Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God Who of old did guide our fathers through the perils of pioneer days, guide us now to meet the challenges of our time. Grant us clear minds, dauntless courage, and persevering faith. Make us workmen who have no need to be ashamed. In response to the many and varied demands of our great State, keep us discerning and understanding. In our dealings with each other, invest in us the kind and courteous attitude. Make us determined to uphold all that is holiest in heritage and to welcome all that promises a healthy future.

Thank You, Lord, for this privilege of prayer. 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 Friday, the SPEAKER ordered it confirmed.

The following was received.
Columbia, S.C., April 28, 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. 1218:
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 MARE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO EXEMPT AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; TO AMEND SECTION 38-75-210, RELATING TO THE REQUIREMENT THAT HAZARD INSURANCE ON MOBILE HOMES MAY NOT BE WRITTEN FOR A PERIOD IN EXCESS OF THREE YEARS, SO AS TO CHANGE THE BASIS ON WHICH A REFUND IS MADE IF THE POLICY IS CANCELED DURING THE SECOND YEAR OF THE POLICY TERM; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSURER OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., April 28, 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. 1292:
S. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., April 28, 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. 1222:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., April 28, 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 H. 3068:
H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.

April 28, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 990)

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on April 28, 1988 regulations concerning Fees from the S.C. State Board of Cosmetology.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.

May 2, 1988

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 2024, R.537, an Act:
(R537) H. 2024 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND SECTIONS 38-77-140, 38-77-150, 56-9-20, 56-9-353, 56-9-480, AND 56-9-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES AND UNINSURED MOTORISTS' POLICIES OR CONTRACTS, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT AND THE AMOUNT CREDITED WHICH SATISFIES A JUDGMENT IN EXCESS OF THAT AMOUNT FOR PURPOSES OF PROOF OF FINANCIAL RESPONSIBILITY, TO CHANGE THE DEFINITION OF PROOF OF FINANCIAL RESPONSIBILITY TO REFLECT THE INCREASE, AND TO INCREASE THE AMOUNT OF CASH OR SECURITIES REQUIRED TO BE DEPOSITED WITH THE STATE TREASURER TO OBTAIN A CERTIFICATE TO PROVE FINANCIAL RESPONSIBILITY FROM THIRTY-FIVE THOUSAND DOLLARS TO FORTY THOUSAND DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1110 SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE A REGULATION TO PROVIDE FOR THE CALCULATION AND REFUNDING OF EXCESS PROFITS OF INSURANCE COMPANIES AND TO ESTABLISH WHEN THE INCREASED FINANCIAL RESPONSIBILITY REQUIREMENTS MUST TAKE EFFECT.

This bill raises the minimum limits for the property damage component of liability coverage. Liability coverage is mandatory for all insureds in South Carolina and H. 2024 (R.537) raises the minimum limits from $5,000 to $10,000. It will produce an immediate rate hike of between $2.00 and $7.00 for the approximate 18% of our driving population who carry minimum limits. The rate hike will, accordingly, fall on the poorest people of this state, and it will erase some of the rate reduction for good drivers which will go into effect on July 1, 1988, as a result of passage of Act 166.

Furthermore, while only 18% of the driving population as a whole carries minimum limits, roughly 47% of the driving population in the Reinsurance Facility carry minimum limits. Increasing the minimum limits will almost certainly result in an increase in this component of the Reinsurance Facility loss, which is ultimately paid by all insureds in South Carolina through the recoupment process.

Attached hereto is a copy of the Reinsurance Facility operating results for property damage coverage dated April 20, 1988. This report reveals, in part, that the average claim payment by the Facility for this coverage increased 4.55% from the quarter one year ago, and 12.20% from a three year average. The total amount paid increased 19.07% from the quarter a year ago, and 35.88% from a three year average; and the number of paid closed claims increased 13.86% from the quarter a year ago and 21.99% over a three year average. H. 2024 (R.537) will only worsen these trends.

Lastly, raising the limits, and consequently, the cost of insurance is moving in the wrong direction. A recent "Study of the Availability and Affordability of Automobile Insurance in Los Angeles County" by the California Department of Insurance recommends considering lowering of the minimum damage limits from $5,000 to $2,500. The rationale was that the new limits would initially be 25% cheaper, thus encouraging some people who are currently driving uninsured to purchase insurance and thus cut down the number of uninsured motorist claims.

As I have stated on numerous occasions, I will not sign any automobile insurance bill into law that raises rates for the benefit of special interest groups. If persons with minimum limits wish to purchase higher limits, they have the perfect right to do so under current law, and I will not abridge their freedom of choice.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. DANGERFIELD moved to adjourn debate upon the Veto, which was adopted.

The Senate sent to the House the following:

S. 1470 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. HARRY P. VANKERKHOFF OF AIKEN COUNTY WHO DIED ON SUNDAY, APRIL 24, 1988.

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

The Senate sent to the House the following:

S. 1471 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF L. GLENN HOLLEY OF AIKEN COUNTY WHO DIED ON FRIDAY, APRIL 22, 1988.

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

The Senate sent to the House the following:

S. 1472 -- Senators Powell and Bryan: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. HELEN CHASE LADD NEUFFER, OF ABBEVILLE, WHO DIED TUESDAY, APRIL 5, 1988.

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

The Senate sent to the House the following:

S. 1475 -- Senators Hayes, Hinson and Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE THE WINTHROP COLLEGE MEN'S BASKETBALL TEAM ON WINNING THE BIG SOUTH TOURNAMENT.

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. 4228 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO THE CONSUMPTION, POSSESSION AND SALE OF ALCOHOLIC BEVERAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 162 -- Senator Lourie: A BILL TO AMEND CHAPTER 11 OF TITLE 19, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPETENCY OF WITNESSES, BY ADDING SECTION 19-11-95 SO AS TO DEFINE HEALTH CARE PROFESSIONAL, TO PROVIDE THAT MEDICAL INFORMATION CONCERNING THE PHYSICAL OR MENTAL CONDITION OF A PATIENT IS PRIVILEGED INFORMATION, TO PROVIDE INSTANCES IN WHICH THE PRIVILEGE IS WAIVED AS TO THE HEALTH CARE PROFESSIONAL, AND TO PROVIDE THAT ANY HEALTH CARE PROFESSIONAL IS NOT LIABLE FOR THE RELEASE OF THE INFORMATION TO AUTHORIZED PERSONS.

Referred to Committee on Judiciary.

S. 496 -- Senator Hayes: A BILL TO AMEND SECTION 39-57-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OPPORTUNITY SALES ACT, SO AS TO FURTHER PROVIDE FOR CERTAIN EXCEPTIONS TO THE PROVISIONS OF THE BUSINESS OPPORTUNITY SALES ACT.

Referred to Committee on Ways and Means.

S. 1306 -- Senators Applegate, Macaulay and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO AUTHORIZE MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE DISTRICTS, AND SCHOOL DISTRICTS TO ACQUIRE IMPROVEMENTS UNDER LEASE-PURCHASE CONTRACTS, TO DEFINE THE TERMS AND CONDITIONS UNDER WHICH THESE LEASE-PURCHASE ARRANGEMENTS MAY BE ENTERED INTO, TO REQUIRE SEALED BIDS UNDER CERTAIN CONDITIONS, AND TO PRESCRIBE THE TERMS UPON WHICH THE BIDS MUST BE PUBLISHED AND RECEIVED.

Referred to Committee on Ways and Means.

S. 1334 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE TAX COMMISSION, BY ADDING SECTION 12-54-225 SO AS TO AUTHORIZE THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX RETURNS, INFORMATION THEREON, AND RELATED INFORMATION.

Referred to Committee on Ways and Means.

S. 1355 -- Senator Doar: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.

Referred to Committee on Judiciary.

S. 1360 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 SO AS TO ENACT THE UNIFORM UNCLAIMED PROPERTY ACT (1981), TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REPEAL CHAPTER 17 OF TITLE 27, THE UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.

Referred to Committee on Ways and Means.

S. 1361 -- Senator Waddell: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE QUINCENTENNIAL OF COLUMBUS' DISCOVERY OF THE NEW WORLD AND SUBSEQUENT EUROPEAN EXPLORATION AND SETTLEMENT OF SOUTH CAROLINA AND TO ESTABLISH THE COLUMBIAN QUINCENTENNIAL COMMISSION OF SOUTH CAROLINA.

Referred to Committee on Education and Public Works.

S. 1429 -- Senators Bryan and Waddell: A BILL TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE TAX COMMISSION, SO AS TO INCLUDE WAREHOUSE DISTRIBUTION CENTERS OF FIVE HUNDRED THOUSAND SQUARE FEET OR MORE IN PROPERTY TO BE ASSESSED BY THE COMMISSION.

Referred to Committee on Ways and Means.

S. 1430 -- Senator Hayes: A BILL TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES.

Referred to York Delegation.

S. 1438 -- Senators Saleeby, Peeler, Lee and Land: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATIONS OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE WHICH RESULTS IN A REQUIRED REPORT.

Referred to Committee on Education and Public Works.

S. 1445 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.

Referred to Committee on Agriculture and Natural Resources.

S. 1453 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING OF NONPUBLIC INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 976, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1454 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTIONAL ASSISTANCE: PALMETTO FELLOWS SCHOLARSHIP PROGRAM AND IMPROVING UNDERGRADUATE INSTRUCTION - COMPETITIVE GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 975, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1456 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO PERSONNEL ADMINISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 965, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Ways and Means.

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

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

I came in after the roll call and was present for the Session on May 3, 1988.

Grady Brown                       C.D. Chamblee
R.S. Corning                      James H. Hodges
C. Lenoir Sturkie                 John H. Burriss
Ralph Davenport                   Thomas A. Limehouse
Doug E. McTeer                    James C. Johnson
Stephen P. Lanford                Derham Cole
E.B. McLeod                       Robert A. Kohn
B.J. Gordon                       Juanita M. White
E. Crosby Lewis                   Larry Koon
Larry Gentry

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, May 3, 1988.

Rep. Robert O. Kay                 Rep. T.W. Edwards

The SPEAKER granted Rep. BURCH a leave of absence for today and tomorrow.

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

Announcement was made that Dr. Beverly Simons of Eastover is the Doctor of the Day for the General Assembly.

The following was introduced:

H. 4229 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE KAY KIRKPATRICK FOR HER DEDICATED AND EFFICIENT SERVICE TO PUBLIC EDUCATION AS A MEMBER, VICE-CHAIRMAN, AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2 AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.

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

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

S. 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.

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.

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.

The following Bill was taken up.

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.

The motion of Rep. FELDER to reconsider the vote whereby the Bill was given a second reading was taken up.

Rep. CORK moved to table the motion to reconsider, which was agreed to by a division vote of 35 to 12.

Reps. FELDER, LOCKEMY and McCAIN objected to the Bill.

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

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.

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 following Joint Resolution was taken up.

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

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

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

H. 3769 -- Rep. Edwards: A BILL TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.

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

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 CHANCING 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.

Rep. HAYES explained the Bill.

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.

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.

On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1073 be read the third time tomorrow.

The following Bill was taken up.

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.

Rep. SIMPSON objected to the Bill.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3368J), which was adopted.

Amend the bill, as and if amended, in Section 6-7-710 of the 1976 Code, as contained in SECTION 1, page 2, line 10, by inserting after /landscaping/ /and/; on lines 15 and 16 by striking /and trees located on private property/ and inserting /, nor shall this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines/; and on line 19 by inserting before / Such /The South Carolina Forestry Commission, through its Urban Forestry assistance program may provide recommendations and assistance to municipalities and counties for evaluation, care, and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction./ so that when amended Section 6-7-710 shall read:

/Section 6-7-710. For the purposes of guiding development in accordance with existing and future needs and in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, the governing authorities of municipalities and counties may, in accordance with the conditions and procedures specified in this chapter, regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports, and approaches thereto to them, water supply, sanitation, protection against floods, public activities, and other purposes. The regulations shall must be made in accordance with the comprehensive plan for the jurisdiction as described in this chapter and shall must be designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers, to promote the public health and the general welfare, to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to protect scenic areas; to include provisions for landscaping and protection and regulation of trees in consideration of their value from an environmental, agricultural, aesthetic, scenic or preservation standpoint, however, this authority does not include the regulation of commercial timber operations, nor shall this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The South Carolina Forestry Commission, through its Urban Forestry assistance program, may provide recommendations and assistance to municipalities and counties for evaluation, care and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction. Such These regulations shall must be made with reasonable consideration, among other things, of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land and buildings and structures."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Rep. ARTHUR moved to adjourn debate upon the following Bill until Tuesday, May 10, which was adopted.

H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.

The following Bill was taken up.

H. 4180 -- Reps. Haskins and J. Bradley: A BILL TO PROVIDE THAT STUDENT TEACHING EXPERIENCE IN A PRIVATE SCHOOL SETTING MEETS THE TEACHER EDUCATION PROGRAM REQUIREMENTS OF THE SOUTH CAROLINA STATE BOARD OF EDUCATION IF, ON AN ANNUAL BASIS, ASSIGNMENT FOR THE STUDENT TEACHING EXPERIENCE REQUIREMENT BY AN INSTITUTION IS PREDOMINANTLY IN THE PUBLIC SCHOOL SETTING.

Rep. TAYLOR moved to table the Bill.

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

Those who voted in the affirmative are:

Altman                 Bailey, K.             Barfield
Bennett                Blanding               Brown, J.
Brown, R.              Chamblee               Dangerfield
Day                    Elliott                Faber
Foster                 Gilbert                Gregory
Harris, P.             Johnson, J.C.          Kirsh
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McGinnis
McTeer                 Nesbitt                Nettles
Pearce                 Phillips, L.           Rudnick
Shelton                Short                  Snow
Taylor                 Townsend               Tucker
Washington             Whipper                White
Williams

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Aydlette
Baker                  Baxley                 Blackwell
Bradley, J.            Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cole                   Cork                   Corning
Davenport              Derrick                Fair
Felder                 Foxworth               Harris, J.
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Holt
Humphries              Johnson, J.W.          Keyserling
Klapman                Koon                   Lanford
Mappus                 Martin, L.             McEachin
Moss                   Neilson                Pettigrew
Sharpe                 Simpson                Sturkie
Thrailkill             Wells                  Wilder
Winstead

So, the House refused to table the Bill.

Reps. TAYLOR, WASHINGTON, WHITE, McBRIDE, FOSTER, KIRSH, SHELTON, K. BAILEY and McGINNIS objected to the Bill.

The following Bill was taken up.

S. 434 -- Education Committee: a BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

Reps. LEWIS and McTEER proposed the following Amendment No. 2 (Doc. No. 4545Y), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2, and inserting:

/SECTION 2. Section 59-20-60(4)(c) of the 1976 Code is amended to read:

"(c) participate in the statewide testing program, which must include nationally normed achievement tests, as prescribed by the State Board of Education."

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

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

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

Rep. FOXWORTH explained the Bill.

Reps. KLAPMAN and TUCKER objected to the Bill.

The following Bill was taken up.

S. 1163 -- Senator Drummond: A BILL TO AMEND CHAPTERS 11 AND 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0091R), which was adopted.

Amend the bill as and if amended, by striking the last paragraph of Section 50-11-380 and inserting:

Any person convicted of violating the provisions of this section must be imprisoned for not more than thirty days or fined not more than two hundred dollars.

Amend the bill further by striking Section 50-11-780 in its entirety and inserting:

Section 50-11-780. No dog is required to be constrained by a leash while it is actually engaged in hunting game and under supervision. As used in this section "supervision" means that the owner of the dog or his designee is either in the vicinity of the dog or in the process of trying to retrieve the dog.

Amend the bill further by striking Section 50-11-853 and inserting:

Section 50-11-853. No person, except the owner, shall catch, kill, capture, or detain a homing, racing, or carrier pigeon which at the time of its capture or detention has the name or initials of its owner, its number, or another mark designating it as a homing, racing, or carrier pigeon. A person violating the provisions of this section 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.

Amend the bill further by striking the last paragraph of Section 50-11-920 and inserting:

Any person convicted of violating the provisions of this section is guilty of a misdemeanor and is subject to a fine of not more than two hundred dollars or imprisonment for a period not exceeding thirty days, or both.

Amend the bill further by striking the last paragraph of Section 50-11-930 and inserting:

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days.

Amend the bill further by striking the last paragraph of Section 50-11-960 and inserting:

Any person killing or maiming any bird or animal within the sanctuary 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. Any person who kills squirrels on his own property is not subject to the provisions of this section.

Amend the bill further by striking Section 50-11-970 in its entirety and inserting:
Section 50-11-970. The area in Richland County consisting of the lands and waters owned by the Lake Dogwood Corporation is designated a waterfowl sanctuary. It is unlawful for any person to trap, hunt, or molest in any manner any species of duck or goose, or to molest any duck or goose nest in the refuge. Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

Amend the bill further by striking Section 50-11-1530 in its entirety and inserting:

Section 50-11-1530. Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred dollars or thirty days' imprisonment for each offense and shall forfeit his license and tags and may not secure any additional license during that year.

Amend the bill further by striking Section 50-11-2500 in its entirety and inserting:

Section 50-11-2500. Any person desiring to hold fur more than thirty days after the end of the regular season for taking furbearers shall apply to the license division for a permit at no cost to hold the fur. The applications for the permits must contain an itemized list of furs to be held along with their fur tag numbers. The possession of any raw or green fur, pelt, or hide of any furbearing animal more than thirty days after the end of the regular season for taking furbearers other than provided for in this section is illegal.

Amend the bill further by striking Section 50-17-80 and inserting:

Section 50-17-80. It is unlawful to fish from a boat within one hundred fifty feet of commercial fishing piers extending into the Atlantic Ocean. Any person violating the provisions of this section 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.

Amend the bill further by striking paragraph 2 of Section 50-17-422 and inserting:

A gill net of over one hundred yards in length used in the Atlantic Ocean from the shoreline seaward to the three mile territorial limit must be marked with buoys, red or international orange in color, not less than twenty inches in diameter which float above the water in a manner to be clearly visible at all times. One buoy must be attached to the float line of the net every one hundred yards and one of the buoys must be attached to each end of the net. At least one buoy attached to the net must have the name and license number of the owner clearly marked on it.

Amend the bill further by striking Section 50-17-930 in its entirety.

Amend the bill further by striking Item (4) of Section 50-17-1010 and inserting:

(4) that area within one-quarter mile of the shores of the ocean beaches of Hunting Island and within one-quarter mile of the beach of Hilton Head from Braddock Cove along the beach to Fish Haul Creek in Beaufort County.

Amend title and renumber sections to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0098R), which was adopted.

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

SECTION 1. Section 50-21-610 of the 1976 Code is amended to read:

"Section 50-21-610. (1) The Department may promulgate regulations which establish boat construction or associated equipment performance or other safety standards.

(2) In order that boatmen may pass from jurisdiction to jurisdiction in an unhindered manner:

(a) Regulations promulgated by the Department which establish any boat construction or associated equipment, performance, or other safety standard must be identical to federal regulations for enforcement purposes except that regulations requiring the carrying or using of marine safety articles to meet uniquely hazardous conditions or circumstances within this State may be adopted if regulations for these safety articles are not disapproved by the United States Coast Guard, and if the regulations are not in conflict with federal requirements;

(b) Operational regulations and other equipment regulations such as for mufflers must not be in conflict with federal requirements, and the department shall promulgate regulations not in conflict with federal requirements which require that boats with inboard motors or inboard/outboard motors are equipped with mufflers in good working order or with an acceptable sound retarding covering to prevent excessive, unusual, or annoying noise".

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

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

Rep. McEACHIN explained the Bill.

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

Reps. WASHINGTON, BLANDING, GILBERT, SHELTON, TOWNSEND, FABER, K. BAILEY, McGINNIS, GORDON and J. BROWN withdrew their objections to the following Bill.

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.

Reps. BAXLEY, R. BROWN, WASHINGTON and McTEER withdrew their objections to the following Bill.

S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.

Rep. McELVEEN withdrew his objection to the following Bill.

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.

Reps. T. ROGERS, McBRIDE and TAYLOR withdrew their objections to the following Bill.

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

Reps. TAYLOR, R. BROWN and McTEER withdrew their objections to the following Bill.

S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.

Rep. SHARPE withdrew his objection to H. 3905 however, other objections remained upon the Bill.

The motion of Rep. DANGERFIELD to reconsider the vote whereby the following Bill was tabled 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. CORNING moved to table the motion to reconsider, which was agreed to.

Rep. J. BRADLEY with unanimous consent, made a statement relative to not seeking the candidacy for a Circuit Court Judgeship.

Rep. PEARCE moved to waive Rule 6.1, which was agreed to.

Rep. FOSTER moved to reconsider the vote whereby S. 1073 was given unanimous consent to receive a third reading tomorrow and the motion was noted.

Rep. FOSTER moved to reconsider the vote whereby S. 1073 was given a second reading and the motion was noted.

Rep. GILBERT, with unanimous consent, made a statement relative to his son's hospitalization at the Medical University in Charleston.

The following was received.
Columbia, S.C., May 3, 1988

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WILKINS the invitation was accepted.

Rep. WILKINS moved that the House stand at ease during the Ratification of Acts, and upon completion, the House stand adjourned, which was adopted.

At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R550) S. 1167 -- Medical Affairs Committee: AN ACT 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.

(R551) S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: AN ACT TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.

(R552) S. 1277 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES AND MUNICIPAL CORPORATIONS, SO AS TO EXEMPT FROM BUSINESS LICENSE TAXES ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES WHICH ARE EXEMPT FROM LICENSE TAX UNDER ANOTHER LAW AND TO LIMIT THE RIGHT TO LEVY A BUSINESS LICENSE TAX ON BUSINESSES ENGAGED IN MAKING LOANS SECURED BY REAL ESTATE.

(R553) S. 1181 -- Senators Peeler and Lee: AN ACT TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.

(R554) S. 1321 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R555) S. 1322 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R556) S. 1110 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES- AND TO PROVIDE PENALTIES.

(R557) 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.

(R558) 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.

(R559) 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.

(R560) S. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: AN ACT TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OR SALE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.

(R561) S. 1155 -- Senators Hayes and Giese: AN ACT 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.

(R562) S. 1180 -- Senators Dennis, Lindsay, Holland, and Horace C. Smith: AN ACT 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.

(R563) S. 1064 -- Senators Drummond, Patterson, Williams and Leventis: AN ACT 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 BROADEN AND MORE SPECIFICALLY DEFINE THE PRACTICES WHICH DEAL WITH LIMITS ON COMPETITION AND UNLAWFUL REPRESENTATION AND ADVERTISING; AND TO REPEAL SECTION 40-37-190 RELATING TO THE UNLAWFUL DISCOUNTING OF THE COST OF EYE EXAMINATIONS OR OFFERING THEM AS PREMIUMS.

(R564) S. 1325 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R565) S. 1323 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD RELATING TO FIRE SAFETY: EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R566) S. 1191 -- Senators Land and Stilwell- AN ACT TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

(R567) S. 1218 -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1105 SO AS TO PROVIDE THAT THE DEFINITION OF "UNDERINSURED MOTOR VEHICLE" CONTAINED IN SECTION 38-77-30 MAY NOT BE USED BY AN INSURER UNLESS THE INSURER REDUCES HIS RATE FOR UNDERINSURED MOTORIST COVERAGE BY AN AMOUNT DETERMINED APPROPRIATE BY THE CHIEF INSURANCE COMMISSIONER AND REFUNDS ANY PREMIUMS THAT THE COMMISSIONER DETERMINES IS NECESSARY TO CORRESPOND WITH THE NEW DEFINITION, PROVIDE THE CONDITIONS UNDER WHICH AN INSURER MAY USE THE DEFINITION IN ITS SETTLEMENT NEGOTIATIONS AND TO PROVIDE A PENALTY FOR VIOLATIONS.

(R568) S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: AN ACT TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT.

(R569) S. 1222 -- Senators Doar, Waddell, Garrison and Bryan: AN ACT 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.

(R570) S. 916 -- Senators Applegate, Courson, Hayes, Land and Nell W. Smith: AN ACT 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 AND TO AMEND SECTION 39-16-20, RELATING TO THE PRINTS TO WHICH CHAPTER 16 OF TITLE 39 DOES NOT APPLY, SO AS TO ADD A FINE PRINT FOR WHICH PROOF EXISTS THAT THE PRINT WAS PRINTED NO LESS THAN ONE HUNDRED YEARS PRIOR TO THE DATE OF SALE.

(R571) S. 745 -- Senator Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.

(R572) S. 949 -- Senators Garrison and Powell: AN ACT TO PROVIDE FULL MAGISTERIAL POWERS TO THE MINISTERIAL MAGISTRATES IN ANDERSON COUNTY TO BE EXERCISED AS DIRECTED BY THE CHIEF MAGISTRATE OF ANDERSON COUNTY.

(R573) S. 1149 -- Senator McConnell: AN ACT 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.

(R574) S. 1079 -- Senators Doar, McLeod and Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, PY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.

(R575) H. 3771 -- Education and Public Works Committee: AN ACT TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-101-10, RELATING TO DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO INCLUDE IN THE LISTING OF SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD, THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE THE PROVISION THAT THE COLLEGE OF CHARLESTON IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND TO DELETE OTHER PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT LANDER IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE PROVISIONS OF LAW REGARDING FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE ARE APPLICABLE, SO AS TO DELETE REFERENCE TO THOSE INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE OTHER PROVISIONS AND LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITIONS UNDER THE PROVISIONS OF LAW REGARDING THE DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO INCLUDE REFERENCE TO THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, BOARD OF TRUSTEES OF LANDER COLLEGE, AND THE BOARD OF TRUSTEES OF FRANCIS MARION COLLEGE UNDER THE DEFINITION OF "STATE INSTITUTION", AND DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, TO PROVIDE FOR THE CESSATION OF THE STATE COLLEGE BOARD OF TRUSTEES AND FOR CONSTRUING REFERENCES TO "STATE COLLEGE BOARD OF TRUSTEES" IN ANY LAW OF THIS STATE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE FOR THE ELECTION AND THE APPOINTMENT OF THE INITIAL TRUSTEES FOR THE GOVERNING BOARDS OF THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE, AND TO PROVIDE FOR THE COMMENCEMENT OF THE TERMS OF ALL INITIAL TRUSTEES; TO AMEND SECTION 59-127-20, RELATING TO THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, SO AS TO ADD AS EX OFFICIO MEMBERS TO THE BOARD OF TRUSTEES THE RESPECTIVE CHAIRMEN OF THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE, OR A DESIGNEE BY EITHER CHAIRMAN FROM THE MEMBERSHIP OF THE RESPECTIVE COMMITTEES, AND PROVIDE FOR THE SERVICE OF A DESIGNEE; AND TO PROVIDE THAT THE PRESIDENT OF THE STATE COLLEGE BOARD OF TRUSTEES, WHOSE OPTION IT IS TO SERVE AS A TRUSTEE ON THE NEW, SEPARATE BOARD OF TRUSTEES FOR AN APPROPRIATE TWO-YEAR TERM EXPIRING JUNE 30, 1990, IS LIMITED TO SERVING AS A TRUSTEE ON ONLY ONE OF THE THREE NEW, SEPARATE BOARDS OF TRUSTEES ESTABLISHED BY THIS ACT.

(R576) H. 3751 -- Reps. T.M. Burriss and Dangerfield: AN ACT TO AMEND SECTION 34-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL AND SPECIAL MEETINGS OF CREDIT UNIONS, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR SPECIAL MEETINGS OF CREDIT UNIONS.

(R577) H. 3752 -- Reps. M.D. Burriss, J. Bradley, Humphries, Kirsh, Felder, T. Rogers, Davenport, Harvin, Rhoad, Petty, McGinnis and Day: AN ACT TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY TAUNT, TEASE, PHYSICALLY ABUSE, INTERFERE OR MEDDLE WITH, OR TO INJURE OR KILL A DOG USED BY A LAW ENFORCEMENT DEPARTMENT OR AGENCY IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF THE DEPARTMENT OR AGENCY OR WHEN PLACED IN A KENNEL OFF DUTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R578) H. 4160 -- Reps. Blackwell, M.O. Alexander, Baker, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice and Wilkins: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE PARAMOUNT PRECINCT.

(R579) H. 2902 -- Rep. L. Phillips: AN ACT TO AMEND SECTION 59-30-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT MAKE-UP TESTS, SO AS TO PROVIDE FOR A MAKE-UP PERIOD FOR TAKING A MISSED TEST.

(R580) H. 3323 -- Rep. Sharpe: AN ACT TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO REGULATE THE TRAINING, CARE, CUSTODY, AND CONTROL OF DANGEROUS DOGS, TO PROVIDE FOR THEIR SEIZURE, IMPOUNDMENT, AND DESTRUCTION, TO DEFINE PERSONS WHO MAY LAWFULLY ENTER PROPERTY WHERE DANGEROUS DOGS ARE LOCATED, AND TO PROVIDE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT MAGISTRATES HAVE JURISDICTION TO TRY CASES INVOLVING VIOLATIONS.

(R581) H. 3460 -- Rep. Petty: AN ACT TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR AUCTIONEERS' LICENSES, SO AS TO INCREASE THE FEE FOR AN APPRENTICE AUCTIONEER LICENSE FROM FIFTY DOLLARS TO ONE HUNDRED DOLLARS.

(R582) H. 4096 -- Reps. Beasley and Baxley: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DARLINGTON POST NO. 13 OF THE AMERICAN LEGION.

(R583) H. 3955 -- Reps. Kirsh, McLellan, McTeer and Elliott: AN ACT TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.

(R584) H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: AN ACT TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.

The Senate returned to the Houses with concurrence the following:

H. 3587 -- Reps. J. Bradley, Mappus, Kohn, G. Bailey, M.O. Alexander, Neilson, J.W. McLeod and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE STATE OF SOUTH CAROLINA FOR THE CONTINUATION OF STATE REGULATION OF INSURANCE AND TO OPPOSE THE REPEAL OR AMENDMENT OF THE McCARRAN-FERGUSON ACT WHICH LEAVES THE REGULATION OF THE INSURANCE BUSINESS TO THE STATES.

H. 4229 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE KAY KIRKPATRICK FOR HER DEDICATED AND EFFICIENT SERVICE TO PUBLIC EDUCATION AS A MEMBER, VICE-CHAIRMAN, AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2 AND TO EXTEND TO HER BEST WISHES IN ALL HER FUTURE ENDEAVORS.

At 1:15 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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