contained in SECTION 1 of the bill, and inserting:

/"It is unlawful for a person to hunt or take or attempt to hunt or take a wild turkey by means of, or aid or use of bait or baiting, or on or over any baited area."/

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3877 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE SHOOTING OF WILD TURKEYS WITH A RIFLE.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2674J), which was adopted.

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

/SECTION 1. Section 50-11-2210 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( ) It is unlawful for a person to take or attempt to take a wild turkey with a rifle."/

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

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

The Senate returned to the House with concurrence the following:

H. 4038 -- Reps. Kirsh, McAbee and P. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COMMISSION ON AGING TO DELAY THE APRIL 1, 1988, IMPLEMENTATION DATE OF PERFORMANCE-BASED CONTRACTING AND COMPETITIVE PROPOSAL PROCESSES ON AREA AGENCIES ON AGING.

H. 4118 -- Rep. Day: A CONCURRENT RESOLUTION TO RECOGNIZE MISS CRYSTAL SWEAT OF SUMMERVILLE IN DORCHESTER COUNTY FOR HER OUTSTANDING ACCOMPLISHMENTS IN YOUTH SPORTS.

H. 4120 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING THE NATIONAL COTTON COUNCIL OF AMERICA ON ITS FIFTIETH ANNIVERSARY AND COMMENDING THE COUNCIL FOR ITS HALF-CENTURY OF OUTSTANDING SERVICE.

H. 4121 -- Reps. Klapman and Petty: A CONCURRENT RESOLUTION TO COMMEND CAYCE POLICE DEPARTMENT LIEUTENANT RON BYRD FOR HIS COURAGEOUS RESCUE OF THREE CHILDREN FROM THEIR BURNING HOME.

At 12:58 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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