Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Rev. Gideon M. Long, Pastor of First Baptist Church in Lyman, S.C. as follows:

O Lord, our God, we bow in humble gratitude for the blessings of life...a peaceful rest, safety of travel, strength of body, and peace of mind.

We would pray the courageous prayer of the Psalmist: "Search us, O God, and know our hearts, try us and know our thoughts; and see if there is any wicked way in us, and lead us in the way everlasting."

We pray today for these who are charged with the awesome responsibility of guiding this great state to respond to the rights and privileges of all its citizens, making those laws that guard these rights and call forth responsibility from each of us.

In a day when the problems that we face seem greater than we can handle, open our eyes to the resources that are ours as thy children.

May we be so in tune with thee that we respond to thy Spirit rather than the spirit of the age.

Bless this assembly that here on this hill that cannot be hid we may continue to raise a consistent witness to freedom and the truth that sets men free.

We pray this prayer in faith and with thanksgiving, through Jesus Christ, our Lord.

Amen.

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

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

The following was received.
Columbia, S.C., April 27, 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. 1180:
S. 1180 -- Senators Dennis, Lindsay, Holland, and Horace C. Smith: A BILL TO AMEND SECTION 9-1-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF EMPLOYEES AND MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT CLASS ONE SERVICE MAY BE CONVERTED TO CLASS TWO SERVICE AND TO PROVIDE A CONVERSION FORMULA; AND TO AMEND SECTIONS 9-1-1590 AND 9-11-90, AS AMENDED, RELATING TO THE RESTORATION OF BENEFICIARIES TO ACTIVE SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO MAKE OPTIONAL RATHER THAN MANDATORY THE LOSS OF THE ALLOWANCE OF THE REEMPLOYED BENEFICIARIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was taken up for immediate consideration:

S. 1431 -- Senator Long: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1988, AS "SOUTH CAROLINA TOURISM MONTH".

Whereas, South Carolina offers a wide variety of outstanding scenic, historic, recreational, and vacation attractions, an abundance of things to see, do, and enjoy during all seasons of the year and in all areas of the State from the mountains, lakes, parks, and resort islands to the beaches of our coast; and

Whereas, tourism and travel is the second largest industry in our State, bringing in over 4.1 billion dollars and providing jobs for over ninety-five thousand residents; and

Whereas, the State and all South Carolinians benefit from the economic impact of visitors, including the direct infusion of two hundred eighty million dollars in state and local tax revenues, expansion of local tax bases, and creation of additional tax revenues as tourism-travel dollars circulate through the State; and

Whereas, the latest available statistics from the South Carolina Tax Commission, the South Carolina Department of Parks, Recreation and Tourism, the South Carolina Employment Security Commission, the State Treasurer's Office, and other state sources reveal that tourism-generated income, jobs, and tax revenues in South Carolina have continued to increase; and

Whereas, the Department of Parks, Recreation and Tourism's record-setting 1987-88 advertising campaign has been a major impetus toward a very successful 1988 year for tourism across the Palmetto State. The department's funds-sharing program and the infusion of accommodations tax funds has involved many smaller areas of the State in promoting tourism on the local level. The state welcome centers expect to contact more than five million travelers during 1987-88, and other advertising and promotional efforts have contributed to the steady growth of tourism; and

Whereas, tourism and travel is an industry that blends with other economic, industrial, and cultural progress and is compatible with the protection of our vital natural resources and enhancement of the quality of life for all residents of the State; and

Whereas, the Department of Parks, Recreation and Tourism is urged to continue its program to increase tourism in South Carolina, to conduct research on the tourism industry, and to report the progress of travel and tourism business periodically to the General Assembly; and

Whereas, the State should maintain the vitality of the tourism industry and develop it to the fullest potential through increased advertising, marketing, tourism research, investments, and other means; and

Whereas, the Joint Legislative Committee on Tourism and Trade, the Department of Parks, Recreation and Tourism, and other state agencies, regional tourism promotion agencies, county, and municipal governments, chambers of commerce and other promotion agencies, and travel-tourism serving businesses are encouraged to actively express appreciation to South Carolina's visitors, to promote public awareness of the economic importance of travel and tourism, and to invite people from all areas to visit South Carolina; and

Whereas, all South Carolinians are encouraged to utilize the vacation opportunities in our fine State and to express their appreciation to our visitors by continuing to provide them with the friendly and gracious hospitality that has done so much over the years to establish South Carolina as a major tourism and travel destination known around the world for its "smiling faces and beautiful places"; and

Whereas, special observances are planned for that week which has already been designated by Congress as "National Tourism Week". Now, therefore,

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

That the members of the General Assembly designate the month of May, 1988, as "South Carolina Tourism Month".

Be it further resolved that a copy of this resolution be forwarded to Mr. Fred P. Brinkman, Executive Director, Parks, Recreation and Tourism.

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

The following was taken up for immediate consideration:

S. 1465 -- Senators Thomas E. Smith, Jr. and Courson: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MAY 11, 1988, AS MARCH OF DIMES CAPITOL CITY DAY IN CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE MARCH OF DIMES AND INVITING MR. CHARLES L. MASSEY, PRESIDENT OF THE MARCH OF DIMES FOUNDATION, TO ADDRESS THE MEMBERS OF THE GENERAL ASSEMBLY, ON WEDNESDAY, MAY 11, 1988, IN A BRIEF ASSEMBLY AT 12:00 NOON IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

Whereas, the March of Dimes Birth Defects Foundation will be celebrating fifty years of working to ensure a brighter future for America's children; and

Whereas, the March of Dimes will be holding State Capitol Day celebrations in each of the fifty states to remind Americans throughout the United States how they can help our babies to be born healthy; and

Whereas, the March of Dimes has become the only voluntary health agency to conquer the disease that it was established to fight in its renowned defeat of the dreaded disease of polio; and

Whereas, this victory has prompted the March of Dimes Foundation to expand its commitment to healthy American children and to the urgent task of preventing birth defects; and

Whereas, the March of Dimes Foundation has been a driving force in cutting the nation's infant mortality rate in half; and

Whereas, in celebrating the fiftieth anniversary of the March of Dimes Foundation we celebrate that spirit of commitment that brings us closer to the day when every baby will have a healthy start in life. Now, therefore,

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

That Wednesday, May 11, 1988, is hereby proclaimed as March of Dimes Capitol City Day in celebration of the fiftieth anniversary of the March of Dimes.

Be it further resolved that the Honorable Charles L. Massey, president of the March of Dimes Foundation, is invited to address the members of the General Assembly in a brief joint assembly at 12:00 noon, Wednesday, May 11, 1988, in the hall of the House of Representatives.

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. 4221 -- Rep. J. Bradley: A BILL TO AMEND SECTION 55-9-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE AERONAUTICS COMMISSION AND POLITICAL SUBDIVISIONS OF THIS STATE IN REGARD TO THE ESTABLISHMENT OF AIRPORTS, SO AS TO GRANT TO THE POLITICAL SUBDIVISIONS OF THIS STATE BUT NOT TO THE AERONAUTICS COMMISSION CERTAIN ADDITIONAL POWERS IN REGARD TO THE USE AND DISPOSAL OF PROPERTY ACQUIRED FOR AIR TRANSPORTATION AND FACILITIES PURPOSES.

Referred to Committee on Education and Public Works.

H. 4222 -- Rep. J.W. McLeod: A BILL TO REPEAL SECTION 11-35-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF COMPETITIVE SEALED PROPOSALS UNDER THE CONSOLIDATED PROCUREMENT CODE, WHEN A CHIEF PROCUREMENT OFFICER OR HEAD OF A PURCHASING AGENCY DETERMINES THAT THE USE OF COMPETITIVE SEALED BIDDING IS EITHER NOT PRACTICABLE OR NOT ADVANTAGEOUS TO THE STATE.

Referred to Committee on Judiciary.

S. 380 -- Senators McConnell and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

Referred to Committee on Judiciary.

S. 1138 -- Senator Drummond: A BILL TO AMEND SECTIONS 49-1-50, 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23-170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE THE DEFINITION OF "VESSEL", REDEFINE "DEALER", AND TO DEFINE "MARINE DEALER" AND "MARINA", TO EXEMPT COMMERCIAL BARGES AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE SO AS TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, AND 50-23-275 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS AND FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS.

Referred to Committee on Agriculture and Natural Resources.

S. 1294 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-31-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO CHANGE THE DATE THE REPORTS TO THE COMMISSION ARE TO BE FILED.

Referred to Committee on Education and Public Works.

S. 1318 -- Senators Martschink, Bryan, Drummond, Leatherman, Nell W. Smith, Thomas E. Smith, Jr., Land, Shealy and Thomas: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.

Referred to Committee on Education and Public Works.

S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANCE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANCE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANCE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.

Referred to Committee on Labor, Commerce and Industry.

S. 1333 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUDITORS, ASSESSORS, AND APPOINTED APPRAISERS ATTEND EDUCATIONAL COURSES AS REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO DELETE THE EDUCATIONAL COURSE REQUIREMENT FOR AUDITORS.

Referred to Committee on Education and Public Works.

S. 1339 -- Senator Waddell: A BILL TO AMEND TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MUNICIPALITIES, BY ADDING CHAPTER 41 SO AS TO ENACT THE MUNICIPAL BEACH EROSION PREVENTION ACT.

Referred to Committee on Agriculture and Natural Resources.

S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.

Referred to Committee on Agriculture and Natural Resources.

S. 1370 -- Senators Hayes, Nell W. Smith and Moore: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO ORDER ANY PARTY IN A PROCEEDING TO PARTICIPATE IN MEDIATION UPON APPROVAL OF THE SUPREME COURT.

Referred to Committee on Judiciary.

S. 1432 -- Senator Doar: A BILL TO AMEND SECTIONS 46-31-30, 46-31-40, 46-31-60, 46-31-80, 46-31-100, 46-31-110, 46-31-120, 46-31-130, 46-31-140, AND 46-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMOTION OF FLUE-CURED TOBACCO, SO AS TO EXTEND ELIGIBILITY FOR PARTICIPATION IN REFERENDA FOR MARKETING ASSESSMENTS, TO INCREASE THE MAXIMUM ASSESSMENTS FROM TWO TO TEN DOLLARS AN ACRE OR FROM TEN TO FIFTY CENTS FOR EACH HUNDRED POUNDS, TO REDUCE FROM THIRTY DAYS TO FIFTEEN DAYS THE APPLICABLE REFERENDA NOTICE REQUIREMENT, TO PROVIDE FOR THE TIME OF THE WRITTEN REQUEST FOR REFUND OF ASSESSMENTS, AND TO INCREASE FROM THIRTY TO SIXTY DAYS THE DEADLINE FOR THE REPORT OF TOBACCO ASSOCIATES, INCORPORATED.

Referred to Committee on Agriculture and Natural Resources.

S. 1439 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO OBTAINING AND HANDLING BLOOD AND URINE SAMPLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1450 -- Senators Martschink, Dennis and McLeod: A BILL TO AMEND SECTION 50- 11 -750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.

Referred to Committee on Agriculture and Natural Resources.

S. 1451 -- Senator Setzler: A BILL TO AMEND SECTION 23-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FEES FOR APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT NO FEES ARE REQUIRED OF PERSONS FORMERLY EMPLOYED AS LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE SERVICE.

Referred to Committee on Judiciary.

S. 1455 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO FILING OF A CONSOLIDATED RETURN FOR TWO OR MORE CORPORATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 945, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Ways and Means.

S. 1457 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICKBOXING, SPARRING, AND WRESTLING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1458 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1459 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT, AND PROVIDE FOR AN EFFECTIVE DATE OF ONE HUNDRED EIGHTY DAYS AFTER APPROVAL BY THE GOVERNOR.

Referred to Committee on Judiciary.

S. 1460 -- Senator Bryan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF LAURENS COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

S. 1461 -- Senator Pope: A BILL TO AMEND ACT 119 OF 1963, AS AMENDED, RELATING TO THE NEWBERRY COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR THE MEMBERS OF THE AUTHORITY TO BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE NEWBERRY COUNTY COUNCIL MEMBERS INSTEAD OF THE LEGISLATIVE DELEGATION; TO LIMIT THE CONSECUTIVE TERMS TO TWO; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE PRESENT MEMBERS AND FOR THE INITIAL TERMS OF THE MEMBERS PROVIDED FOR IN THIS ACT.

Referred to Newberry Delegation.

On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 1460 be read the second time tomorrow.

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

I came in after the roll call and was present for the Session on April 28, 1988.

Grady Brown                       Dave C. Waldrop
Thomas Limehouse                  C. Lenoir Sturkie
Ken Bailey                        Jack Gregory
Paul M. Burch                     Roland S. Corning
Larry Gentry                      Paul Short
William D. Boan                   Robert A. Kohn
John H. Burriss                   Philip T. Bradley
Larry Koon                        Dick Elliott
Alex Harvin, III

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 27, 1988.

The following was introduced:

H. 4223 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING THE EMPLOYEES OF THE L'EGGS PRODUCTS, INC., HOSIERY GROUP, SARA LEE CORPORATION, OF DARLINGTON COUNTY FOR TEN YEARS AND FOURTEEN MILLION MAN-HOURS WITHOUT A LOST-TIME ACCIDENT.

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

The following Bill was taken up.

H. 3661 -- Reps. T.C. Alexander and McLellan: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE STAMP CREEK VOTING PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.

The Oconee Delegation proposed the following Amendment No. 1 (Doc. No. 2193J), which was adopted.

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

/SECTION 1. Section 7-7-430A. of the 1976 Code is amended to read:

"A. In Oconee County there shall be are the following voting precincts with boundaries as hereafter described in subsection B: Earles Grove, Fair Play, Friendship, Holly Springs, Keowee, Keowee Key, Long Creek, Madison, Mountain Rest, Newry-Corinth, Oakway, Providence, Ravenel, Return, Richland, Salem, Seneca (composed of Seneca Nos. 1, 2, 31 and 4), Shiloh, South Union, Tamassee, Tokeena, Utica, Walhalla (composed of Walhalla Nos. 1 and 2), West Union, and Westminster (composed of Westminster Nos. 1 and 2). Provided, that voting Voting places for the Seneca precinct may be divided alphabetically into Seneca No. 1, No. 2, No. 3, and No. 4 with voting on the same premises. Provided, further, that voting Voting places for the Walhalla precinct may be divided alphabetically into Walhalla No. 1 and No. 2 with voting on the same premises. Provided, further, that voting Voting places for the Westminster precinct may be divided alphabetically into Westminster No. 1 and No. 2 with voting on the same premises."

SECTION 2. The sixth paragraph of Section 7-7-430B. is amended to read:

"Keowee-Beginning at the intersection of Lake Keowee and state road 98--south on Lake Keowee to Seneca River--southwest on river to Little River--west on Little River to Lake Keowee--west and northwest on Lake Keowee to state road 379--north on 379 to state road 202--north on 202 to state road 46--north on 46 to state road 24--northwest on 24 to state road 449--northeast on 449 to state road 24--north on state road 24 to Little River--east on river to Lake Keowee branch--north on branch to state highway 130--east on 130 to state road 128--northeast on 128 to state road 98--southeast on 98 to Lake Keowee (origin). the Little River and the western branch of Lake Keowee - south on branch of Lake Keowee to main body of Lake Keowee - south on Lake Keowee to cove just west of Keowee Tax Center - east on cove to S.C. Highway 130 - south on S.C. Highway 130 to S.C. Highway 183 - east on S.C. Highway 183 to Seneca River - southwest on river to Little River west on Little River to Lake Keowee - west and northwest on Lake Keowee to state road 379 - north on state road 379 to state road 202 - north on state road 202 to state road 46, north on state road 46 to state road 24 - northwest on_state road 24 to state road 449 - northeast on state road 449 to state road 24 - north on state road 24 to Little River - east on Little River to branch of Lake Keowee and the point of origin.

Keowee Key - Beginning at the intersection of the western branch of Lake Keowee and S.C. Highway 130 east on S.C. Highway 130 to state road 128 - north on state road 128 to state road 98 - southeast on state road 98 to Lake Keowee and the county line south on the county line to S.C. Highway 183 - west on S.C. Highway 183 to S.C. Highway 130 - north on S.C. Highway 130 to unnamed cove on Lake Keowee west on this cove to main body of Lake Keowee - north on Lake Keowee to western branch of Lake Keowee - northwest on branch of Lake Keowee to S.C. Highway 130 and the point of origin."

SECTION 3. Section 7-7-430 of the 1976 Code is amended by adding a new subsection C. to read:

"C. The precinct lines defining the above precincts are as shown on official maps on file with the Division of Research and Statistical Services of the Budget and Control Board and as shown on certified copies provided to the State Election Commission and the County Board of Voter Registration by the Division."

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

Renumber sections to conform.

Amend title to conform.

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

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3661 be read the third time tomorrow.

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

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.

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.

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.

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.

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.

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.

H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS.

H. 3931 -- Rep. Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-65 SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO ESTABLISH ADVISORY COMMITTEES.

H. 3561 -- Reps. P. Harris, J. Harris, Aydlette and Carnell: A BILL TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO INCREASE THE REQUIREMENTS THAT MUST BE MET IN THE PROTECTION AND ADVOCACY OF THE RIGHTS OF DEVELOPMENTALLY DISABLED PERSONS.

H. 3936 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO REQUIRE SOLICITORS TO SEND COPIES OF CERTAIN ADDITIONAL INFORMATION TO THE DEPARTMENT OF CORRECTIONS AND THE PAROLE AND COMMUNITY CORRECTIONS BOARD.

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

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 CHANCE 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.

S. 1246 -- Senators Wilson, Russell, Thomas, Stilwell and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO MAKE IT UNLAWFUL TO INJURE, KILL, OR INTERFERE WITH A DOG USED BY POLICE IN THE PERFORMANCE OF THEIR DUTIES AND TO PROVIDE A PENALTY FOR VIOLATIONS.

S. 1222 -- Senators Doar, Waddell, Garrison and Bryan: A BILL TO AMEND SECTION 5-37-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "ASSESSMENT", "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-40, AS AMENDED, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS, SO AS TO DELETE THE REQUIREMENT THAT THE MUNICIPAL GOVERNING BODY OBTAIN WRITTEN CONSENT FROM A MAJORITY OF PROPERTY OWNERS IN THE PROPOSED DISTRICT BEFORE CREATING THE DISTRICT, DESCRIBE CERTAIN PROPERTY AS EXEMPT FROM AD VALOREM TAXATION AS PROVIDED BY LAW INSTEAD OF EXEMPT UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE FOR PURPOSES OF DETERMINING THE NUMBER OF OWNERS OF REAL PROPERTY WHICH MUST SIGN A PETITION TO REQUIRE A MUNICIPAL GOVERNING BODY TO ESTABLISH A DISTRICT, AND AUTHORIZE A MUNICIPAL GOVERNING BODY TO CREATE AN IMPROVEMENT DISTRICT BY ORDINANCE AFTER MAKING A FINDING OF CERTAIN CONSIDERATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 5-37-45 SO AS TO AUTHORIZE AN AREA TO BE INCLUDED IN AN IMPROVEMENT DISTRICT CREATED AFTER THE IMPROVEMENTS ARE BEGUN PURSUANT TO A PRECONSTRUCTION AGREEMENT.

The following Bills and Joint Resolutions 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. 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.

S. 1167 -- Medical Affairs Committee: A BILL TO AMEND SECTION 40-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO DEFINE PRIMARY PREVENTIVE CARE AND EDUCATION, TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS TO PERFORM SERVICES UNDER THE DIRECTION AND CONTROL OF THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY AND OTHER DUTIES AUTHORIZED BY THE STATE BOARD OF DENTISTRY, AND TO PROVIDE THAT IF A LICENSED DENTIST IS AVAILABLE HE MUST MAKE AN EXAMINATION AND DIAGNOSIS BEFORE A SEALANT IS PLACED ON A TOOTH.

S. 1066 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO PROVIDE LICENSURE RECIPROCITY, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION.

S. 1064 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY FOR SIX YEARS; TO AMEND SECTIONS 40-37-180 AND 40-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL REPRESENTATION OR ADVERTISING PRACTICES BY OPTOMETRISTS, SO AS TO MORE SPECIFICALLY DEFINE THE PRACTICES WHICH DEAL WITH LIMITS ON COMPETITION; AND TO REPEAL SECTION 40-37-190 RELATING TO THE UNLAWFUL DISCOUNTING OF THE COST OF EYE EXAMINATIONS OR OFFERING THEM AS PREMIUMS.

S. 1324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: 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.

S. 1358 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ASBESTOS REMOVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 896, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1149 -- Senator McConnell: A BILL TO AMEND SECTION 17-15-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS WHEN A RECOGNIZANCE IS FORFEITED, SO AS TO AUTHORIZE MAGISTRATES TO CONFIRM JUDGMENTS OF TWO HUNDRED EIGHTEEN DOLLARS OR LESS FOR A FORFEITED RECOGNIZANCE.

S. 1155 -- Senators Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-19-120 SO AS TO PROVIDE THAT A BANK MAY OPEN A SAFE DEPOSIT BOX TO OBTAIN THE ORIGINAL COPY OF AN INSTRUMENT EXECUTED BY THE LESSEE GRANTING A PERSON THE POWER OF ATTORNEY IN CASES WHERE THE LESSEE BECOMES MENTALLY INCOMPETENT.

S. 1363 -- Judiciary Committee: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 29 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PEN REGISTERS AND TRAP AND TRACE DEVICES MAY BE INSTALLED ON TELEPHONE LINES OR OTHER WIRE OR ELECTRONIC COMMUNICATION DEVICES, AND TO PROVIDE PENALTIES UPON CERTAIN VIOLATIONS.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

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

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by Rep. WILKINS.

The amendment was then adopted.

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

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4125 be read the third time tomorrow.

The following Bill was taken up.

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

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 20, by the Committee on Judiciary.

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 3460J), which was adopted.

Amend the report of the Committee on Judiciary, as and if amended, by adding a new section to the bill to be appropriately numbered which shall read:

/SECTION ______. Chapter 51, Title 12 of the 1976 Code is amended by adding:

"Section 12-51-96. In order for the owner of the 'mobile home' or 'modular home' to redeem his property as permitted in Section 12-51-95, the mobile or modular home subject to redemption must not be removed from its location at the time of the delinquent tax sale for a period of twelve months from the date of the sale unless the owner is required to move it by the person other than himself who owns the land upon which the mobile or modular home is situated. In this event, the owner of the mobile or modular home must notify the purchaser and the delinquent tax collector of the new location of the mobile or modular home which new location also must be in this State. If the owner moves the mobile or modular home in violation of this section he is guilty of a misdemeanor and upon conviction must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year, or both. In addition to the other requirements and payments necessary for an owner of a mobile or modular home to redeem his property after a delinquent tax sale, the defaulting taxpayer must also pay rent to the purchaser when he redeems this property in an amount to be agreed upon between the purchaser and the delinquent taxpayer and in the event the purchaser and delinquent taxpayer cannot agree upon the amount of this rent, the amount of the rent must be set by the magistrate's court."/

Renumber sections to conform.

Amend title to conform.

Rep. HUFF 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. RUDNICK, with unanimous consent, it was ordered that H. 3107 be read the third time tomorrow.

Rep. TOWNSEND moved to adjourn debate upon the following Bill until after consideration of H. 3825, which was adopted.

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

The following Bill was taken up.

H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by the Committee on Ways and Means.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 2 (Doc. No. 3562J), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, page 3825-2, by striking beginning on line 22 /except that accounts may be established in 1989 for persons otherwise qualified who are seventeen or eighteen years of age in 1989/.

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 46 to 28.

Reps. KEYSERLING, HOLT and McTEER objected to the Bill.

The following Bill was taken up.

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

Rep. HASKINS proposed the following Amendment No. 5 (Doc. No. 3484J).

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

/SECTION ____. Section 59-26-20 of the 1976 Code is amended by adding an appropriately lettered item to read:

"( ) Develop program approval standards or promulgate regulations that provide that student teaching experience in a private school meets the teacher education program requirements for private colleges and universities if, on an annual basis, student teaching experience assignments from the private college or university are predominantly in the public school setting."/

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. L. PHILLIPS raised the Point of Order that Amendment No. 5 was out of order as it was not germane to the Bill.

Rep. HASKINS argued that the amendment was germane as it amended the same Code Section as the Bill.

The SPEAKER overruled the Point of Order.

Rep. HASKINS continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 5, Rep. HASKINS having the floor.

Rep. FELDER moved that the House recur to the morning hour.

Rep. FOSTER moved to table the motion, which was agreed to by a division vote of 48 to 29.

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

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

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

H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: A BILL TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, REGIONAL COUNCILS OF GOVERNMENTS MAY MAKE A FINDING THAT THE WORK IS OF MULTIJURISDICTIONAL SIGNIFICANCE AND THE FINDING SHALL ALLOW HIGHWAY, BRIDGE, OR OTHER HIGHWAY FACILITY CONSTRUCTION IN A MUNICIPALITY IN AN URBANIZED AREA WITHOUT PLAN APPROVAL OF THE MUNICIPALITY.

H. 3556 -- Rep. Ferguson: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND THE REINSURANCE FACILITY GOVERNING BOARD, SO AS TO ALLOW A PRODUCER TO TRANSFER OR SELL HIS DESIGNATION, AND TO ADD SECTION 38-77-595 SO AS TO PROVIDE THAT AT LEAST TEN PERCENT OF THE DESIGNATED PRODUCERS APPOINTED BY THE COMMISSION OR GOVERNING BOARD MUST BE BLACK AND AT LEAST TEN PERCENT MUST BE FEMALE.

Rep. BLACKWELL moved that the House recur to the morning hour.

Rep. FOSTER moved to table the motion, which was not agreed to by a division vote of 9 to 67.

The question then recurred to the motion to recur to the morning hour, which was agreed to.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4224 -- Rep. Beasley: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO CUSTODY, NOTICE TO HIS PARENTS OR GUARDIANS, AND HIS TRANSPORTATION AND RELEASE SO AS TO REVISE THE TIME PERIOD WITHIN WHICH CERTAIN WRITTEN REPORTS MUST BE SUBMITTED TO THE DEPARTMENT OF YOUTH SERVICES CONCERNING THE CHILD AND THE TIME WITHIN WHICH THE FAMILY COURT MUST HOLD A DETENTION HEARING, AND TO MAKE OTHER TECHNICAL AND REFERENCE CHANGES IN THE SECTION.

Referred to Committee on Judiciary.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. HASKINS having the floor.

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

Debate was resumed on Amendment No. 5 by Rep. HASKINS.

Rep. HASKINS continued speaking.

Rep. TAYLOR moved to table the amendment, which was not agreed to by a division vote of 42 to 46.

Reps. McGINNIS and GORDON spoke against the amendment.

Reps. TOWNSEND, McGINNIS, FABER, WILLIAMS, SHELTON, GILBERT, WASHINGTON, J. BROWN, BLANDING, K. BAILEY and GORDON objected to the Bill.

Rep. BLACKWELL moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

S. 624 -- Senator Saleeby: A BILL TO AMEND SECTIONS 4-5-170 THROUGH 4-5-200 AND SECTION 4-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE BOUNDARIES OF A COUNTY, SO AS TO PROVIDE THAT WHERE THE AREA PROPOSED TO BE ANNEXED TO A COUNTY IS LESS THAN ONE HUNDRED ACRES AND IS OWNED BY TEN OR FEWER FREEHOLDERS AND UPON COMPLIANCE WITH THE PROVISIONS OF SECTIONS 4-5-120 THROUGH 4-5-160 THE GOVERNOR SHALL ORDER THE COUNTY BOARD OF ELECTIONS IN THE COUNTY IN WHICH THE AREA PROPOSED TO BE ANNEXED IS LOCATED TO CANVASS THE QUALIFIED ELECTORS RESIDING IN THE AREA AS TO WHETHER THE AREA PROPOSED TO BE ANNEXED SHOULD BE TRANSFERRED TO THE ANNEXING COUNTY AND TO PROVIDE A PROCEDURE FOR THIS CANVASSING PROCESS; AND TO MAKE CORRESPONDING AMENDMENTS TO THOSE CODE SECTIONS AFFECTED BY THIS CANVASSING PROCEDURE.

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

S. 1150 -- Senator Lindsay: A BILL TO AMEND SECTION 58-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT SCHEDULES MUST BE ADHERED TO, SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION, UNDER CERTAIN CONDITIONS, TO ALLOW SERVICE TO BE OFFERED TO THE PUBLIC WITHOUT THE RELATED SCHEDULES BEING FILED, TO PROVIDE THAT THE COMMISSION SHALL RETAIN REGULATORY AUTHORITY OVER THE RATES, REVENUES, INVESTMENTS, EXPENSES, AND QUALITY OF SERVICE OFFERED, AND PROVIDE THAT THE CHARGES FOR SERVICES OFFERED BY THE UTILITY PURSUANT TO CERTAIN PROVISIONS OF THIS SECTION MUST BE PROVIDED AT A CERTAIN LEVEL.

Rep. HAYES explained the Bill.

S. 1326 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE BOARD AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 916 -- Senators Applegate, Courson, Hayes, Land and Nell W. Smith: A BILL TO AMEND SECTIONS 39-16-10 AND 39-16-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS AND PROHIBITIONS USED IN THE DISCLOSURE REQUIREMENTS FOR THE SALE OF FINE PRINTS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "ART MERCHANT" A PROFESSIONAL AUCTIONEER WHO HOLDS HIMSELF OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO FINE PRINTS; TO INCLUDE AUCTIONEER WITHIN THE DEFINITION OF "PERSON"; TO REQUIRE A WRITTEN INVOICE DISCLOSING ALL INFORMATION REQUIRED IN SECTION 39-16-40 WHEN A FINE PRINT IS OFFERED AT AN AUCTION WHERE NONART PROPERTY ALSO IS SOLD.

Rep. T.M. BURRISS explained the Bill.

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

Rep. J. BRADLEY explained the Bill.

Rep. WILKINS asked unanimous consent that S. 1150 be read a third time tomorrow.

Rep. KLAPMAN objected.

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 916 be read the third time tomorrow.

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4129 be read the third time tomorrow.

The following Bill was taken up.

H. 4013 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3315J), which was adopted.

Amend the bill, as and if amended, in Section 56-15-10 of the 1976 Code as contained in SECTION 1 by striking /or LP gas supply/ as contained on line 6 of page 2.

When amended, SECTION 1 shall read:

/SECTION 1. Section 56-15-10 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) 'Motor home' means a vehicular unit designed to provide temporary living quarters built into an integral part of or permanently attached to a self-propelled motor vehicle chassis or van which unit contains permanently installed independent life support systems other than low voltage meeting the American National Standards Institute (ANSI) A119.2 Standard for Recreational Vehicles and provides at least four of the following facilities: cooking with on board power source; gas or electric refrigerator; toilet with exterior evacuation; heating or air conditioning with onboard power source separate from the vehicle engine; a potable water supply system including a faucet, sink, and water tank with an exterior service connection; separate 110-125 volt electric power supply. For purposes of this definition:

(1) a passenger-carrying automobile, truck or van without permanently installed independent life support systems, including at least four of the indicated facilities, does not constitute a motor home;

(2) 'permanently installed' means built into or attached as an integral part of a chassis or van and designed not to be removed except for repair or replacement. A system which is readily removable or held in place by clamps or tie downs is not permanently installed;

(3) 'low voltage' means twenty-four volts or less."/

Amend title to conform.

Rep. J.C. JOHNSON 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. J.C. JOHNSON, with unanimous consent, it was ordered that H. 4013 be read the third time tomorrow.

Rep. GENTRY moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

S. 1073 -- Senator Pope: A BILL TO AMEND SECTION 34-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OWNERSHIP OF CERTAIN SHARES OF STOCK AS A CONDITION OF ELIGIBILITY FOR ELECTION AS A BANK DIRECTOR, SO AS TO FURTHER PROVIDE FOR THE STOCK WHICH MUST BE OWNED.

The following Bill was taken up.

H. 4102 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 37-3-503, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE--LOANS, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3507J).

Amend the report, as and if amended, by striking lines 28-45, page 4102-1, and lines 1 through 29, page 4102-2, and inserting:

/SECTION 1. Section 37-3-503(2) of the 1976 Code is amended to read:

"(2) An applicant meets the minimum standard of financial responsibility for engaging in the business of making supervised loans (Section 37-3-502) if he has available for operation of that business in this State assets of at least twenty-five seventy-five thousand dollars for each license issued."

SECTION 2. Section 34-29-40(b) of the 1976 Code is amended to read:

" (b) The Board shall grant or deny each application for a license which is accompanied by the required fees, within sixty days from the date of mailing said the notice, unless extended by written agreement of the applicant and Board, if it shall find finds:

(1) that the financial responsibility, character, experience, and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly, and efficiently within the purposes of this chapter, which requirements shall must be maintained during the period of the license,;

(2) that the applicant has available liquid assets of not less than twenty-five seventy-five thousand dollars for operation of such the business at the specified location; provided, that any licensed person engaged in the business of lending as of August 7, 1966 shall have five years from August 7, 1966 to meet this requirement, for the operation of such business at the specified location,; and

(3) allowing such the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; thereupon, it.

If the findings are made as provided in this subsection, the Board shall enter an order granting the application, place on file its findings of fact, and forthwith immediately issue a license to the applicant. However, where the number of licensees in a community is less than two, upon properly qualified applications under clauses items (1) and (2) hereof, the Board shall issue additional licenses as to bring the number of licenses to two in such the community."

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

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Reps. KIRSH and FOSTER objected to the Bill.

Rep. T.M. BURRISS continued speaking.

Rep. ARTHUR objected to the Bill.

The following was received.
Columbia, S.C., April 28, 1988

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WINSTEAD the invitation was accepted.

The following Bill was taken up.

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6445k).

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

SECTION 1. Section 38-3-20 of the 1976 Code is amended to read:

"Section 38-3-20. Beginning on July 1, 1980, the Insurance Commission is composed of seven members, one being selected from each congressional district and one from the State at large, who must be appointed by the Governor, with the advice and consent of the Senate. Two must be appointed for a term of two years, two must be appointed for a term of four years, and three must be appointed for a term of six years. Thereafter, the The terms are for six four years and all members of the Commission shall serve until their successors are appointed and qualify. No member appointed may have past or present employment in the insurance industry during the four years immediately preceding his appointment but must be selected from the general public based upon demonstrated objectivity, independence, and service in matters of public concern. No members of the Commission may serve more than one term three terms. Any vacancy in office must be filled by the Governor by appointment."

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

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

Reps. McCAIN and PETTIGREW objected to the Bill.

Rep. J. BRADLEY continued speaking.

Rep. CLYBORNE objected to the Bill.

The following Bill was taken up.

H. 4198 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 42-11-100, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND. THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; AND TO REPEAL SECTION 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.

Rep. L. MARTIN explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill, Rep. L. MARTIN having the floor.

Rep. L. MARTIN moved that the House recur to the morning hour.

Rep. McCAIN moved to table the motion, which was not agreed to by a division vote of 15 to 64.

The question then recurred to the motion to recur to the morning hour, which was agreed to.

Rep. CHAMBLEE, from the Anderson Delegation, submitted a favorable report, on:

S. 949 -- Senators Garrison and Powell: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE MINISTERIAL MAGISTRATES IN ANDERSON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF ANDERSON COUNTY.

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

S. 949 -- Senators Garrison and Powell: A BILL TO PROVIDE FULL MAGISTERIAL POWERS TO THE MINISTERIAL MAGISTRATES IN ANDERSON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF ANDERSON COUNTY.

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

On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 949 be read the third time tomorrow.

The following was introduced:

H. 4225 -- Reps. Koon, Sturkie, Klapman, Derrick and Felder: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT A PROGRAM TO ALERT THE PUBLIC TO THE DANGER INVOLVED IN THE OPERATION OF "MOTORIZED THREE WHEELERS".

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

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4226 -- Rep. J. Rogers: A BILL TO CREATE THE SOUTH CAROLINA PALMETTO INDIAN AFFAIRS COMMISSION.

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

Rep. KLAPMAN objected.

Referred to Committee on Ways and Means.

The following was introduced:

H. 4227 -- Reps. Humphries and Sharpe: A CONCURRENT RESOLUTION RECOGNIZING THAT IT IS THE RESPONSIBILITY OF THIS STATE TO PRESERVE AND PROTECT OUR HUMAN OFFSPRING.

The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R548) H. 3695 -- Reps. T.M. Burriss, Carnell, H. Brown, Edwards, P. Harris, Lewis, McLellan, Winstead, T. Rogers and Klapman: AN ACT TO AMEND SECTION 37-1-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIONS FROM THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO FURTHER PROVIDE FOR THE EXCLUSIONS RELATED TO PAWNBROKERS; AND TO AMEND CHAPTER 39, TITLE 40, RELATING TO PAWNBROKERS, SO AS TO REVISE THE MANNER IN WHICH PAWNBROKERS ARE REGULATED, LICENSED, AND REQUIRED TO DO BUSINESS, TO PROVIDE THAT PERSONS PLEDGING GOODS WITH PAWNBROKERS HAVE A CAUSE OF ACTION AGAINST THE PAWNBROKER FOR THE VIOLATION OF CERTAIN PROVISIONS OF THIS CHAPTER, AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

(R549) H. 3592 -- Rep. Stoddard: AN ACT TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE PURCHASE OF A PISTOL, SO AS TO PROVIDE CERTAIN EXCEPTIONS AND TO AUTHORIZE A LAW ENFORCEMENT AGENCY OR LICENSED PRIVATE SECURITY COMPANY TO PURCHASE MORE THAN ONE PISTOL DURING A THIRTY-DAY PERIOD PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 23-31-330, RELATING TO THE APPLICATION REQUIRED FOR THE POSSESSION OF A MACHINE GUN, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO EXEMPT FROM THE PERMIT AND REGISTRATION PROCESS A GOVERNMENTAL ENTITY WHICH HAS A SIGNIFICANT PUBLIC SAFETY RESPONSIBILITY FOR THE PROTECTION OF LIFE OR PROPERTY; AND TO REPEAL SECTION 23-31-195, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.

At 11:40 A.M. the House resumed, the SPEAKER in the Chair.

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

H. 4210 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO REQUEST THE HONORABLE WILLIAM L. BALL, III, SECRETARY OF THE NAVY AND A NATIVE SOUTH CAROLINIAN, TO HAVE THE USS SOUTH CAROLINA CALL ON THE CHARLESTON NAVAL YARD DURING MAY 21 THROUGH MAY 23, 1988, IN ORDER TO PARTICIPATE IN THE CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO ADOPT THE USS SOUTH CAROLINA AS THE OFFICIAL SHIP OF THE STATE OF SOUTH CAROLINA.

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4210 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO REQUEST THE HONORABLE WILLIAM L. BALL, III, SECRETARY OF THE NAVY AND A NATIVE SOUTH CAROLINIAN, TO HAVE THE USS SOUTH CAROLINA CALL ON THE CHARLESTON NAVAL YARD DURING MAY 21 THROUGH MAY 23, 1988, IN ORDER TO PARTICIPATE IN THE CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO ADOPT THE USS SOUTH CAROLINA AS THE OFFICIAL SHIP OF THE STATE OF SOUTH CAROLINA.

Whereas, during the period of May 21 through May 23, 1988, many activities will be held in Charleston, South Carolina, to celebrate the bicentennial of the ratification of the United States Constitution by the State of South Carolina; and

Whereas, Charleston is the location of the Charleston Naval Yard where many ships and submarines of the United States Navy are stationed; and

Whereas, the USS South Carolina is a nuclear-powered, guided-missile frigate whose keel was laid on December 1, 1970, at Newport News, Virginia, and is the namesake of our State; and

Whereas, the members of the General Assembly believe that it would be proper and fitting for the USS South Carolina to call at the Charleston Naval Yard during this celebration period in order to participate in the bicentennial celebration in the manner that the Navy and the Bicentennial Commission deem appropriate; and

Whereas, the members of the General Assembly, by this resolution, are further desirous of adopting the USS South Carolina as the official ship of the State of South Carolina. Now, therefore,

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

That the members of the General Assembly hereby request the Honorable William L. Ball, III, Secretary of the Navy and a native South Carolinian, to have the USS South Carolina call on the Charleston Naval Yard during May 21 through May 23, 1988, in order to participate in the celebration of the bicentennial of the ratification of the United States Constitution by the State of South Carolina.

Be it further resolved that the members of the General Assembly, by this resolution, adopt the USS South Carolina as the official ship of the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Honorable William L. Ball, III, Secretary of the Navy.

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

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. L. MARTIN having the floor.

H. 4198 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 42-11-100, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; AND TO REPEAL SECTION 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.

Rep. L. MARTIN continued speaking.

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

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4198 be read the third time tomorrow.

The following Joint Resolution was taken up.

H. 4199 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICK BOXING, SPARRING, AND WRESTLING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. L. MARTIN explained the Joint Resolution.

Rep. KLAPMAN moved to adjourn debate upon the Joint Resolution, which was adopted.

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

H. 4200 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO NONFORFEITURE STANDARDS FOR MEN AND WOMEN, DESIGNATED AS REGULATION DOCUMENT NUMBER 980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3747 -- Rep. Carnell: A BILL TO AMEND SECTIONS 56-1-770 AND 56-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF POINTS ASSIGNED TO DRIVERS FOR VARIOUS TRAFFIC VIOLATIONS FOR COMPLETION OF A DEFENSIVE DRIVING COURSE AND MINIMUM STANDARDS AND CONDITIONS OF OPERATION FOR DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH PROCEDURES FOR THE APPROVAL OF DEFENSIVE DRIVING COURSES OFFERED BY DRIVER TRAINING SCHOOLS WHICH WILL QUALIFY THOSE SUCCESSFULLY COMPLETING THE COURSE FOR A REDUCTION OF POINTS, TO REQUIRE THE DEPARTMENT TO APPROVE COURSES WHICH MEET CERTAIN STANDARDS, AND INCLUDE AMONG THE MINIMUM STANDARDS A REQUIREMENT THAT DRIVER TRAINING SCHOOLS HAVE OR HAVE ACCESS TO SUFFICIENT FACILITIES AND EQUIPMENT TO CONDUCT A DEFENSIVE DRIVING COURSE OF EIGHT HOURS DURATION AND FOR A MINIMUM OF TEN STUDENTS.

H. 3993 -- Reps. Cork and White: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 7 SO AS TO DESIGNATE THE I-95, U.S. ROUTE 278 CONNECTOR ROAD IN JASPER AND BEAUFORT COUNTIES AS THE HILTON HEAD SCENIC HIGHWAY, AND TO PROHIBIT ALL OFF-PREMISES OUTDOOR ADVERTISING ON THIS SCENIC HIGHWAY.

H. 3018 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, AND TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.

Rep. ALTMAN explained the Bill.

H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.

Rep. WILKINS explained the Bill.

On motion Or Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4200 be read the third time tomorrow.

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3747 be read the third time tomorrow.

Rep. CORK asked unanimous consent that H. 3993 be read a third time tomorrow.

Rep. McCAIN objected.

On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3018 be read the third time tomorrow.

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3940 be read the third time tomorrow.

The following Bill was taken up.

H. 4021 -- Reps. Rudnick, Kirsh, Foster, G. Bailey and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3364J), which was adopted.

Amend the bill, as and if amended, by striking items (1) and (2) of Section 7-13-45, as contained in SECTION 1, and inserting:

/(1) designate a specified place other than a private residence where persons may file as candidates;

(2) establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he or some person he designates must be present at the designated place to accept filings;/

Amend title to conform.

The amendment was then adopted.

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

Rep. WILKINS asked unanimous consent that H. 4021 be read a third time tomorrow.

Rep. KLAPMAN objected.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.

The following Bill was taken up.

H. 3408 -- Reps. Blackwell, P. Harris and Waldrop: A BILL TO AMEND SECTION 31-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE HOUSING AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PROVIDE HOUSING ASSISTANCE TO THE BENEFICIARY CLASSES AND PERSONS OVER SIXTY-FIVE YEARS OF AGE OR INCAPABLE OF FULLY CARING FOR THEMSELVES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3370J), which was adopted.

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

/SECTION 1. Section 31-3-140 of the 1976 Code is amended to read:

"Section 31-3-140. Except as otherwise provided herein in this article, the Authority and the its commissioners thereof shall have the same functions, rights, powers, duties, privileges, immunities, and limitations as those provided for housing authorities created for cities, counties or groups of counties, and the commissioners of such the housing authorities. The Authority also may make home equity conversion mortgages to any Person who is a member of a beneficiary class of the Authority as provided in Section 31-13-170 (b), (o), and (p), and who is over sixty-five years of age. The Authority may prepare and administer a program for the home equity conversion mortgages and may coordinate any available funding for the program with the federal government and the private sector. Money received as a result of obtaining a home equity conversion mortgage must not be counted as income in a determination of entitlement to any public assistance. The term 'home conversion mortgage' means a first mortgage which provides for future payments to the homeowner based on accumulated equity.

The provisions of this chapter and Chapter 11 shall apply to the Authority in the same manner and to the same extent as such the provisions are applicable to a housing authority created for a city or a county, and the term 'Authority' or 'Housing Authority' as used in such the provisions shall be construed as including includes the South Carolina State Housing Authority unless a different meaning clearly appears from the context."

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

Amend title to conform.

Rep. DAVENPORT 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. WALDROP, with unanimous consent, it was ordered that H. 3408 be read the third time tomorrow.

Rep. PEARCE moved to adjourn debate upon the following Bill until Wednesday, May 4, which was adopted.

H. 3426 -- Rep. J. Brown: A BILL TO REQUIRE DEADBOLT LOCKS AND SECURITY CHAINS ON THE DOORS TO CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED DEADBOLT LOCK AND SECURITY CHAIN ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

The following Bill was taken up.

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

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 20 by the Committee on Education and Public Works.

Rep. TOWNSEND explained the amendment.

Reps. LIMEHOUSE and WASHINGTON objected to the Bill.

The following Bill was taken up.

H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Gordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.

Rep. TAYLOR moved to table the Bill.

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

The Bill was then tabled by a division vote of 42 to 41.

The following Bill was taken up.

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

Reps. ARTHUR and COOPER withdrew their objections to the Bill.

Rep. BARFIELD proposed the following Amendment No. 2 (Doc. No. 0085R), which was adopted.

Amend the bill, as and if amended, Section 50-11-4360, as contained in Section 4, by striking the last sentence and inserting:

"Any person failing to report by April 15th of each year, shall, on the second offense be denied a license for the following fiscal year."

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 2757 be read the third time tomorrow.

The following Bill was taken up.

H. 3683 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE TERM MOPED TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3406J).

Amend the bill, as and if amended, by deleting SECTION 4, page 2.

Amend further by striking SECTION 7, beginning on page 3, and inserting:

/SECTION 7. Section 56-5-3750 of the 1976 Code is amended to read:
"Section 56-5-3750. (A) Any person who sells, solicits, or advertises the sale of mopeds shall clearly and conspicuously shall label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. The seller also shall attach a metal tag to each moped identifying the vehicle as a moped. This tag must be designed by the Department of Highways and Public Transportation and must display information the department considers necessary for enforcement purposes. The metal tag must be displayed permanently on each moped and must not be removed at any time. Any seller of mopeds who fails to label or attach a metal tag to a moped or who knowingly labels a motorcycle or motor-driven cycle as a moped or attaches a metal tag to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for no not more than thirty days.

(B) It is unlawful for any person to operate a moped upon the public highways and streets of this State without displaying the metal tag which must be attached to the vehicle. Any person who violates the provisions Or this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

(C) Each vehicle which is incorrectly labeled or tagged, and each moped which is not labeled or tagged is a separate violation Or this section.

(D) Sellers of mopeds do not have to attach metal tags or display the tags as required by this section upon mopeds which have pedals and were manufactured before the effective date of this section. Operators of mopeds do not have to display the metal tag required by this section upon mopeds which have pedals and were manufactured before the effective date of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

Reps. BLANDING, McELVEEN and FABER objected to the Bill.

The following Bill was taken up.

H. 3739 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-740 AND 56-1-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSES BECAUSE OF ACCUMULATION OF POINTS UNDER THE POINT SYSTEM, SO AS TO ESTABLISH PERIODS OF SUSPENSION BASED ON POINT ACCUMULATION AND TO PROVIDE THAT A PERSON WHO ACCUMULATES TWENTY OR MORE POINTS IS NOT ENTITLED TO A REVIEW OF HIS RECORD.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3405J), which was adopted.

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

/SECTION 1. Section 56-1-740 of the 1976 Code is amended to read:

"Section 56-1-740. The State Highway Department may suspend, for a period of not more than six months, the driver's license and privilege of any a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for such the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against any driver as determined by the values designated in Section 56-1-720 may be presumed to indicate such indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, shall be is subject to suspension by the Department in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.

Periods of suspension of the license or privilege of a person for various accumulation of points must be as follows, with the person having the privilege to request a review of his driving record:

(1) twelve to fifteen points - three months' suspension;

(2) sixteen or seventeen points - four months' suspension;

(3) eighteen or nineteen points - five months' suspension;

(4) twenty points and over - six months' suspension."

SECTION 2. Section 56-l-820 of the 1976 Code is amended to read:

"Section 56-1-820. The licensee may within Within ten days after notice of suspension, the licensee may request in writing a review, and upon receipt of such the request, the Department shall afford him a review pursuant to Section 56-1-370 in accordance with the Administrative Procedures Act."

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

Amend title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then adopted.

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

Rep. ALTMAN asked unanimous consent that H. 3739 be read a third time tomorrow.

Rep. ARTHUR objected.

Rep. FELDER moved to reconsider the vote whereby H. 3993 was given a second reading and the motion was noted.

Rep. DANGERFIELD moved to reconsider the vote whereby H. 2197 was tabled and the motion was noted.

Rep. KLAPMAN asked unanimous consent that H. 4021 be read a third time tomorrow.

Rep. BLANDING objected.

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

The Senate returned to the House with concurrence the following:

H. 3444 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON THURSDAY, APRIL 28, 1988, AFTER THE ADJOURNMENT OF THE GENERAL ASSEMBLY, FRIDAY, APRIL 29, 1988, AND SATURDAY, APRIL 30, 1988, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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

H. 4210 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO REQUEST THE HONORABLE WILLIAM L. BALL, III, SECRETARY OF THE NAVY AND A NATIVE SOUTH CAROLINIAN, TO HAVE THE USS SOUTH CAROLINA CALL ON THE CHARLESTON NAVAL YARD DURING MAY 21 THROUGH MAY 23, 1988, IN ORDER TO PARTICIPATE IN THE CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO ADOPT THE USS SOUTH CAROLINA AS THE OFFICIAL SHIP OF THE STATE OF SOUTH CAROLINA.

H. 4215 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO MRS. LaNELLE SAMUELS FOR HER MANY YEARS OF DEVOTED AND DEDICATED SERVICE TO PUBLIC EDUCATION, FOR HER FIFTEEN YEARS OF OUTSTANDING LEADERSHIP AS A MEMBER, VICE-CHAIRMAN, AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, AND EXTENDING TO HER BEST WISHES ON THE OCCASION OF HER RETIREMENT FROM PUBLIC SERVICE ON THE SCHOOL BOARD.

H. 4216 -- Rep. Edwards: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. TIMOTHY ALAN KECK OF SPARTANBURG COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND TO THE ADMINISTRATION, FACULTY, AND STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AND DR. KECK'S MANY OTHER FRIENDS.

H. 4223 -- Rep. Baxley: A CONCURRENT RESOLUTION CONGRATULATING THE EMPLOYEES OF THE L'EGGS PRODUCTS, INC., HOSIERY GROUP, SARA LEE CORPORATION, OF DARLINGTON COUNTY FOR TEN YEARS AND FOURTEEN MILLION MAN-HOURS WITHOUT A LOST-TIME ACCIDENT.

At 12:05 P.M. the House in accordance with the motion of Rep. WASHINGTON adjourned to meet at 10:00 A.M. tomorrow.

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