Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty God, Who rules in majesty over all the Nations of the earth, look with favor upon our efforts and bless them according to Your wisdom. Forgive our wrongdoings, override our faulty judgments, redeem our misspent energies, and guide our feet into pathways of progress. Inspire our hearts and direct our minds in making decisions.

Keep the fire of good will burning brightly on the altars of our souls that we falter not even amid disappointments. Direct our minds and hands that we be instruments to heal, bind, build and bless. Light up every moment of this day with the assurance of Your presence and bring us to its close with peace in our hearts.

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 proceeding of yesterday the SPEAKER ordered it confirmed.

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

H. 4081 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT A RESIDENT ASSISTING IN A BOAT A PERSON POSSESSING A PERMIT AND ASSOCIATED TAGS TO TAKE SHRIMP OVER BAIT IS NOT REQUIRED TO HAVE A PERMIT OR TAGS.

Ordered for consideration tomorrow.

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

S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.

Ordered for consideration tomorrow.

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

S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.

Ordered for consideration tomorrow.

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

S. 1181 -- Senators Peeler and Lee: A BILL TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.

Ordered for consideration tomorrow.

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

S. 1277 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES AND MUNICIPAL CORPORATIONS, SO AS TO EXEMPT FROM BUSINESS LICENSE TAXES ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES WHICH ARE EXEMPT FROM LICENSE TAX UNDER ANOTHER LAW AND TO LIMIT THE RIGHT TO LEVY A BUSINESS LICENSE TAX ON BUSINESSES ENGAGED IN MAKING LOANS SECURED BY REAL ESTATE.

Ordered for consideration tomorrow.

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

S. 1301 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETAIL SALES TAX LICENSES, SO AS TO REQUIRE THE OWNERS OF FLEA MARKETS TO INSURE THAT ALL PERSONS RENTING SPACE TO MAKE RETAIL SALES AT FLEA MARKETS ARE PROPERLY LICENSED PRIOR TO THEIR RENTING SPACE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.

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

H. 3937 -- Rep. Wilkins: A BILL TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.

Ordered for consideration tomorrow.

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

H. 4079 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO APPROPRIATIONS FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO ALLOW THE COMMISSION TO FUND THE NET COSTS OF CONTRACTS FOR ANY SPECIAL THIRD PARTY LIABILITY COLLECTION EFFORTS FROM FUNDS COLLECTED IN THAT EFFORT, INCLUDING FUNDS COLLECTED THAT WERE ORIGINALLY EXPENDED IN PRIOR FISCAL YEARS.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1321 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1322 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1323 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1325 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3905 -- Reps. Lockemy, Rice and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4050 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE INSURANCE COMMISSION, SO AS TO PROVIDE THAT THERE MUST BE TWO EX OFFICIO MEMBERS OF THE COMMISSION, ONE OF WHOM IS A MEMBER OF THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF, AND ONE OF WHOM IS A MEMBER OF THE SENATE BANKING AND INSURANCE COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1218 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO EXEMPT AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; TO AMEND SECTION 38-75-210, RELATING TO THE REQUIREMENT THAT HAZARD INSURANCE ON MOBILE HOMES MAY NOT BE WRITTEN FOR A PERIOD IN EXCESS OF THREE YEARS, SO AS TO CHANGE THE BASIS ON WHICH A REFUND IS MADE IF THE POLICY IS CANCELED DURING THE SECOND YEAR OF THE POLICY TERM; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSURER OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

The Senate returned to the House with amendments the following:

S. 415 -- Judiciary Committee: A BILL TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-7-35 SO AS TO PROVIDE FOR VENUE IN SUITS BROUGHT AGAINST DOMESTIC AND FOREIGN CORPORATIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 4137 -- Reps. Hearn, T.M. Burriss, Humphries and L. Martin: A BILL TO AMEND SECTION 61-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF GRANTING AN ALCOHOLIC BEVERAGE LICENSE TO A PLACE OF BUSINESS WHICH IS WITHIN THREE HUNDRED FEET OF ANY CHURCH, SCHOOL, OR PLAYGROUND SITUATED WITHIN A MUNICIPALITY OR WITHIN FIVE HUNDRED FEET OUTSIDE A MUNICIPALITY, SO AS TO EXTEND THE DISTANCE LIMITATIONS TO PUBLIC PARKS AND TO EXTEND THESE DISTANCE LIMITATIONS TO PERMITS FOR THE SALE OF BEER OR WINE AND TO MAKE THESE ADDITIONAL RESTRICTIONS EFFECTIVE FOR LICENSES OR PERMITS FIRST GRANTED AFTER JUNE 30, 1988.

Referred to Committee on Judiciary.

H. 4138 -- Reps. Wells, G. Brown, H. Brown, M.D. Burriss, Hearn, Pettigrew, Gilbert, Baker, Foxworth, Humphries, Cole, Blackwell, Clyborne, Sharpe, J. Harris, Burch, G. Bailey, Haskins, Corning, Edwards, Petty, Moss, Barfield, Cork, McGinnis, Nesbitt, Lanford, Mappus, P. Bradley, Ferguson, Fair, Helmly, Keyserling, McCain, T.C. Alexander, Gordon, McKay,.Lockemy, Wilder, Simpson, Hendricks, Dangerfield, Klapman, D. Martin, Koon, Davenport, White, Neilson, Day, Waldrop, J. Bradley and T.M. Burriss: 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 EXEMPT FROM THE TAX THE GROSS PROCEEDS OF THE SALE OF GIRL SCOUT COOKIES.

Referred to Committee on Ways and Means.

H. 4139 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 89 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE.

Without reference.

H. 4140 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS WANDO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4141 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (NORTH INLET ESTUARY), DESIGNATED AS REGULATION DOCUMENT NUMBER 855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4142 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4143 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO ADOPT THE 1987 CUMULATIVE SUPPLEMENTS TO THE 1976 CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS AND VOLUMES AS SUPPLEMENTED BY THEM CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 1988.

On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4144 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE CODE, SO AS TO PROVIDE FOR DISTRIBUTION TO EACH COURTROOM USED FOR FAMILY COURT PROCEEDINGS.

Referred to Committee on Judiciary.

H. 4145 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-495 SO AS TO ESTABLISH THE PROCEDURE FOR SERVICE OF PROCESS ON PERSONS CONFINED TO PENAL INSTITUTIONS.

Referred to Committee on Judiciary.

H. 4146 -- Rep. J. Bradley: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 65 SO AS TO REQUIRE MANUFACTURERS OF TOYS, DELIVERED TO OR MADE IN THIS STATE FOR THE PURPOSE OF SALE OR DISTRIBUTION TO THE GENERAL PUBLIC, TO PLACE CAUTIONARY WARNINGS ON ALL TOYS THAT ARE POTENTIALLY HAZARDOUS TO YOUNG CHILDREN AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, H.              Brown, J.              Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corning                Dangerfield
Davenport              Day                    Derrick
Faber                  Fair                   Ferguson
Foster                 Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McGinnis               McLellan
McTeer                 Moss                   Neilson
Nesbitt                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

I came in after the roll call and was present for the Session on April 13, 1988.

James C. Johnson                  Grady Brown
Woodrow McKay                     Malloy McEachin
Eugene L. Nettles                 Steve Lanford
Robert B. Brown                   John William McLeod
Frank Gilbert                     Kenneth Bailey
Irene K. Rudnick                  E.D. Foxworth
Dave Waldrop                      Robert A. Kohn
J.T. McElveen                     John G. Felder
L. Edward Bennett                 E.B. McLeod, Jr.
Dick Elliott                      Bill Cork
C. Lenoir Sturkie

Rep. LOCKEMY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 6, 1988.

I was not present during the Session but arrived in time to attend the Committee meetings on April 12, 1988.

Ronald P. Townsend

Announcement was made that Dr. Vincent J. Degenhart of Columbia 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. 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.

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.

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.

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 following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

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.

S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHIPPER explained the Joint Resolution.

S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 4131 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. 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 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. 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. 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. 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.

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.

The following Joint Resolution was taken up.

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.

Rep. PEARCE moved to table the Joint Resolution, which was agreed to.

The following Bill was taken up.

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.

Rep. E.B. McLEOD proposed the following Amendment No. 1 (Doc. No. 3219J), which was tabled.

Amend the bill, as and if amended, Section 12-43-220(d)(2)(B) as contained in SECTION 1 beginning on page 2, by adding immediately after line 29 on page 3:

/(iii) Notwithstanding the base year value adjustment required by the formula prescribed by this subitem (B), beginning with the 1988 taxable year and until the next base year after 1988 for agricultural purposes, the fair market value for nontimber agricultural lands is the 1981 base year value reduced by thirty-three and one-third percent. The fair market value for timber agricultural lands is the 1981 base year value without adjustment./

Renumber sub-sub-subitems to conform.

Amend title to conform.

Rep. E.B. McLEOD explained the amendment.

Rep. GREGORY moved to table the amendment, which was agreed to.

Reps. BARFIELD and G. BROWN objected to the Bill.

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

The following Bill was taken up.

H. 3878 -- 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 FROM A VEHICLE ON A PUBLIC ROAD.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2676J), 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 i.c amended by adding an appropriately numbered subsection to read:

"( ) It is unlawful for a person to take or attempt to take a wild turkey from a vehicle on a public road."/

Amend title to conform.

Rep. R. BROWN 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. 3879 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 2677J), 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:

"( ) A person who hunts or attempts to hunt a wild turkey is required to have in his possession a set of wild turkey transportation tags issued by the department or its designated agent at no cost. A wild turkey killed must be tagged before being transported from the point of kill. All bagged wild turkeys must be checked at a designated wild turkey check station. The daily bag limit for wild turkeys is two a day, not to exceed five during any one license year and no person may take more than two wild turkeys during an open fall season. No hunter may possess more than one set of turkey tags. A set consists of five tags."/

Amend title to conform.

Rep. R. BROWN 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.

S. 1178 -- Finance Committee: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2949J), which was adopted.

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

/SECTION 1. (A) Section 9-1-1550(A)(3) of the 1976 Code is amended to read:

"(3) If he has a prior service certificate in full force and effect, an additional employer annuity which shall must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the System been in operation and had he contributed thereunder during such entire period. Upon retirement from service on or after July 1, 1976 1988, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty or more years of creditable service, such the allowance shall must be equal to one and thirty-five hundredths percent of his average final compensation percent of the portion of his average final compensation not in excess of four thousand, eight hundred dollars, plus one and thirty hundredths percent of the portion of such compensation in excess of four thousand, eight hundred dollars, multiplied by the number of years of his creditable service.

If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.

Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to July 1, 1976, shall receive not less than the benefit provided under the formula in effect prior to July 1, 1976."

(B) Section 9-1-1550(B) of the 1976 Code is amended to read:

"(B) Upon retirement from service on or after July 1, 1988, a Class Two member shall, beginning July 1, 1975, receive a service retirement allowance computed as follows:

(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty or more years of creditable service, such the allowance shall must be equal to one and twenty-five hundredths percent seven tenths percent of his average final compensation of the portion of his average final compensation not in excess of four thousand eight hundred dollars, plus one and sixty-five hundreds percent of the portion of such compensation in excess of four thousand eight hundred dollars, multiplied by the number of years of his creditable service.

(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.

(3) Notwithstanding the foregoing provisions, any Class Two member whose,creditable service commenced prior to July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."

SECTION 2. The third paragraph of Section 9-1-1020 of the 1976 Code is amended to read:

"Notwithstanding the foregoing, effective July 1, 1964, the The rates of such the deductions shall must be, without regard to a member's coverage under the Social Security Act, as follows: "In in the case of Class One members, three five percent of the portion of earnable compensation not in excess of four thousand eight hundred dollars, and five percent of the portion in excess of four thousand eight hundred dollars; and, in the case of Class Two members four six percent of the portion of earnable compensation not in excess of four thousand eight hundred dollars, and six percent of the portion in excess of four thousand eight hundred dollars."

SECTION 3. Article 13, Chapter 1 of Title 9 of the 1976 Code is amended by adding:

"Section 9-1-1767. Effective July 1, 1988, the benefits payable due to retirement before July 1, 1988, must be increased by ten percent."

SECTION 4. This act takes effect July 1, 1988. /

Renumber to conform.

    Amend title to read:

/TO AMEND SECTION 9-1-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS FROM ONE PERCENT OF THE FIRST FOUR THOUSAND EIGHT DOLLARS OF AVERAGE FINAL COMPENSATION AND ONE AND THREE-TENTHS PERCENT OF AVERAGE FINAL COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO ONE AND THIRTY-FIVE HUNDREDTHS PERCENT OF AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS ONE MEMBERS AND FROM ONE AND TWENTY-FIVE HUNDREDTHS PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF AVERAGE FINAL COMPENSATION AND ONE AND SIXTY-FIVE HUNDREDTHS PERCENT OF AVERAGE FINAL COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO ONE AND SEVEN-TENTHS PERCENT OF AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS TWO MEMBERS; TO AMEND SECTION 9-1-1020, RELATING TO CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE EMPLOYEE CONTRIBUTIONS FROM THREE PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF EARNABLE COMPENSATION AND FIVE PERCENT OF EARNABLE COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO FIVE PERCENT OF ALL EARNABLE COMPENSATION IN THE CASE OF CLASS ONE MEMBERS, AND FROM FOUR PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF EARNABLE COMPENSATION AND SIX PERCENT OF EARNABLE COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO SIX PERCENT OF ALL EARNABLE COMPENSATION IN THE CASE OF CLASS TWO MEMBERS; TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1767, SO AS TO INCREASE RETIREMENT BENEFITS PAYABLE DUE TO RETIREMENT BEFORE JULY 1, 1988, BY TEN PERCENT, AND TO MAKE ALL THE PROVISIONS OF THIS ACT EFFECTIVE JULY 1, 1988./

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 1178 be read the third time tomorrow.

The following Bill was taken up.

H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.

Rep. J. BRADLEY explained the Bill.

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

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

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

H. 4147 -- Reps. P. Bradley, H. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Corning, Davenport, Elliott, Fair, Foxworth, Haskins, Hearn, Humphries, Koon, Lanford, Mappus, L. Martin, McCain, McGinnis, Pettigrew, Sharpe, Simpson, Thrailkill and Wells: A BILL TO ENACT THE "AUTOMOBILE INSURANCE RATE REFORM ACT OF 1988"; TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO CHANGE THE DEFINITION OF "DAMAGES" BY DELETING THE INCLUSION OF PUNITIVE DAMAGES AND PROVIDING THAT IN THE CASE OF LIABILITY COVERAGE UNDER SECTION 38-77-140, "DAMAGES" INCLUDES BOTH ACTUAL AND PUNITIVE DAMAGES WHERE THE INSURED'S LIABILITY IS SOLELY VICARIOUS AND RESULTS FROM THE RECKLESS, WILFUL, OR WANTON ACTS OF ANOTHER; TO AMEND ARTICLE 3, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE COVERAGE, BY ADDING SECTION 38-77-350 SO AS TO PROVIDE FOR THE DEDUCTION FROM VERDICTS RENDERED OF THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM ANY COLLATERAL SOURCE, TO PROHIBIT CLAIMING, DEMANDING, OR PAYING FOR ANY ITEM OF DAMAGES TO THE EXTENT THAT THE CLAIMANT HAS ALREADY RECEIVED REIMBURSEMENT FOR THAT ITEM AS A RESULT OF A COLLATERAL SOURCE PAYMENT AS DEFINED IN THIS SECTION, AND TO PROVIDE THAT BENEFITS RECEIVED UNDER THE MEDICAID PROGRAM OF TITLE XIX OF THE SOCIAL SECURITY ACT MAY NOT BE CONSIDERED A COLLATERAL SOURCE; TO AMEND SECTION 38-77-290(d) AND (f), RELATING TO AUTOMOBILE INSURANCE COVERAGE, THE REDUCTION OF CERTAIN BENEFITS, AND THE RIGHT TO CLAIM AND SUE FOR DAMAGES, SO AS TO PROVIDE THAT BENEFITS PAYABLE UNDER THE COVERAGES PROVIDED IN SECTION 38-77-240 AND SECTION 38-77-250 MUST BE REDUCED TO THE EXTENT THAT THE RECIPIENT HAS RECOVERED BENEFITS FROM ANY COLLATERAL SOURCE, TO DEFINE "COLLATERAL SOURCES", AND TO PROVIDE FOR THE DEDUCTION OF CERTAIN BENEFITS FROM ANY TORT RECOVERY, SETTLEMENT, OR JUDGMENT FOR BODILY INJURY AS PROVIDED IN SECTION 38-77-260; TO AMEND SECTION 38-77-290, RELATING TO AUTOMOBILE INSURANCE AND, AMONG OTHER THINGS, RECOVERY UNDER ONE POLICY, BY ADDING A SUBSECTION (g) SO AS TO PROVIDE THAT BENEFITS RECEIVED UNDER THE MEDICAID PROGRAM OF TITLE XIX OF THE SOCIAL SECURITY ACT MAY NOT BE CONSIDERED A COLLATERAL SOURCE; TO AMEND SECTION 38-77-260, RELATING TO AUTOMOBILE INSURANCE COVERAGE, GENERAL RELEASE, ASSIGNMENT OF CLAIMS, PORTION OF RECOVERY HELD IN TRUST FOR INSURER, AND INSURER'S RIGHTS OF REIMBURSEMENT, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT A CLAIMANT HAS NO RIGHT TO RECOVER AGAINST ANY PERSON ANY DAMAGES FOR WHICH PERSONAL INJURY BENEFITS ARE PAID OR PAYABLE UNDER SECTIONS 38-77-240 AND 38-77-250, ALLOW THE CLAIMANT TO PLEAD AND PROVE ALL OF HIS SPECIAL DAMAGES FOR WHICH HE HAS RECEIVED REIMBURSEMENT, PROVIDE THAT IF THESE SPECIAL DAMAGES ARE INTRODUCED INTO EVIDENCE, THE TRIER OF FACTS MAY NOT AWARD DAMAGES FOR WHICH PERSONAL INJURY BENEFITS ARE PAID OR PAYABLE, REQUIRE THE COURT, IN CERTAIN CASES, TO INSTRUCT THE JURY TO REDUCE ITS VERDICT BY THE AMOUNT OF THE PERSONAL INJURY BENEFITS PAID OR PAYABLE, AND PROVIDE FOR THE REDUCTION OF CERTAIN VOLUNTARY SETTLEMENTS; TO AMEND SECTION 56-9-330, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FURNISH ABSTRACTS OF MOTOR VEHICLE OPERATING RECORDS AND THE PROVISION THAT ABSTRACTS ARE INADMISSIBLE AS EVIDENCE, SO AS TO REQUIRE THE DEPARTMENT, UNDER CERTAIN CONDITIONS, TO FURNISH A MONTHLY LISTING BY MAGNETIC OR OTHER MEDIA OF ALL DRIVER'S LICENSE NUMBERS THAT HAD DRIVING VIOLATIONS POSTED DURING THE PREVIOUS MONTH; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION UNDER THE AUTOMOBILE INSURANCE LAWS AND TO DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE COVERAGE REQUIRED UNDER THIS SECTION IS NOT APPLICABLE WHEN, OR TO THE EXTENT THAT, ANY INSURED NAMED IN THE POLICY REJECTS THE COVERAGE IN WRITING, REQUIRE THE INSURER TO NOTIFY THE NAMED INSURED AT LEAST ANNUALLY OF HIS OPTIONS AS TO THE COVERAGE REQUIRED BY THIS SECTION, REQUIRE AUTOMOBILE INSURERS TO OFFER, AT THE OPTION OF THE INSURED, CERTAIN HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT INSURERS MAY OFFER NON-STACKABLE POLICIES OF UNINSURED MOTORIST COVERAGE CONTAINING POLICY PROVISIONS ESTABLISHING THAT, IF THE INSURED ACCEPTS THIS OFFER, THE COVERAGE PROVIDED AS TO TWO OR MORE MOTOR VEHICLES UNDER THE SAME OR DIFFERENT POLICIES MAY NOT BE ADDED TOGETHER, COMBINED, OR STACKED TO DETERMINE THE LIMIT OF INSURANCE COVERAGE AVAILABLE TO AN INJURED PERSON FOR ANY ONE ACCIDENT, WITH A CERTAIN EXCEPTION, AND ADD VARIOUS NEW PROVISIONS GOVERNING UNINSURED MOTORIST COVERAGE IN THE STATE; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, REQUIRE AUTOMOBILE INSURERS TO OFFER IN THE SAME MANNER AS DESCRIBED IN SECTION 38-77-150(B) UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE FOR THE MAXIMUM LIABILITY OF THE INSURER UNDER THE UNDERINSURED MOTORIST COVERAGE PROVIDED, PROVIDE THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION, PROVIDE THAT AN INSURED ENTITLED TO BENEFITS UNDER AN UNDERINSURED MOTORIST PROVISION IS NOT ENTITLED TO BENEFITS UNDER AN UNINSURED MOTORIST PROVISION OR LIABILITY PROVISION OF THE SAME POLICY WHICH INCLUDES THE UNDERINSURED MOTORIST PROVISION, PROHIBIT THE ADDING TOGETHER, COMBINING, OR STACKING OF THE LIMIT OF LIABILITY FOR UNDERINSURED MOTORIST COVERAGE FOR TWO OR MORE VEHICLES INSURED UNDER THE SAME OR DIFFERENT POLICIES FOR CERTAIN PURPOSES, PROVIDE THAT IF AN INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE UNDER MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT EXCEED THE HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE POLICY, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE NOT SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-240, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE COVERAGE, MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS, SO AS TO DELETE CERTAIN CODE REFERENCES AND LANGUAGE, TO PROVIDE THAT WHEN THE NAMED INSURED OR APPLICANT HAS INITIALLY SELECTED OR REJECTED THE PRESCRIBED COVERAGES, THE SELECTION OR REJECTION APPLIES TO ANY POLICY WHICH RENEWS, EXTENDS, CHANGES, SUPERSEDES, REINSTATES, OR REPLACES AN EXISTING POLICY EXCEPT UNDER CERTAIN CONDITIONS, AND TO INCLUDE FUNERAL HOMES AMONG THE LIST OF PERSONS OR ENTITIES TO WHOM ASSIGNMENT OF BENEFITS PAYABLE PURSUANT TO THIS SECTION MAY BE MADE; TO AMEND SECTION 38-77-210, RELATING TO THE PROVISIONS TO THE EFFECT THAT THE UNINSURED MOTORIST PROVISION NEED NOT INSURE ANY LIABILITY FOR PROPERTY DAMAGES FOR WHICH LOSS A POLICYHOLDER HAS BEEN COMPENSATED BY INSURANCE OR OTHERWISE, SO AS TO DELETE THOSE PROVISIONS, TO PROVIDE THAT THE BASIC AND ANY ADDITIONAL UNINSURED MOTORIST COVERAGE, AS WELL AS THE UNDERINSURED MOTORIST COVERAGE, IS OVER AND ABOVE, BUT MAY NOT DUPLICATE, THE BENEFITS AVAILABLE TO AN INSURED UNDER CERTAIN LAWS, CONTRACTS, OR PLANS, AND TO PROVIDE FOR WHAT SUCH COVERAGE SHALL COVER; TO AMEND SECTION 38-77-250, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT POLICY APPLICATIONS OFFER TO THE NAMED INSURED BENEFITS WITH ALTERNATIVE BENEFIT LEVELS, SO AS TO REQUIRE THE BENEFITS TO BE OFFERED ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-77-290(a), RELATING TO AUTOMOBILE INSURANCE AND RECOVERY UNDER ONE POLICY, BENEFITS PAYABLE FOR INJURIES TO OCCUPANTS AND PEDESTRIANS, EFFECT OF WORKERS' COMPENSATION BENEFITS, AND THE RIGHT TO SUE, SO AS TO PROVIDE THAT NO PERSON MAY RECOVER BENEFITS UNDER THE COVERAGES REQUIRED TO BE OFFERED IN EITHER SECTION 38-77-240 OR SECTION 38-77-250 FROM MORE THAN ONE POLICY OR INSURER ON EITHER A DUPLICATE OR SUPPLEMENTAL BASIS; TO AMEND SECTION 38-77-110, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, MAKE IT A VIOLATION OF THIS SECTION, AS WELL AS AN UNFAIR TRADE PRACTICE AS DESCRIBED IN SECTIONS 38-57-30 AND 38-57-40, FOR AN INSURER OR AN AGENT OF AN INSURER TO DO CERTAIN ACTS, REQUIRE EACH AUTOMOBILE INSURER TO OFFER OPTIONAL "FINANCIAL RESPONSIBILITY ONLY" POLICIES, PROVIDE THAT EVERY PREMIUM NOTICE FOR EVERY COMPLETED APPLICATION OR RENEWAL WHICH CONTAINS COVERAGE OR LIMITS IN EXCESS OF THE "FINANCIAL RESPONSIBILITY ONLY" POLICY SHALL PROMINENTLY STATE THE TOTAL PREMIUM WHICH WOULD HAVE BEEN CHARGED IF THE POLICY HAD BEEN A "FINANCIAL RESPONSIBILITY ONLY" POLICY, AND PROVIDE THAT IF THE INSURED HAS PURCHASED COVERAGE IN EXCESS OF THE MINIMUM POLICY LIMITS, THE INSURER MAY CANCEL THE EXCESS LIMITS; TO AMEND SECTION 38-77-115, RELATING TO AUTOMOBILE INSURANCE AND THE SIGN REQUIRED IN AN AGENT'S OFFICE OR PLACE OF BUSINESS, SO AS TO PROVIDE FOR ADDITIONAL INFORMATION WHICH MUST BE INCLUDED ON THE SIGN; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE THAT AN APPLICANT OR CURRENT POLICYHOLDER SEEKING INSURANCE MUST BE WRITTEN AT THE BASE RATE UNLESS, AMONG OTHER THINGS, THE NAMED INSURED OR ANY OPERATOR WHO IS NOT EXCLUDED IN ACCORDANCE WITH CERTAIN PROVISIONS OF LAW AND WHO RESIDES IN THE SAME HOUSEHOLD OR CUSTOMARILY OPERATES AN AUTOMOBILE INSURED UNDER THE SAME POLICY INDIVIDUALLY HAS, FOR THIRTY OR MORE DAYS WITHIN THE SIX MONTHS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE, OWNED OR OPERATED THE AUTOMOBILE TO BE INSURED, OR THE ONE IT REPLACES, WITHOUT LIABILITY COVERAGE IN VIOLATION OF THE LAWS OF THIS STATE; TO AMEND SECTION 38-73-735, RELATING TO THE STATE RATING AND STATISTICAL DIVISION WITHIN THE DEPARTMENT OF INSURANCE AND PLANS FOR CREDITS OR DISCOUNTS, SO AS TO PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY UNLESS THE CREDIT OR DISCOUNT IS GIVEN SOLELY FOR USE OF VEHICLE ANTI-THEFT OR SAFETY DEVICES; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND LICENSE PLATES, SO AS TO, AMONG OTHER THINGS, ALLOW AN INSURER TO GIVE NOTICE BY MAGNETIC MEDIA, WHEN A MOTOR VEHICLE IS OR BECOMES AN UNINSURED MOTOR VEHICLE, OF CANCELLATION OR REFUSAL TO RENEW INSURANCE, PROVIDE THAT THE INSURER NEED NOT PROVIDE NOTICE OF THE CANCELLATION OF EXCESS LIMITS ONLY, ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATIVE METHODS OF PROVIDING NOTICE OF CANCELLATION OR REFUSAL TO RENEW TO THE DEPARTMENT, CHANGE THE AMOUNT OF THE REINSTATEMENT FEE FROM TWENTY-FIVE DOLLARS TO SEVENTY-FIVE DOLLARS CONDITIONALLY, OR, OTHERWISE, TO TWO HUNDRED DOLLARS, AND CHANGE THE MONETARY PENALTY FOR WILFULLY FAILING TO RETURN MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES AS REQUIRED IN THIS SECTION FROM ONE HUNDRED TO TWO HUNDRED DOLLARS; TO PROVIDE THAT THIS ACT MAY NOT BE CONSTRUED TO REQUIRE THAT A NEW OFFER OF UNINSURED OR UNDERINSURED MOTORIST COVERAGE BE MADE ON ANY INSURANCE POLICY WHICH RENEWS, EXTENDS, CHANGES, SUPERSEDES, OR REPLACES AN EXISTING POLICY IF WRITTEN BY THE SAME INSURER; TO PROVIDE THAT FIRST RENEWAL NOTICES FOR EXISTING POLICIES AFTER THE EFFECTIVE DATE OF THIS ACT SHALL INCLUDE WRITTEN EXPLANATION OF COVERAGE AND OFFER AS PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER; TO PROVIDE THAT NO UNINSURED OR UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN THIS STATE BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE; TO PROVIDE THAT IN ALL CIVIL ACTIONS ANY PUNITIVE DAMAGES RECOVERED MUST BE PAID INTO THE STATE'S GENERAL FUND, WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT CERTAIN PROVISIONS OF THIS ACT DO NOT GRANT THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS THE RIGHT TO RECOVER PUNITIVE DAMAGES AND THAT THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS MAY NOT BE A PARTY TO ANY ACTION IN WHICH PUNITIVE DAMAGES ARE SOUGHT; TO PROVIDE THAT THE STATE HAS A RIGHT TO AN ACTION TO COLLECT PUNITIVE DAMAGES AFTER THEY ARE DETERMINED PAYABLE BY THE JUDGMENT OF A COURT OF RECORD; TO PROVIDE THAT THE STATE MAY SEEK PUNITIVE DAMAGES IN ITS OWN RIGHT WHERE AUTHORIZED BY LAW; TO AMEND SECTION 38-77-600, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO REQUIRE EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DISPLAY PROMINENTLY IN BOLD TYPE THE TOTAL ADJUSTED NET FACILITY OPERATING LOSS, AS WELL AS THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER; TO AMEND SECTION 38-77-310, RELATING TO AUTOMOBILE INSURANCE, PERSONS EXCLUDED FROM CERTAIN BENEFITS, AND BENEFITS WITH RESPECT TO MOTORCYCLES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING MOTORCYCLES, AND TO PROVIDE THAT THE COVERAGES UNDER SECTION 38-77-240 MAY EXCLUDE FROM BENEFITS ANY PERSON OTHERWISE INSURED UNDER THE POLICY WHO IS INJURED WHILE OPERATING OR OCCUPYING A MOTORCYCLE; AND TO REQUIRE THE STATE INSURANCE COMMISSION TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AT CERTAIN INTERVALS AFTER THE EFFECTIVE DATE OF THIS ACT AND TO ORDER RATE REDUCTIONS AS MAY APPEAR APPROPRIATE TO THE CHIEF INSURANCE COMMISSIONER.

Referred to Committee on Labor, Commerce and Industry.

H. 4148 -- Rep. Waldrop: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 16 SO AS TO ESTABLISH A DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DENTAL TECHNICIANS AND LABORATORIES ADVISORY BOARD, AND PROVIDE FOR ITS FUNCTIONS AND MEMBERSHIP, TO DEVOLVE THE DUTIES OF THE STATE BOARD OF DENTISTRY IN REGARD TO THE REGISTRATION OF DENTAL TECHNICIANS AND ORTHODONTIC TECHNICIANS UPON THE DEPARTMENT, TO PROVIDE FOR THE REGISTRATION OF COMMERCIAL DENTAL LABORATORIES BY THE DEPARTMENT AND THE REQUIREMENTS FOR REGISTRATION, TO PROVIDE FOR THE CONTINUING EDUCATION REQUIREMENTS FOR DENTAL TECHNICIANS, TO PROVIDE THAT COMMERCIAL DENTAL LABORATORIES SHALL PROVIDE DENTISTS IT PERFORMS WORK FOR WITH ITS REGISTRATION NUMBER, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

H. 4149 -- Reps. Clyborne, Gentry, Edwards, Washington, J. Brown, D. Martin and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-28 SO AS TO PROVIDE THAT A CERTIFIED POLITICAL PARTY MAY CONDUCT A PRESIDENTIAL PREFERENCE PRIMARY AND THE ELECTION LAWS OF THIS STATE APPLY TO THE PRIMARY.

Referred to Committee on Judiciary.

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

H. 3842 -- Reps. Rudnick and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321, SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.

Rep. WILKINS explained the Bill.

H. 3779 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME.

H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: A BILL TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION.

H. 3772--OBJECTION AND ORDERED TO THIRD READING     The following Bill was taken up.

H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER.

Rep. BLACKWELL objected to the Bill. Rep. WINSTEAD explained the Bill.

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

The following Bill was taken up.

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

Rep. WILKINS explained the Bill.

Rep. HASKINS spoke against the Bill.

Rep. HASKINS continued speaking.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Rep. HASKINS having the floor.

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the following Concurrent Resolution:

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

Rep. STODDARD moved that all candidates that have been screened be placed in nomination, which was agreed to.

Senator Hinson moved that all candidates who were screened and do not have opposition be elected by acclamation.

Rep. SHEHEEN raised the Point of Order that the election by acclamation of all candidates who had been screened and had no opposition would prevent any nominations from the floor.

The Lieutenant Governor sustained the Point of Order.

On motion of Rep. KIRSH, with unanimous consent, the Members of the House voted by electric roll call.

Rep. CORNING inquired whether nominating speeches would be allowed for any nominations from the floor of candidates who had not been screened.

The Lieutenant Governor stated that if a candidate was nominated from the floor, nominating speeches would be allowed for all candidates for that position.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Raymond M. Bost:

The following named Senators voted for Mr. Jimmy L. Green:

The following named Senators voted for Mr. James E. Jones, Jr.:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martin                 Martschink             McGill
McLeod                 Mitchell               Moore
Peeler                 Pope                   Powell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Stilwell               Thomas                 Waddell
Williams               Wilson

The following named Senators voted for Mr. Matthew E. Lynch:

The following named Senator voted for Dr. James A. Majeski:

The following named Senators voted for Mr. C. Phillip Marshall:

The following named Senators voted for Mr. William F. Prioleau, Jr.:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martin                 Martschink             McGill
McLeod                 Mitchell               Moore
Peeler                 Pope                   Powell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Smith, T.E.            Stilwell               Thomas
Waddell                Williams               Wilson

    The following named Reps. voted for Mr. Raymond M. Bost:

The following named Reps. voted for Mr. Jimmy L. Green:

Aydlette               Barfield               Bradley, J.
Brown, G.              Davenport              Phillips, O.
Winstead

The following named Reps. voted for Mr. James E. Jones, Jr.:

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

The following named Reps. voted for Mr. Matthew E. Lynch:

The following named Reps. voted for Dr. James A. MaJeski:

The following names Reps. voted for Mr. C. Phillip Marshall:

Bradley, J.D.          Holt                   Kohn

The following named Reps. voted for Mr. William F. Prioleau, Jr.:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corning                Dangerfield            Davenport
Day                    Edwards                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          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.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkins                Williams

Total Number of Senators voting     39
Total Number of Reps. voting     112
Grand Total     151
Necessary to a choice     76
Of which Mr. Bost received     O
Of which Mr. Green received     7
Of which Mr. Jones received     146
Of which Mr. Lynch received     O
Of which Dr. MaJeski received     1
Of which Mr. Marshall received     3
Of which Mr. Prioleau received     147

Whereupon the President announced that the Mr. James E. Jones, Jr., and Mr. William F. Prioleau, Jr., having received a majority of the votes cast, were duly elected for the term prescribed by law.

ELECTION OF CLEMSON UNIVERSITY BOARD OF TRUSTEES

Rep. McEACHIN nominated Allen Price Wood as follows:

"Mr. President, Mr. Speaker, members of the House and Senate, I rise today to nominate Allen Price Wood as a trustee for the Clemson University Board of Trustees. As to his qualifications for the position for the job much can be said. He is the husband of the former Josie Farrar Arthur, the father of Allen Price Wood, Jr. He is forty years of age. Allen Price Wood is a man of sentiment and stability.

He has been active in his community having served on the vestry of his church, served the Boy Scouts of America as District Committee Chairman and served various other civic and charitable organizations.

Allen Price Wood is an architect by vocation and a Clemson Alumni by avocation. He graduated from Clemson University with a Bachelor of Science in Architecture. He has been or is currently Clemson IPTAY Representative, member of the Clemson Board of Visitors, Clemson University Presidential Advisory Committee, and Clemson University Alumni Director.

He carries Clemson in his heart wherever he goes. He has been an Ambassador of goodwill for Clemson University his entire adult life. Your support of Allen Price Wood will perpetuate the excellent stewardship Clemson has enjoyed from its trustees."

On motion of Senator Garrison, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that John J. Britton, Louis B. Lynn, and Allen P. Wood were duly elected for the term prescribed by law.

I am pleased to second the nomination of Dr. J.J. Britton to the Clemson University Board. Dr. Britton is a very close friend of the Sumter County Delegation. He is a graduate of Clemson and has three daughters who graduated from Clemson and married Clemson Graduates. His son is now a sophomore at Clemson. He is truly dedicated to Clemson.
Rep. E.B. McLEOD

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Dr. Derrick:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martin                 Martschink             McConnell
McGill                 McLeod                 Mitchell
Moore                  Peeler                 Pope
Powell                 Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, J.V.
Smith, N.W.            Smith, T.E.            Stilwell
Thomas                 Waddell                Williams
Wilson

The following named Senators voted for Mr. Timpson:

The following named Reps. voted for Dr. Derrick:

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

The following named Reps. voted for Mr. Timpson:

Total Number of Senators voting     40
Total Number of Reps. voting     115
Grand Total     155
Necessary to a choice     78
Of which Dr. Derrick received     155
Of which Mr. Timpson received     0

Whereupon, the President announced that Fletcher C. Derrick, Jr., having received a majority of the votes cast, was duly elected for the term prescribed by law.

May the Journal reflect that I voted for the following:

The Citadel Board of Visitors: James E. Jones and William F. Prioleau, Jr.

Clemson University Board of Trustees: J.J. Britton, Allen Wood and Louis Lynn.

I was unable to be present at the actual election because of a Court appearance, which lasted longer than scheduled.
Rep. JOSEPH McELVEEN

On motion of Rep. WINSTEAD, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Dr. Charles Hanna was duly elected for the term prescribed by law.

Rep. HAYES withdrew Dr. Terry L. Dodge as a candidate.

Rep. FOSTER seconded the nomination of Dr. C.P. Fishburne, Jr.

On motion of Rep. FOSTER, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Dr. C.P. Fishburne, Jr., was duly elected for the term prescribed by law.

On motion of Senator Leatherman, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Dr. E. Conyers O'Bryan, Jr., was duly elected for the term prescribed by law.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Berlinsky:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martin                 Martschink             McConnell
McGill                 McLeod                 Mitchell
Moore                  Peeler                 Pope
Powell                 Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Smith, N.W.            Smith, T.E.
Stilwell               Thomas                 Waddell
Williams               Wilson

The following named Senators voted for Mr. Clemons:

The following named Senators voted for Ms. Fitzpatrick:

The following named Senators voted for Ms. Green:

The following named Senators voted for Mr. Horne:

The following named Senators voted for Mr. Kizer:

The following named Senators voted for Mr. Ray:

The following named Senators voted for Mr. Spence:

The following named Reps. voted for Mr. Berlinsky:

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

The following named Reps. voted for Mr. Clemons:

The following named Reps. voted for Ms. Fitzpatrick:

The following named Reps. voted for Ms. Green:

The following named Reps. voted for Mr. Horne:

The following named Reps. voted for Mr. Kizer:

The following named Reps. voted for Mr. Ray:

The following named Reps. voted for Mr. Spence:

Total Number of Senators voting     41
Total Number of Reps. voting     112
Grand Total     153
Necessary to a choice     77
Of which Mr. Berlinsky received     153
Of which Mr. Clemons received     0
Of which MS. Fitzpatrick received     0
Of which Ms. Green received     0
Of which Mr. Horne received     0
Of which Mr. Kizer received     0
Of which Mr. Ray received     0
Of which Mr. Spence received     0

Whereupon, the President announced that Mr. Melvyn Berlinsky having received a majority of the votes cast was duly elected for the term prescribed by law.

On motion of Rep. WINSTEAD, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Mr. Allan E. Stalvey was duly elected for the term prescribed by law.

On motion of Rep. WINSTEAD nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Dr. William Bruce Ezell, Jr., was duly elected for the term prescribed by law.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Dr. Hayward:

The following named Senators voted for Dr. McIver:

Branton                Bryan                  Doar
Drummond               Garrison               Giese
Hayes                  Hinson                 Lee
Leventis               Lindsay                Long
Lourie                 Macaulay               McGill
Mitchell               Moore                  Peeler
Pope                   Powell                 Russell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Smith, T.E.            Stilwell               Thomas
Williams

The following named Senators voted for Dr. Paschal:

Applegate              Wilson

The following named Senators voted for Mr. Thomas:

The following named Senators voted for Mr. Weaver:

Fielding               Martschink

The following named Senators voted for Mr. Zimmerman:

Leatherman             Martin                 Waddell

The following named Reps. voted for Dr. Hayward:

The following named Reps. voted for Dr. McIver:

Alexander, M.O.        Altman                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Brown, G.              Brown, R.              Burriss, J.H.
Carnell                Chamblee               Clyborne
Cooper                 Corning                Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Helmly
Hodges                 Huff                   Johnson, J.C.
Jones                  Kay                    Klapman
Lockemy                Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLeod, E.B.           McLeod, J.W.           Moss
Nesbitt                Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Snow
Stoddard               Taylor                 Thrailkill
Townsend               Tucker                 Waldrop
Wilkins                Williams

The following named Reps. voted for Dr. Paschal:

Brown, J.              Burriss, M.D.          Burriss, T.M.
Cole                   Hearn                  Humphries
Koon                   Lanford                Sturkie
Wells                  Wilder

The following named Rep. voted for Mr. Thomas:

The following named Reps. voted for Mr. Weaver:

Bradley, J.            Dangerfield            Kohn
Mappus                 Pettigrew              Whipper

The following named Reps. voted for Mr. Zimmerman:

Alexander, T.C.        Blanding               Brown, H.
Burch                  Gregory                Hendricks
Holt                   Keyserling             Kirsh
Martin, D.             McElveen               McLellan
McTeer                 Neilson                Simpson
White                  Winstead

Total Number of Senators voting     38
Total Number of Reps. voting     115
Grand Total     153
Necessary to a choice     77
Of which Dr. Hayward received     0
Of which Dr. McIver received     111
Of which Dr. Paschal received     11
Of which Mr. Thomas received     1
Of which Mr. Weaver received     8
Of which Mr. Zimmerman received     20

Whereupon, the President announced that Dr. Carolyn R. McIver having received a majority of the votes cast was duly elected for the term prescribed by law.

Senator Hinson, on behalf of the Lancaster Delegation seconded the nomination of Mr. James Bradley.

On motion of Senator Hinson, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon the President announced that Charles E. Simons, III, of the 2nd Judicial Circuit; Robert M. Bennett of the 4th Judicial Circuit; James Bradley of the 6th Judicial Circuit; Herbert Adams of the 8th Judicial Circuit; Lily Roland Hall of the 10th Judicial Circuit; William L. Bethea, Jr., of the 14th Judicial Circuit; Eugene Cater Floyd of the 15th Judicial Circuit and Samuel R. Foster, II, of the 16th Judicial Circuit were duly elected for the term prescribed by law.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Ayers:

The following named Senators voted for Dr. Efron:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martin                 Martschink             McConnell
McGill                 McLeod                 Mitchell
Moore                  Patterson              Peeler
Pope                   Powell                 Russell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Smith, T.E.            Stilwell               Waddell
Wilson

The following named Senators voted for Ms. Gibson:

The following named Senators voted for Ms. McBride:

Branton                Bryan                  Courson
Doar                   Drummond               Fielding
Garrison               Giese                  Hayes
Hinson                 Leatherman             Lee
Leventis               Lindsay                Long
Lourie                 Macaulay               Martin
Martschink             McGill                 McLeod
Mitchell               Moore                  Patterson
Peeler                 Pope                   Powell
Russell                Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, J.V.
Smith, N.W.            Smith, T.E.            Stilwell
Thomas                 Waddell                Williams
Wilson

The following named Senators voted for Mr. Rash:

Applegate              Branton                Courson
Giese                  Martin                 McConnell
Mitchell               Russell                Smith, N.W.
Stilwell               Thomas                 Williams
Wilson

The following named Senators voted for Mr. Stout, Jr.:

McConnell              Moore

The following named Senators voted for Ms. Wilson:

Applegate              Bryan                  Doar
Drummond               Fielding               Garrison
Hayes                  Hinson                 Leatherman
Lee                    Leventis               Lindsay
Long                   Lourie                 Macaulay
Martschink             McGill                 McLeod
Patterson              Peeler                 Pope
Powell                 Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, J.V.
Smith, T.E.            Waddell                Williams

The following named Reps. voted for Mr. Ayers:

The following named Reps. voted for Dr. Efron:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, G.             Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, M.D.          Carnell
Chamblee               Clyborne               Cooper
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Foxworth
Gentry                 Gordon                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Hodges
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Koon
Lockemy                Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Neilson
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Simpson
Snow                   Stoddard               Sturkie
Thrailkill             Townsend               Tucker
Waldrop                Whipper                White
Wilkins                Williams

The following named Reps. voted for Ms. Gibson:

The following named Reps. voted for Ms. McBride:

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

The following named Reps. voted for Mr. Rash:

Altman                 Arthur                 Aydlette
Bailey, G.             Baker                  Bradley, J.
Brown, H.              Brown, J.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cole                   Corning                Davenport
Edwards                Fair                   Felder
Ferguson               Foster                 Foxworth
Gordon                 Harvin                 Haskins
Hearn                  Hendricks              Humphries
Kirsh                  Klapman                Kohn
Koon                   Lanford                Lockemy
Mappus                 McCain                 Moss
Nettles                Pearce                 Pettigrew
Petty                  Phillips, O.           Sharpe
Sheheen                Short                  Simpson
Snow                   Taylor                 Thrailkill
Wells                  Wilkins                Williams
Winstead

The following named Reps. voted for Mr. Stout, Jr.:

Aydlette               Bailey, K.             Blackwell
Bradley, J.            Davenport              Foxworth
Gregory                Hendricks              Holt
Huff                   Jones                  Mappus
McTeer                 Rudnick                Wilder
Winstead

The following named Reps. voted for Ms. Wilson:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, G.              Brown, R.
Burch                  Carnell                Chamblee
Cooper                 Dangerfield            Day
Elliott                Faber                  Gentry
Gilbert                Gregory                Harris, J.
Harris, P.             Hayes                  Hodges
Johnson, J.C.          Kay                    Keyserling
Kirsh                  Klapman                Koon
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nesbitt                Pearce
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Shelton
Short                  Snow                   Stoddard
Sturkie                Townsend               Tucker
Waldrop                Whipper                White
Wilder

Total Number of Senators voting     42
Total Number of Reps. voting     110
Grand Total     152
Necessary to a choice     77
Of which Mr. Ayers received     0
Of which Dr. Efron received     132
Of which Ms. Gibson received.     0
Of which Ms. McBride received     146
Of which Mr. Rash received     65
Of which Mr. Stout, Jr. received     18
Of which Ms. Wilson received     94

Whereupon, the President announced that Dr. Marvin Efron, Ms. Wilhelmina McBride and Ms. Olive F. Wilson, having received a majority of the votes cast were duly elected for the term prescribed by law.

Senator Bryan withdrew A. Keith Bridges as a candidate.

Rep. McEACHIN withdrew James A. Franklin, Sr., as a candidate.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Douglas:

Applegate              Branton                Bryan
Courson                Doar                   Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Holland
Leatherman             Lee                    Leventis
Lindsay                Long                   Lourie
Macaulay               Martin                 Martschink
McConnell              McGill                 Mitchell
Moore                  Peeler                 Pope
Powell                 Russell                Saleeby
Setzler                Shealy                 Smith, H.C.
Smith, J.V.            Smith, N.W.            Stilwell
Thomas                 Waddell                Williams
Wilson

The following named Senators voted for Mr. Lindsay:

Branton                Courson                Drummond
Fielding               Garrison               Giese
Hayes                  Hinson                 Lee
Lindsay                Lourie                 Martin
Mitchell               Patterson              Russell
Saleeby                Setzler                Smith, H.C.
Smith, J.V.            Smith, T.E.            Stilwell
Waddell                Wilson

The following named Senators voted for Ms. McMillan:

Applegate              Bryan                  Doar
Holland                Leatherman             Leventis
Long                   Macaulay               Martschink
McConnell              McGill                 Moore
Patterson              Peeler                 Pope
Powell                 Shealy                 Smith, N.W.
Smith, T.E.            Thomas                 Williams

The following named Reps. voted for Ms. Douglas:

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

The following named Reps. voted for Mr. Lindsay:

Alexander, T.C.        Aydlette               Blackwell
Bradley, J.            Burriss, T.M.          Corning
Dangerfield            Day                    Derrick
Edwards                Faber                  Felder
Foxworth               Gordon                 Harris, J.
Harris, P.             Harvin                 Hearn
Johnson, J.C.          Klapman                Kohn
Koon                   Mappus                 Martin, L.
McAbee                 McBride                McKay
McLellan               McTeer                 Neilson
Phillips, L.           Rice                   Rogers, J.
Rogers, T.             Rudnick                Short
Sturkie                Taylor                 Tucker

The following named Reps. voted for Ms. McMillan:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blanding
Boan                   Bradley, J.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, J.H.          Chamblee
Cole                   Cooper                 Davenport
Edwards                Elliott                Fair
Ferguson               Foster                 Gentry
Gilbert                Gregory                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Humphries
Jones                  Kay                    Keyserling
Kirsh                  Kohn                   Lanford
Lockemy                Martin, D.             Mattos
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, O.
Rhoad                  Rogers, T.             Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Stoddard
Thrailkill             Townsend               Waldrop
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total Number of Senators voting     42
Total Number of Reps. voting     112
Grand Total     154
Necessary to a choice     78
Of which Ms. Douglas received     143
Of which Mr. Lindsay received     62
Of which Ms. McMillan received     103

Whereupon, the President announced that Ms. Mary Anne D. Douglas, and Ms. Susan H. McMillan, having received a majority of the votes cast were duly elected for the term prescribed by law.

Rep. SHEHEEN withdrew Judy A. Brock as a candidate.

Rep. BLANDING withdrew Colleen Yates as a candidate.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Bettis:

Bryan                  Courson

The following named Senators voted for Mr. Crane:

Applegate              Branton                Doar
Drummond               Fielding               Garrison
Hayes                  Hinson                 Holland
Leatherman             Lee                    Lindsay
Long                   Macaulay               Martin
Martschink             McGill                 Mitchell
Moore                  Patterson              Peeler
Pope                   Powell                 Russell
Saleeby                Setzler                Shealy
Smith, H.C.            Smith, J.V.            Smith, N.W.
Smith, T.E.            Stilwell               Thomas
Waddell                Wilson

The following named Senator voted for Dr. Trout:

The following named Rep. voted for Mr. Bettis:

The following named Reps. voted for Mr. Crane:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, H.              Brown, J.
Brown, R.              Burch                  Burriss, J.H.
Burriss, M.D.          Carnell                Chamblee
Cole                   Cooper                 Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gentry
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   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
Snow                   Sturkie                Taylor
Thrailkill             Townsend               Waldrop
Wells                  White                  . Wilder
Wilkins                Williams               Winstead

The following named Reps. voted for Dr. Trout:

Total Number of Senators voting     38
Total Number of Reps. voting     105
Grand Total     143
Necessary to a choice     77
Of which Mr. Bettis received     3
Of which Mr. Crane received     139
Of which Dr. Trout received     1

Whereupon, the President announced that Mr. Andrew M. Crane, having received a majority of the votes cast was duly elected for the term prescribed by law.

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 1375 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 13, 1988, IMMEDIATELY FOLLOWING THE CONCLUSION OF THE ELECTIONS OF THE GOVERNING BODIES OF CERTAIN COLLEGES AND UNIVERSITIES SET BY THE PROVISIONS OF H. 3788 AND THE PRESENTATION OF THE SOUTH CAROLINA FOLK HERITAGE AWARD SET BY THE PROVISIONS OF H. 4037, AS THE TIME FOR ELECTING SUCCESSORS OF THE CIRCUIT COURT JUDGES OF THE THIRD, FOURTH, SEVENTH, EIGHTH, TENTH, ELEVENTH, TWELFTH, THIRTEENTH, AND FOURTEENTH CIRCUITS WHOSE TERMS ARE EXPIRING.

The President announced that nominations were in order for Circuit Court Judges.

Senator Thomas E. Smith, Jr., on behalf of the Joint Screening Committee, nominated the following: the Honorable David F. McInnis of Sumter, Third Judicial Circuit; the Honorable Edward B. Cottingham of Bennettsville, Fourth Judicial Circuit; the Honorable E.C. Burnett, III of Pauline, Seventh Judicial Circuit; the Honorable James E. Moore of Greenwood, Eighth Judicial Circuit; the Honorable William H. Ballenger of Walhalla, Tenth Judicial Circuit; the Honorable Julius H. Baggett of Leesville, Eleventh Judicial Circuit; the Honorable Hubert E. Long of Leesville, Eleventh Judicial Circuit; the Honorable John H. Waller, Jr. of Mullins, Twelfth Judicial Circuit; the Honorable C. Victor Pyle, Jr. of Greenville, Thirteenth Judicial Circuit; the Honorable Luke N. Brown, Jr. of Ridgeland, Fourteenth Judicial Circuit.

On motion of Senator Thomas E. Smith, Jr., nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon the President announced that the Honorable David F. McInnis; the Honorable Edward B. Cottingham; the Honorable E.C. Burnett, III; the Honorable James E. Moore; the Honorable William H. Ballenger; the Honorable Julius H. Baggett; the Honorable Hubert E. Long; the Honorable John H. Waller, Jr.; the Honorable C. Victor Pyle, Jr., and the Honorable Luke N. Brown, Jr. were duly elected for the term prescribed by law.

I did not vote in the election of Judge Baggett. His decisions have caused my constituents and me much concern.

Rep. JARVIS R. KLAPMAN

I'm pleased, as Chairman of the Sumter Legislative Delegation, to second the nomination of Judge McInnis.

Rep. LARRY BLANDING

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 4037 -- Rep. Shelton: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE IMMEDIATELY FOLLOWING THE CONCLUSION OF THE ELECTION OF SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES SET BY THE PROVISIONS OF H. 3788 OF 1988, AND TO RECOGNIZE AND COMMEND THEM FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 1988 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Doar, Applegate and Garrison and Reps. KEYSERLING, J. HARRIS, T. ROGERS and SHELTON.

The SPEAKER recognized the President of the Senate who introduced the honored guests as follows:

Lieutenant Governor Theodore:

"Thank you, Mr. Speaker. Today we are certainly honored for the first time to recognize these outstanding individuals, South Carolinians and their neighbors, who have been keeping the folk arts alive in our great state. Folk arts are the community values of art. While each of us, of course, is a folk artist in our own way, others among us have spent their lifetime learning and practicing these skills so that their neighbors could be satisfied. It is this lifetime of community service through the arts that the South Carolina Folk Heritage Awards celebrates. Several people have or should be recognized for their contributions to creating this award. Members of the Joint Legislative Committee on Cultural Affairs, chaired by Representative Harriet Keyserling, Mr. Gilbert Blue of York County, Mrs. Margaret Christmus of Greenville County, Ms. Nana Farris of Aiken County, Mr. Walter Hathaway of Richland County, Mrs. Henrietta Snype of Charleston County, Representative Sara Shelton and Dr. Gary Stanton, the South Carolina Folk Arts coordinator. I think they deserve a round of applause at this time.

Our first recipient today is Elbert Brown. Mr. Brown is 93 years old and has lived in Anderson County all his life. He learned to make split oak baskets and fish traps from his father and uncle. He has shared his talents widely with the people of Pickens, Anderson and Oconee Counties. In gratitude for his perseverance and the quality of his work, we present him the South Carolina Folk Heritage Award.

The Chosen Sisters, Rosa Mae, Alberteen and Albertha Tucker from Georgetown County, over the past thirty years, have been singing gospel music and spirituals in styles that they learned in the churches around their home. They have also carried their special talents to the South Carolina State Fair, entertained the American Folklife Center of the Library of Congress and participated in the 1987 National Folk festivities in Lowell, Massachusetts. In gratitude for their strength and commitment to this centuries-old singing tradition, we present to them the South Carolina Folk Heritage Award.

Neither 'Snuffy' Jenkins nor 'Pappy' Sherrill were born in South Carolina, but for the past fifty years they have been playing music from the Columbia area and acting as ambassadors, ambassadors for our style of country music in the Carolinas. They have traveled thousands of miles performing in schools and community buildings around the Carolinas and in the State of Georgia. In gratitude for keeping country music alive in South Carolina, we present the South Carolina Folk Heritage Award to 'Snuffy' Jenkins and 'Pappy' Sherrill.

Philip Simmons has spent his life working to keep Charleston a city with unique architectural history. He is the last of the old time blacksmiths, working over a forge to create the wrought iron gates, screens, window lattices and stair rails that are integral and all of us see how the people of Charleston use them in their very outstanding, unique designs. His work is recognized as superlative nationally. In 1982 he was given one of the first National Heritage Awards by the National Endowment for the Arts. For his creative genius and his devotion to the physically demanding art of blacksmithing, we present the South Carolina Folk Heritage Award to Philip Simmons."

Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the SPEAKER announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

At 1:05 P.M. the House resumed, the SPEAKER in the Chair.

Rep. BLACKWELL moved that the House recede until 2:30, which was adopted.

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.

A quorum was later present.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

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

Rep. RUDNICK objected to the Bill.

The SPEAKER granted Rep. T.C. ALEXANDER a temporary leave of absence.

Rep. RUDNICK spoke against the Bill.

Rep. HASKINS moved to table the Bill.

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

Those who voted in the affirmative are:

Arthur                 Aydlette               Blackwell
Foxworth               Haskins                Hendricks
Jones                  Klapman                McGinnis
Pettigrew              Rudnick                Thrailkill
Tucker

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Blanding
Boan                   Brown, H.              Brown, R.
Burch                  Carnell                Chamblee
Clyborne               Cooper                 Cork
Dangerfield            Day                    Fair
Ferguson               Foster                 Gordon
Hayes                  Hearn                  Hodges
Huff                   Humphries              Johnson, J.W.
Keyserling             Kirsh                  Lockemy
Mappus                 Martin, D.             Martin, L.
McAbee                 McBride                McKay
McLellan               McLeod, E.B.           McTeer
Nesbitt                Pearce                 Petty
Phillips, L.           Rice                   Rogers, J.
Rogers, T.             Sharpe                 Sheheen
Shelton                Simpson                Snow
Taylor                 Townsend               Wilder
Wilkins                Williams

So, the House refused to table the Bill.

The question then recurred to the passage of the Bill on second reading, which was agreed to.

Please record my vote as affirmative on S. 1139.

Rep. G. BROWN

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

H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.

The following Bill was taken up.

H. 3482 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS AND PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-310 SO AS TO PROVIDE THAT THESE DISTRICTS, NOT OTHERWISE EMPOWERED TO CONDEMN BY LAW, ARE GRANTED THE POWER OF EMINENT DOMAIN AND FOR THIS PURPOSE ARE CONSIDERED TO BE "CONDEMNORS" WITHIN THE MEANING OF THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2316J), which was adopted.

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

/SECTION 1. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:

"Section 6-11-310. A special purpose district or public service district desiring to become the owner of land or to acquire an easement or right-of-way for an authorized public purpose for which the district was established has the right to condemn such land or right-of-way or easement, subject to the general law of this State within and without the territorial limits in the county in which it is situated and in an adjoining county, except that a district may not condemn land outside its territorial limits for purposes of establishing a park, playground, or recreational facility, and the establishment of a park, playground, or recreational facility by a district outside its territorial limits is not considered to be a public purpose of the district for which the power of eminent domain may be used. A municipality desiring to become the owner of land or to acquire an easement or right-of-way within the geographic area of such a district for the benefit of municipal residents has the right to condemn the land or easement and install facilities therein special legislation to the contrary notwithstanding but the acquisition of land or easements or rights-of-way does not affect the service rights of public bodies as established by general law. Nothing in this section authorizes or permits the condemnation of a facility or an easement or right-of-way granted to or used by an electric cooperative, the South Carolina Public Service Authority, or an electric or gas utility company nor amends or modifies the provisions of Sections 58-27-650, 58-27-670, 58-27-680, and 58-27-690 including, but not limited to, Section 58-27-1360."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2382J), which was adopted.

Amend the bill, as and if amended, page 356, by striking beginning on line 19 Section 36-11-101 as contained in SECTION 7 and inserting:

/Section 36-11-101. Effective date of 1988 amendments. The amendments to Title 36 contained in this chapter become effective at 12:01 a.m. on January 1, 1989. The amendments to Title 36 contained in this chapter are officially designated as the 1988 UCC Amendments; and the provisions of Act 1065 of 1966 are officially designated as the 1966 UCC."/

Amend the bill further, page 393, by striking beginning on line 40 subsection (C) as contained in SECTION 9 and inserting:

/(C) All other acts, parts of acts, or provisions of the 1976 Code which are inconsistent with this act are repealed./

Amend the bill further, page 407, by striking SECTION 11 and inserting:

/SECTION 11. This act takes effect January 1, 1989./

Amend section headings, analysis lines, and title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Reps. HAYES and WILKINS proposed the following Amendment No. 2 (Doc. No. 2388J), which was adopted.

Amend the bill, as and if amended, by striking the terms /1987 UCC Amendments/ and /1987 UCC Amendments/ where they appear in the bill and inserting /1988 UCC Amendments/.

Amend section headings, analysis lines, and title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

Rep. HAYES explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.

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

The following was received.
Columbia, S.C., April 13, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 532:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was introduced:

H. 4150 -- Reps. Keyserling, Edwards, Sturkie, Pearce and McTeer: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON SOLID WASTE DISPOSITION TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE, AND ESPECIALLY THOSE DISPOSITION METHODS THAT PROVIDE ALTERNATIVE SOURCES OF ENERGY, INCLUDING ENERGY CONSERVATION, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1989, AND AFTER THE FINAL REPORT AND RECOMMENDATION, THE COMMITTEE IS DISSOLVED.

The Concurrent Resolution was ordered referred to the Committee on Agriculture and Natural Resources.

The following was introduced:

H. 4151 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. FRANK M. THOMAS, RETIRED AIKEN COUNTY TREASURER, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

The Senate sent to the House the following:

S. 1402 -- Senator Garrison: A CONCURRENT RESOLUTION INVITING THE MEMBERS OF THE GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS TO ATTEND THE FIFTEENTH ANNUAL OLD FARM DAY SHOW APRIL 30 AND MAY 1, 1988, AT VETERAN'S PARK IN PENDLETON, IN ANDERSON COUNTY, SOUTH CAROLINA.

Whereas, agriculture is the life blood of the economy of South Carolina and it is appropriate that all South Carolinians should educate themselves on the great agricultural tradition of this State; and

Whereas, on April 30 and May 1, 1988, in Veteran's Park in Pendleton, South Carolina, in Anderson County, there is scheduled the fifteenth annual Old Farm Day Show, an opportunity for the public to examine the implements and equipment of a bygone era in South Carolina agriculture and to take in various entertainments that will make the show enjoyable for all ages. Now, therefore,

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

That the members of the General Assembly and all South Carolinians are invited to attend the Fifteenth annual Old Farm Day Show April 30 and May 1, 1988, at Veteran's Park in Pendleton, in Anderson County, South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Messrs. Ernest and Norman Durham of Pendleton, South Carolina.

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

The Senate sent to the House the following:

S. 1403 -- Senators Leventis and Land: A CONCURRENT RESOLUTION SALUTING THE SUMTER HIGH SCHOOL SHOW CHOIR FOR BEING INVITED TO SING SOLO AT CARNEGIE HALL IN NEW YORK CITY ON SUNDAY, APRIL 24, 1988.

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

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

H. 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.

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

H. 4153 -- Reps. L. Phillips, O. Phillips, Shelton, Day, Faber, Fair, McGinnis, Nesbitt, Keyserling, Mattos and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-60 SO AS TO AUTHORIZE ANY SCHOOL DISTRICT IN THE STATE TO OFFER AN EARLY RETIREMENT PROGRAM FOR CERTAIN TEACHERS AND PROVIDE THAT ALL COSTS ASSOCIATED WITH THE PROGRAM MUST BE BORNE BY ANY DISTRICT OFFERING IT.

Referred to Committee on Ways and Means.

H. 4154 -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING FOUR HUNDRED THOUSAND DOLLARS TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

Referred to Clarendon Delegation.

H. 4155 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF FIRE MARSHAL, RELATING TO CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4156 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF FIRE MARSHAL, RELATING TO EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4157 -- Rep. Ferguson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1105 SO AS TO PROVIDE FOR THE COMPOSITION OF A JURY IN A CRIMINAL CASE IF THE DEFENDANT IS BLACK AND IF HE IS WHITE.

Referred to Committee on Judiciary.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.

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

The following Bill was taken up.

H. 3816 -- Rep. Wilkins: A BILL TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME, AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2867J), which was adopted.

Amend the bill, as and if amended, in Section 23-4-110 of the 1976 Code, as contained in Section 2, by striking /the heads of the following criminal justice agencies/ which begins on line 9 of the section and inserting / the heads of the following criminal justice agencies agency heads/.

When amended, Section 23-4-110 shall read:

/Section 23-4-110. There is hereby created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee shall must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially appointed members, the heads of the following criminal justice agencies agency heads shall be are ex officio voting members:

(A) Commissioner, South Carolina Department of Corrections.

(B) Probation, Parole, and Pardon Board Executive Director, South Carolina Department of Parole and Community Corrections.

(C) Chief, State Law Enforcement Division.

(D) State Attorney General.

(E) Commander, State Highway Patrol.

(F) Commissioner, South Carolina Department of Youth Services.

(G) Director, South Carolina Office of State Court Administration.

(H) Chief Justice, South Carolina The Supreme Court.

(I) Chairman, House Judiciary Committee.

(J) Chairman, Senate Judiciary Committee.

(K) Juvenile Placement and Aftercare Director, South Carolina Commission on Alcohol and Drug Abuse.

(L) Executive Director, South Carolina Criminal Justice Academy.

(M) Chairman, Governor's Juvenile Justice Advisory Council.

The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall not exceed twenty-five twenty-eight. The Governor shall appoint the chairman of the committee and vice chairman of the committee and such subcommittees, as he deems necessary. The Executive Director of the Office of Criminal Justice Division of Public Safety Programs shall serve as the executive secretary of the committee, but shall may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2874J), which was adopted.

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

/SECTION 1. Section 14-7-870 of the 1976 Code, as amended by Act 340 of 1986, is further amended to read:

"Section 14-7-870. Whenever a juror is so excused, unless the cause of the excuse is permanent physical disability of the juror or the juror is a member of one of the classes of persons set forth in Section 14-7-840, the name of the juror must be placed by the jury commissioners on the succeeding panel of the same term, or the next term or a subsequent term of court, unless the panel from which the juror is excused is the last panel for the term, in which event the name of the juror must be placed by the jury commissioners on the first panel of the succeeding term of court. The name of such the juror so placed on any panel must be in addition to the seventy-five names required to be placed thereon on the panel under the provisions of Section 14-7-2001 and the juror shall attend the court on the first day of the week for which he has been so designated without the issuance or service of any further process. He shall serve as a substitute on the panel in the stead and place of any one of the jurors drawn on the panel whose attendance cannot then be procured or who may be excused from attendance on the panel for cause as provided in this article. Nothing in this article may be construed as requiring the services of any person as a juror during any calendar year other than the calendar year for which he has been originally drawn under the provisions of Section 14-7-200."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

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

S. 1136 -- Senators Drummond and Thomas E. Smith, Jr,: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.

S. 1107 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING.

S. 1117 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES.

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

Rep. WILKINS explained the Bill.

H. 3820 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-205 SO AS TO ALLOW INSURANCE AGENTS CONDITIONALLY TO SPLIT A COMMISSION ON THE COOPERATIVE SALE OF A POLICY OF INSURANCE EVEN THOUGH ONLY ONE OF THE AGENTS WAS LICENSED FOR THE INSURER WHOSE POLICY OF INSURANCE WAS THE POLICY SOLD.

H. 4069 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 938, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. J. BRADLEY explained the Joint Resolution.

H. 4070 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4071 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND THE INSURANCE OR BOND REQUIRED OF CERTIFICATE HOLDERS GENERALLY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL, IN THE GRANTING OF A CERTIFICATE, REQUIRE THE APPLICANT TO PROCURE AND FILE EITHER LIABILITY AND PROPERTY DAMAGE INSURANCE, A SURETY BOND, OR A CERTIFICATE OF SELF-INSURANCE, RATHER THAN LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND ONLY, AND TO PROVIDE THAT THE POLICY OF INSURANCE, THE SURETY BOND, OR THE CERTIFICATE OF SELF-INSURANCE MUST CONTAIN SUCH CONDITIONS, PROVISIONS, AND LIMITATIONS AS THE COMMISSION MAY PRESCRIBE.

The following Bill was taken up.

H. 3764 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTIONS 38-39-20 AND 38-39-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE BUSINESS SO AS TO INCREASE THE LICENSE FEE FOR A PERSON ENGAGING IN THE INSURANCE PREMIUM SERVICE BUSINESS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO PROVIDE NET WORTH REQUIREMENTS OF ONE HUNDRED THOUSAND DOLLARS OF LICENSEES AND TO ALLOW PRESENT LICENSEES FIVE YEARS TO INCREASE THEIR NET WORTH TO ONE HUNDRED THOUSAND DOLLARS UPON POSTING A FIDELITY BOND OR PROVING FINANCIAL RESPONSIBILITY OF FIFTY THOUSAND DOLLARS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2718J), which was adopted.

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

/SECTION 1. Section 38-39-20(b) of the 1976 Code is amended to read:

"(b) The annual license fee is five hundred one thousand dollars payable by March first to the Commissioner, to be deposited by him in the state treasury."

SECTION 2. Following the effective date of this act, the annual license fee increased by Section 1 must be increased in one hundred dollar increments from five hundred dollars and paid by March first of each year until it reaches one thousand dollars a year.

SECTION 3. Section 38-39-30(b)(4) of the 1976 Code is amended to read:

"(4) Has on deposit with the Commissioner a surety bond in the amount of fifty thousand dollars or have proven financial responsibility by depositing with the Commissioner acceptable securities in the amount of fifty thousand dollars. The bond or the deposit of securities must be held for the reimbursement of parties damaged through the acts, neglects, defaults, or insolvency of the premium service company; and Has a net worth of one hundred thousand dollars."

SECTION 4. A person licensed to engage in the insurance premium service business on the effective date of this act has five years from the effective date to increase his net worth to one hundred thousand dollars, and during that time he must maintain a fidelity bond in the amount of fifty thousand dollars or prove financial responsibility by depositing with the Commissioner acceptable securities in the amount of fifty thousand dollars until the one hundred thousand dollar net worth requirement is met. The bond or deposit of securities must be held for the reimbursement of parties damaged through the acts of neglect, default, or insolvency of the premium service company.

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. J. BRADLEY 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. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6357k), which was adopted.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 52-7-145. No member of the state commission, the county commissions, ringside physicians, or the commission's unpaid agents may be held liable for acts performed in the course of their official duties."

SECTION 2. The 1976 Code is amended by adding:

"Section 52-7-75. If a promoter knowingly does not apply for a permit at the time and according to the procedures stipulated in the regulations of the commission, the permit may be denied.

However, the Chief Commissioner may issue a permit if the application and other required items are received by the commissioner after the deadline if he is satisfied everything else is in order and if the promoter pays a fine of not less than twenty-five dollars a day nor more than one hundred dollars a day for each day that the application for the permit is submitted past the deadline date. Payment of the fine does not preclude action authorized under Sections 52-7-60 and 52-7-150."

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

Amend title to conform

Rep. L. MARTIN 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 to adjourn debate upon the following Joint Resolution until Thursday, April 14, which was adopted.

H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.

The following Bill was taken up.

S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2958J).

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

/SECTION 1. Section 16-11-700(C) of the 1976 Code, as amended by Act 135 of 1987, is further amended to read:

"(C)(1) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars nor more than two hundred dollars for each offense. In addition to any fine and for each offense under the provisions of this item, the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(2) The fine for a deposit of a collection of litter or garbage in an area or facility not intended for public deposit of litter or garbage is two hundred dollars. The provisions of this item apply to a deposit of litter or garbage, as defined in Section 44-67-30(4), in an area or facility not intended for public deposit of litter or garbage, provided,however but this shall does not prohibit a private property owner from depositing litter or garbage as a property enhancement so long as if the depositing does not violate applicable local or state health and safety regulations. In addition to any fine and for each offense under the provisions of this item the court must also impose a minimum of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court.

(3) No part of any fine imposed pursuant to items (1) or (2) of this subsection may be suspended.

(3)(4) The court, in lieu of payment of the any monetary fine imposed for a violation of this section, may direct the substitution of additional litter-gathering labor, or other such public service as the court may order because of physical or other incapacities, under the supervision of the court, not to exceed one hour for each five dollars of fine imposed.

(4)(5) For a second conviction under the provisions of items (1) or (2) of this subsection, a minimum of twenty hours of community service must be imposed in addition to any fine.

(5)(6) In addition to any other punishment authorized by this section, in the sound discretion of any court in which conviction is obtained, the person may be directed by the judge to pick up and remove from any public place or any private property, with prior permission of the legal owner upon which it is established by competent evidence that the person has deposited litter, all litter deposited on the place or property by anyone before the date of execution of sentence.

(6)(7) Notwithstanding any other provision of law, magistrates and municipal courts have jurisdiction to try violations of this section."/

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. KIRSH, with unanimous consent, amended the amendment at the desk.

Rep. WILKINS continued speaking.

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

The following Bill was taken up.

H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL AND CRIMINAL ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2957J), which was adopted.

Amend the bill, as and if amended, by striking Section 33-49-680(B) as contained in Section 1, beginning on page 1, and inserting:

/(B) A cooperative may indemnify a person who was or is a party to any action, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the cooperative), because he is or was a trustee, officer, employee, or agent of the cooperative, or is or was serving at the request of the cooperative as a trustee or director of another cooperative or affiliated organization, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with the action if he acted in good faith and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of an action by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent does not create a presumption that the person did not act in good faith and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

A cooperative may indemnify a person who was or is a party to an action by or in the right of the cooperative to procure a judgment in its favor because he is or was a trustee or director of the cooperative or affiliated organization, or is or was serving at the request of the cooperative as a trustee or director of another cooperative or affiliated organization, against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of the action if he acted in good faith. Indemnification may be made in respect of any issue for which the person has been adjudged to be liable to the cooperative only to the extent that the officer presiding over the action determines upon application that, despite the adjudication of liability, the person is entitled to indemnity for expenses which the presiding officer considers proper./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

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

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

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

Rep. BARFIELD withdrew his objection to the following Bill.

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.

On motion of Rep. LOCKEMY, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 1357 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HASKINS asked unanimous consent to recall S. 660 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

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

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

The House refused to adjourn by a division vote of 14 to 66.

Rep. DAVENPORT moved to adjourn debate upon the Senate Amendments to the following Bill until Thursday, April 21, which was adopted.

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

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

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

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

Reps. WILKINS and HUFF proposed the following Amendment No. 2 (Doc. No. 3044J), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 3 and 4 from the bill in their entirety.

Renumber remaining sections to conform.

Amend title to conform.

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

Rep. J. BRADLEY moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, April 19, which was adopted.

H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.

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

H. 3625 -- Rep. Carnell: A BILL TO AMEND SECTION 61-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS INELIGIBLE FOR A RETAIL LIQUOR LICENSE, SO AS TO ADD A PROVISION REQUIRING A PERSON TO HAVE BEEN A RESIDENT OF THIS STATE FOR AT LEAST ONE YEAR PRIOR TO THE DATE OF APPLICATION AND DELETE THE PROVISIONS REGARDING RESIDENCY AND MAINTENANCE OF A PRINCIPAL PLACE OF ABODE IN THE COUNTY IN WHICH THE PROPOSED BUSINESS IS TO BE LOCATED AND OPERATED.

Rep. WILKINS explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 2807 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTIONS 44-29-60 THROUGH 44-29-110, 44-29-130 THROUGH 44-29-140, 44-29-190, AND 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENEREAL DISEASES, SO AS TO CHANGE THE REFERENCE TO SYPHILIS, GONORRHEA, CHANCROID, AND VENEREAL DISEASES TO SEXUALLY TRANSMITTED DISEASES, REQUIRE PERSONS INFECTED WITH A SEXUALLY TRANSMITTED DISEASE TO IDENTIFY THOSE PERSONS WITH WHOM THEY HAVE HAD SEXUAL CONTACT, REQUIRE PRISONERS WHO HAVE A SEXUALLY TRANSMITTED DISEASE AT THE TIME OF EXPIRATION OF THEIR TERM OF IMPRISONMENT TO BE ISOLATED AND TREATED AT PUBLIC EXPENSE UNTIL IN THE JUDGMENT OF THE LOCAL HEALTH OFFICER THE PRISONER MAY BE MEDICALLY DISCHARGED OR HE MAY BE REQUIRED TO REPORT TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO INCREASE THE PENALTY FOR EXPOSING ANOTHER TO A SEXUALLY TRANSMITTED DISEASE, FOR FAILING TO REPORT, FOR FAILING TO EXAMINE AND TREAT PRISONERS, AND FOR FAILING TO KEEP CONFIDENTIALITY OF RECORDS OF A SEXUALLY TRANSMITTED DISEASE FROM NOT MORE THAN TWENTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN TWENTY DAYS TO NOT MORE THAN THIRTY DAYS; AND TO INCREASE THE PENALTY FOR SCHOOL OFFICIALS WHO ADMIT ANY PERSON WITHOUT FIRST SECURING EVIDENCE THAT THE PERSON HAS BEEN VACCINATED AND IMMUNIZED FROM NOT MORE THAN FIFTY DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-29-145 SO AS TO MAKE IT UNLAWFUL FOR ANYONE KNOWINGLY INFECTED WITH ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) TO KNOWINGLY EXPOSE ANOTHER PERSON TO AIDS THROUGH EXCHANGE OF BLOOD PRODUCTS OR BODY FLUIDS.

Rep. LOCKEMY explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. J. BRADLEY moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, April 19, which was adopted.

H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.

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

H. 3580 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTIONS 40-51-110 AND 40-51-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRY, SO AS TO PROVIDE LICENSURE RECIPROCITY WITH STATES WHOSE REQUIREMENTS ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S AND TO PROVIDE GROUNDS AND PROCEDURE FOR THE SUSPENSION AND REVOCATION OF LICENSES TO PRACTICE PODIATRY; AND TO REPEAL SECTIONS 40-51-210 AND 40-51-250 RELATING TO PROHIBITION AGAINST CORPORATE PRACTICE OF PODIATRY OR PRACTICE IN CONNECTION WITH A COMMERCIAL ESTABLISHMENT.

Rep. LOCKEMY explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 3297 -- Rep. J. Rogers: A BILL TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ELECTRIC UTILITIES MAY DISPOSE OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OWNED BY THEM OUTSIDE THIS STATE OR PROPERTY WHICH HAS AN INITIAL COST OF ONE MILLION DOLLARS OR LESS WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.

Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 3253J), which was adopted.

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

/SECTION 1. Section 58-27-1300 of the 1976 Code is amended to read:

"Section 58-27-1300. No electrical utility shall, without the approval of the Commission after due hearing and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its property, powers, franchises, or privileges, or any of them, except that any electrical utility which has property outside this State, the initial purchase value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge this out-of-state property without prior approval of the Commission."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

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

H. 2024 -- Reps. Hayes and P. Bradley: A BILL TO AMEND SECTION 56-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT.

Rep. J. BRADLEY explained the Senate Amendments.

The Senate Amendments were agreed to by a division vote of 56 to 13, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

H. 3575 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF PSYCHOLOGY FOR SIX YEARS AND TO AMEND SECTION 40-55-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS FOR PSYCHOLOGISTS, SO AS TO AUTHORIZE THE ADOPTION OF THE CODE OF ETHICS FOR PSYCHOLOGISTS AND DELETE THE SPECIFIC REFERENCE TO THE CODE PUBLISHED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION AND AN UNNECESSARY DATE AND TO REQUIRE CONSULTATION AND COLLABORATION WITH PHYSICIANS IN EXTENDED PSYCHOTHERAPY CASES.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that Or an Act, and that it be enrolled for ratification.

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

H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.

Reps. McLELLAN and KIRSH proposed the following Amendment No. 1 (Doc. No. 3055J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

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

H. 3573 -- Labor, Commerce and Industry Committee: A BILL TO ENACT THE LONG TERM CARE INSURANCE ACT.

Rep. J. BRADLEY explained the Senate Amendments.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. McABEE moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, April 19, which was adopted.

H. 3706 -- Reps. J. Rogers and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-29-67, SO AS TO PROVIDE FOR PAYMENTS IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS VALUED AT ONE HUNDRED MILLION DOLLARS OR MORE FINANCED BY INDUSTRIAL REVENUE BONDS, TO PROVIDE FOR DISTRIBUTION OF THE PAYMENTS, AND TO PROVIDE THAT PROJECTS MAKING PAYMENTS IN LIEU OF TAXES ARE CONSIDERED EXEMPT PROPERTY FOR PURPOSES OF DETERMINING BONDED INDEBTEDNESS LIMITS AND THE INDEX OF TAXPAYING ABILITY.

Rep. PEARCE moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, April 19, which was adopted.

H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.

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

H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.

The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

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

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

Rep. McLELLAN explained the Senate Amendments.

The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.

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

H. 2696 -- Reps. Wilkins, J.W. Johnson, Gentry, Pearce, P. Bradley, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.

Rep. WILKINS moved to table the Bill, which was agreed to.

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

The following Bill was taken up.

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

Rep. KIRSH spoke against the Bill.

Rep. WILKINS spoke in favor of the Bill.

Rep. KIRSH moved to table the Bill, which was not agreed to by a division vote of 3 to 41.

The question then recurred to the passage of the Bill on third reading, which was agreed to and the Bill was ordered sent to the Senate.

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

H. 3175 -- Reps. Wilkins, Tucker, Wilder, J.W. Johnson, D. Martin, McEachin, Hayes, Hendricks, H. Brown, Nettles, J. Rogers, Clyborne, Haskins, McElveen, Waldrop and Rhoad: A BILL TO AMEND CHAPTER 11 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHERIFFS, BY ADDING SECTION 23-11-110 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR SHERIFFS.

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

S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.

The following House Resolution was taken up.

H. 4027 -- Reps. E.B. McLeod, Blanding, McElveen, G. Brown and Baxley: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE AS A CONDITION OF A PERMIT ISSUED TO A COMMERCIAL HAZARDOUS WASTE LANDFILL THAT THE TONNAGE MUST BE ESTABLISHED AS THE AMOUNT OF HAZARDOUS WASTE THE LANDFILL MAY LEGALLY ACCEPT DURING THE PERIOD OF THE PERMIT.

Whereas, South Carolina's hazardous waste management regulations specify that permits are effective for a fixed term not to exceed five years for treatment, storage, or disposal facilities; and

Whereas, commercial hazardous waste landfills are limited to disposal of one hundred thirty-five thousand tons a year of hazardous waste unless the Commissioner of the Department of Health and Environmental Control determines that it is necessary to allow burial of waste in excess of that year's limitation to protect the health and safety of the people of this State; and

Whereas, South Carolina's hazardous waste regulations require that the contents of a permit application contain an estimate of the total quantity of hazardous wastes to be treated, stored, or disposed of at the facility until closing; and

Whereas, the House desires that the tonnage of hazardous waste accepted by a commercial hazardous waste landfill must be established as the amount of hazardous waste the landfill may accept during the period of the permit, five years, rather than the amount of hazardous waste the landfill may accept for the full life of the facility. Now, therefore,

Be it resolved by the House of Representatives:

That the Department of Health and Environmental Control is requested to include as a condition of a permit for commercial hazardous waste landfill that the tonnage of hazardous waste that a landfill may accept for disposal must be established as the amount of hazardous waste the landfill may accept during the length of the permit period, five years, rather than the full life of the landfill facility.

Be it further resolved that a copy of this resolution be forwarded to Michael D. Jarrett, Commissioner, Department of Health and Environmental Control.

The Resolution was adopted.

The following Concurrent Resolution was taken up.

S. 1258 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE LOCATED IN RICHLAND COUNTY ON HARBISON BOULEVARD, SECONDARY ROAD 757, CROSSING I-26, FOR THE LATE SALVADOR LATORRE, SR.

Whereas, Mr. LaTorre was employed with the South Carolina Department of Highways and Public Transportation as an engineer for forty-seven years; and

Whereas, he first joined the department in 1926 as an inspector in the bridge section; and

Whereas, Mr. LaTorre was promoted to positions as resident engineer and project engineer before becoming assistant bridge engineer in 1950; and

Whereas, he was appointed assistant construction engineer in 1956, with the responsibility of coordinating all of the department's beach erosion control activities; and

Whereas, in 1967, he became utilities engineer, in which he supervised all of the department's activities pertaining to railroad, electric, and telephone companies and utilities; and

Whereas, in 1969, he was promoted to assistant state highway engineer, assuming the responsibility of supervising the maintenance of all statewide bridges, roads, and highways; and

Whereas, Mr. LaTorre was a 1926 graduate of The Citadel, where he obtained a Bachelor of Science Degree in Civil Engineering; and

Whereas, he was a member of many notable professional organizations, including the American Association of State Highway Engineers, the South Carolina Association of National Professional Engineers, and the Registered Professional Engineers; and

Whereas, the members of the General Assembly recognize his remarkable contributions as a superb engineer, dedicated employee, and an outstanding individual who contributed greatly to the Department of Highways and Public Transportation for forty-five years; and

Whereas, it would be very fitting to designate an appropriate site in the name of Salvador LaTorre, Sr. in recognition of his many years of honorable service and outstanding contributions to the Department of Highways and Public Transportation and the State of South Carolina. 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, requests the South Carolina Department of Highways and Public Transportation to name the bridge located in Richland County on Harbison Boulevard, Secondary Road 757, crossing I-26, for the late Salvador LaTorre, Sr.

Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. Allie Mae Hipp LaTorre of Columbia.

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

The following Concurrent Resolution was taken up.

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

Whereas, one of the most troublesome and burdensome provisions of the Tax Reform Act of 1986 affects livestock producers who raise breeding, draft, and sporting animals with a preproductive period of two years or longer.

Whereas, effective January 1, 1987, the costs associated with raising the animals must be capitalized and this new requirement has caused a nightmare to livestock producers because of the definition of preproductive period and the allocation of costs of raising livestock; and

Whereas, the General Assembly strongly supports efforts to repeal the new tax provisions and to return to the old method of expensing the cost of raising preproductive livestock. Now, therefore,

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

That the Congress of the United States is memorialized to enact H.R. 3907 which repeals provisions of the Tax Reform Act of 1986 concerning capitalization requirements for raising livestock with a preproduction period of two years or more.

Be it further resolved that copies of this resolution be forwarded to the Vice President of the United States, the Speaker of the House of Representatives of the United States, and each member of the Congress of the United States representing South Carolina.

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

Rep. GENTRY moved to adjourn debate upon the following Concurrent Resolution until Tuesday, April 19, which was adopted.

S. 1232 -- Senators Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PROPOSE AN AMENDMENT TO THE SIXTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION SO AS TO PROHIBIT CONGRESS FROM ENACTING LEGISLATION PROVIDING FOR THE COLLECTION OF INCOME TAXES RETROACTIVELY; TO INSURE THAT THE RIGHT OF THE STATES TO FINANCE THE PUBLIC PURPOSES ESTABLISHED BY THEM MAY NOT BE INFRINGED; TO PROHIBIT CONGRESS FROM TAXING DIRECTLY OR INDIRECTLY THE INCOME DERIVED FROM GENERAL OR SPECIAL OBLIGATIONS ISSUED BY OR ON BEHALF OF THE STATES, THEIR POLITICAL SUBDIVISIONS OR AUTHORIZED AUTHORITIES, AND TO PROHIBIT THE TAXATION OF THE PROCEEDS OF OR INCOME ON THESE PROCEEDS; AND TO PROHIBIT CONGRESS FROM TAXING OR RESTRICTING THESE OBLIGATIONS OR EXCLUDING AS DEDUCTIONS FROM INCOME, TAXES PAID PURSUANT TO THE LAWS OF ANY STATE OR INTEREST ON AMOUNTS BORROWED BY ANY FINANCIAL INSTITUTION TO PURCHASE OR CARRY THESE OBLIGATIONS.

The following Concurrent Resolution was taken up.

H. 3888 -- Reps. Wilder, Rhoad, Sharpe, Winstead, Koon, T.M. Burriss, J.H. Burriss, Barfield and P. Bradley: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE OPERATION OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY TO STUDY THE IMPACT OF THE CLOSURE OF THAT FACILITY, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY NO LATER THAN JUNE 30, 1989, AND AFTER THE REPORT IS MADE THE COMMITTEE IS DISSOLVED.

Rep. WILDER explained the Concurrent Resolution.

Rep. SHEHEEN spoke against the Concurrent Resolution.

The SPEAKER Pro Tempore granted Reps. BLACKWELL and LOCKEMY a leave of absence for the remainder of the day to attend a hearing on hospital financing.

Rep. WILDER spoke in favor of the Concurrent Resolution.

Rep. SHEHEEN moved to table the Concurrent Resolution.

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

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Baker
Beasley                Brown, G.              Brown, R.
Burch                  Burriss, M.D.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Day                    Edwards
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Haskins                Hayes                  Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Lockemy                Mattos                 McAbee
McBride                McElveen               McLeod, E.B.
McTeer                 Neilson                Nesbitt
Nettles                Pearce                 Phillips, L.
Rice                   Rogers, J.             Rogers, T.
Sheheen                Shelton                Short
Thrailkill             Townsend

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Baxley
Bennett                Bradley, J.            Bradley, P.
Brown, H.              Burriss, T.M.          Cork
Dangerfield            Davenport              Fair
Felder                 Hendricks              Humphries
Jones                  Koon                   Martin, L.
McGinnis               Pettigrew              Petty
Rhoad                  Sharpe                 Simpson
Snow                   Sturkie                Whipper
Wilder

So, the Concurrent Resolution was tabled.

Rep. HASKINS moved to recall S. 660 from the Education and Public Works Committee.

Rep. TOWNSEND moved to table the motion.

As a first substitute Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to.

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

The Senate returned to the House with concurrence the following:

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.

At 4:40 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.

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