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:

Father God, our celebration and joy at the Constitution Bicentennial cannot be limited to one day, but thanksgiving overflows in our hearts now and every day. Forbid that we should ever be satisfied with a mere celebration of the events of 200 years ago. May the review of those events inspire us that each generation must continue to make this Nation great. As amazing as was that gathering 2 centuries ago which produced what is now the oldest written constitution still in effect, cause us now and always to rejoice that it contains the true American philosophy of government. We thank You for the value it places on each citizen as "we the people". We praise You that our government remains "of the people, by the people and for the people".

Make us to remain always "One Nation under God".

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 from the Senate.

Columbia, S.C., May 24,1988
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to:
H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: a BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.
and asks for a Committee of Conference and has appointed Senators Doar, Long and Hayes of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 57

Whereupon, the Chair appointed Reps. PEARCE, STURKIE and McEACHIN to the Committee of Conference on the part of the House, and a message was ordered sent to the Senate accordingly.

The following was received.

Columbia, S.C., May 24, 1988
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WINSTEAD the invitation was accepted.

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

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

Rep. BEASLEY proposed the following Amendment No. 5 (Doc. No. 4207J), which was adopted.

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

/SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-104-10. (A) In consultation and coordination with the public institutions of higher learning in this State, the State Commission on Higher Education shall ensure that minimal admissions standards are maintained by the institutions.

The commission, with the institutions, shall monitor the effect of compliance with admissions prerequisites that are effective in fall, 1988.

(B) It is the intent of the General Assembly that out-of-state students may not compose more than thirty percent of the undergraduate freshman class enrollment of each state-supported college and university, except the Citadel, beginning with the 1989-90 academic year and continuing with each freshman class entering after the 1989-90 academic year through the 1991-92 academic year. It is the intent of the General Assembly that out-of-state students may not compose more than thirty percent of the total undergraduate enrollment of each state-supported college and university, except the Citadel, in any academic year beginning 1992-93. It is the intent of the General Assembly that out-of-state students may not compose more than fifty percent of the freshman class enrollment of the corps of cadets at the Citadel beginning with the 1989-90 academic year and continuing with each freshman class of the corps entering after the 1989-90 academic year through the 1991-92 academic year. It is the intent of the General Assembly that out-of-state students may not compose more than fifty percent of the total enrollment of the corps of cadets at the Citadel in any academic year beginning 1992-93. For purposes of this section, enrollment must be calculated on a full-time equivalency basis with the equivalent of one full-time student being a student enrolled for thirty credit hours in a year. Out-of-state students means students who are not eligible for in-state rates for tuition and fees under Chapter 112 of Title 59.

Upon the effective date of this chapter, the commission shall begin working with any state-supported college or university whose percentage of total and freshman out-of-state undergraduate student enrollment in the 1987-88 or 1988-89 academic years exceeds the percentage limitations specified for subsequent years. The commission shall make a report annually to the General Assembly, beginning with a report for the 1988-89 academic year, which identifies any state-supported college or university whose percentage of out-of-state undergraduate student enrollment exceeds the percentage limitations specified in this section, describes the reasons the percentage exceeds the limitations, and describes the plan of each identified college or university for reducing its percentage of out-of-state undergraduate students. For the 1988-89 academic year report, the commission shall include those state-supported colleges and universities whose percentage of out-of-state undergraduate students exceeds the percentage limitations specified for subsequent years.

Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's postsecondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education, half to be provided by the postsecondary institution at which he is enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.

Section 59-104-30. Each public institution of higher learning in this State shall develop a plan for developmental education in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The commission shall conduct a study as well as evaluations and reviews of developmental education in this State. The commission shall develop appropriate methods of funding developmental education programs and courses.

Section 59-104-40. (A) The technical education system in this State shall convert from the quarter calendar to the semester calendar, if funds are appropriated for this purpose. The Commission on Higher Education shall request state appropriations for the conversion to be funded and completed over a two-year period.

(B) The State Board of Technical and Comprehensive Education, in consultation with the commission, shall adopt policies and procedures that prohibit technical colleges from offering courses which do not support authorized certificate, diploma, or degree programs. The offering of 'college parallel' general education courses in institutions not authorized to award the associate in arts or associate in science degree is limited to those necessary to support approved nontransfer associate degree programs. The commission, after consultation with the State Board for Technical and Comprehensive Education and with public senior colleges and universities, shall establish rules and procedures by which this limitation must be regulated. The commission shall continue to work with all of the institutions to improve articulation concerning courses acceptable for transfer.

Section 59-104-210. A competitive grants program is established to improve undergraduate education in South Carolina. The State Commission on Higher Education shall administer the program, promulgate appropriate regulations, and request annual state appropriations for this purpose. All public and private nonproprietary postsecondary institutions accredited by the Commission on Colleges of the Southern Association of Colleges and Schools are eligible to participate in this program.

Section 59-104-220. The Governor's Professor of the Year Award is established as follows:

(1) Each public or private institution of higher learning in this State is eligible to nominate one faculty member for this award who has demonstrated exceptional teaching performance.

(2) The Governor's office in conjunction with the Commission on Higher Education shall establish a committee to choose the Professor of the Year. The committee must consist of representatives of the Governor's office, the commission, and appropriate civic, business, government, and academic organizations.

(3) The award must include a citation and a payment of five thousand dollars. The Governor's office shall host an appropriate ceremony at which the award must be presented.

(4) The commission shall request annual state appropriations for the award.

Section 59-104-230. The Commission on Higher Education shall request state funds and establish procedures to implement a program of endowed professorships at senior public institutions of higher learning to enable the institutions to attract or retain productive faculty scholars who are making or show promise of making substantial contributions to the intellectual life of the State.

Each professorship must be supported by the income from an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institution from private funds specifically donated for this purpose.

The State Treasurer shall establish a separate fund consisting of any funds appropriated for the endowed professorships plus accrued interest. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for endowed professorships. Funds in the specified amounts to support each endowment may be transferred by the Treasurer to each eligible institution only upon a request from the commission.

Section 59-104-240. (A) The Commission on Higher Education shall request state funds by 1990 to implement a program to endow salary enhancements for outstanding faculty in technical colleges and two-year campuses of the University of South Carolina. The purpose of the program is to enable the state's two-year college systems to retain and reward outstanding instructional personnel.

(B) The commission, in collaboration with the State Board for Technical and Comprehensive Education and the University of South Carolina, shall establish procedures to implement the program. Each salary enhancement must be supported by an endowment fund created especially for that purpose. Half of the corpus of each fund must be provided by the commission through this program, and half must be provided by the institutions from private sources specifically donated for this purpose.

(C) The State Treasurer shall establish a separate fund consisting of any funds appropriated for the salary enhancements plus accrued interest. Any amount remaining in the established fund at the end of any fiscal year must be carried forward to the next fiscal year to be used for salary enhancements. Funds in the specified amounts to support each salary enhancement may be transferred by the Treasurer to each eligible institution only upon a request from the commission.

Section 59-104-250. All libraries in the technical colleges in this State shall convert to a computer-based automated system that is compatible with existing state library systems and allows for appropriate networking with public colleges and universities if funds are appropriated for this purpose. The Commission on Higher Education shall request special appropriations to accomplish the conversion.

Section 59-104-260. The Commission on Higher Education shall encourage the development of Joint programs that take advantage of the strengths of the public colleges and universities and discourage the development of independent competitive programs. The programs must be developed through planning and cooperation among the institutions in both academic and nonacademic areas.

Section 59-104-410. A Research Investment Fund is created to establish or expand research programs in public institutions of higher learning in this State which are related to the continued economic development of South Carolina. The fund must consist of appropriations to the State Commission on Higher Education which it allocates to the institutions for research. The funds must be apportioned among the three senior universities and the four-year colleges in a manner that takes into account the previous year's expenditures of externally generated funds for research by the institutions as reported to the commission.

Section 59-104-420. (A) The fund must be used for research which:

(1) has a direct, positive impact on economic development, education, health, or welfare in this State;

(2) has an existing base in faculty expertise, resources, and facilities;

(3) serves to improve the quality of undergraduate and graduate education for South Carolina citizens in accordance with the institutions' stated missions as given in the commission's master plan.

(B) The fund must not be used for capital construction projects.

Section 59-104-430. At the end of each fiscal year, comprehensive reports must be made to the Commission on Higher Education on the expenditures of funds and the results realized from the research programs. At the end of two fiscal years and each fiscal year after that, the commission shall reexamine the process of appropriating funds for research and the results obtained from the expenditures and recommend changes and alterations in the funding of research by the State if the changes are considered advisable by the commission.

Section 59-104-440. (A) With the exception of the University of South Carolina, Clemson University, and the Medical University of South Carolina, institutions seeking financial support from the fund for research projects shall submit proposals to the commission for its review and approval.

(B) The portion of the fund allocated to the three senior universities excepted in subsection (A) must be distributed in a manner that takes into account the previous year's expenditures of externally generated funds for research which each university reported to the commission.

Section 59-104-610. The State Commission on Higher Education shall maintain a statewide planning system to address strategic issues in public and private higher education. The system must focus upon the following goals to:

(1) identify future directions for higher education in South Carolina and recommend appropriate methods for meeting the resultant challenges;

(2) review major goals identified by the public and private institutions of higher learning in this State and ascertain their relationship to higher education in South Carolina;

(3) assure the maintenance and continued development of the quality of higher education in South Carolina;

(4) assure the maintenance and continued provision of access to and equality of educational opportunity in higher education in South Carolina.

Section 59-104-620. (A) The Commission on Higher Education shall establish an Advisory Council on Planning to assist the commission and the institutions of higher learning in maintaining planning as a high priority.

(B) The advisory council shall report to the executive committee of the commission, which shall serve as the standing committee on planning for the commission.

(C) The advisory council shall submit to the executive committee of the commission its advice, reports, and draft plans.

Section 59-104-630. The Commission on Higher Education shall ensure that each public institution of higher learning in this State maintains its individual planning process.

Section 59-104-640. (A) The chief executive officer of the Commission on Higher Education shall develop a prospectus for planning each year.

(B) In the initial year, the Advisory Council on Planning is responsible for developing a statewide planning document for submission to the commission.

(C) After the initial year and annually, the advisory council shall prepare revisions of the planning document for consideration by the commission. The revisions must conform to, but need not be limited to, the prospectus provided by the commission.

Section 59-104-650. (A) The goals for maintaining an effective system of quality assessment by institutions of higher learning in South Carolina are to:

(1) assure that a system for measuring institutional effectiveness is in effect on every public college and university campus in this State;

(2) provide a vehicle for disseminating the results of outcome measurements to the constituents within the State;

(3) provide data relative to the effectiveness of each institution that can be used to initiate curriculum, programmatic, or policy changes within the institution.

(B) The process by which these goals must be attained is as follows:

(1) Each institution of higher learning is responsible for maintaining a system to measure institutional effectiveness in accord with provisions, procedures, and requirements developed by the Commission on Higher Education. The system for measuring institutional effectiveness must include, but is not limited to, a description of criteria by which institutional effectiveness is being assessed.

(2) As a part of South Carolina's statewide planning process, each institution shall provide the commission with an annual report on the results of its institutional effectiveness program.

(3) The commission shall prepare a report that must include results of institutional effectiveness, including student assessment programs. Information from private colleges and universities must be included for those institutions that voluntarily provide the information to the commission.

Section 59-104-660. (A) All state-supported institutions of higher learning shall establish their own procedures and programs to measure student achievement. The procedures and programs must be submitted to the Commission on Higher Education as part of the plan for measuring institutional effectiveness and must:

(1) derive from institutional initiatives, recognizing the diversity of South Carolina public colleges and universities, the tradition of institutional autonomy, and the capacity of faculty and administrators to identify their own problems and solve them creatively;

(2) be consistent with each institution's mission and educational objectives;

(3) involve faculty in setting the standards of achievement, selecting the measurement instruments, and analyzing the results;

(4) follow student progress through the curriculum, as appropriate;

(5) include follow-up of graduates.

(B) As part of their annual report on institutional effectiveness, all state-supported colleges and universities shall describe their progress in developing assessment programs and submit information on student achievement to the commission."

SECTION 2. Chapter 112, Title 59 of the 1976 Code is amended by adding:

"Section 59-112-65. Beginning with the fall semester of the 1991-92 academic year, out-of-state undergraduate students at state-supported colleges and universities, except the technical colleges, shall pay at least seventy-five percent of the per student cost of the educational and general operations of the state-supported college or university in which the out-of-state undergraduate students are enrolled. The State Commission on Higher Education shall determine the per student cost of the educational and general operations for each state-supported college and university. The commission shall work with state-supported colleges and universities in developing schedules to increase student fees to the percent required by this section by the 1991-92 academic year.

The commission has the authority to modify the fees for out-of-state students as prescribed in this section, when the fee structure produces extreme hardship for programs of an institution or for the institution. If the hardship may be eliminated by modifying the fee structure only for a program rather than for the institution, the commission may modify the fee structure only for the program in which an extreme hardship results. The commission shall report annually to the General Assembly concerning any modification in fees authorized by the commission. The report by the commission must explain the reasons the commission approved the modification.

Out-of-state students are students who are not eligible for in-state rates for tuition and fees under this chapter."

SECTION 3. Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10. There is hereby created the State Commission on Higher Education to be composed of eighteen members, twelve to. Two members must be appointed by the Governor with the advice and consent of from each congressional district upon the recommendation of the majority of the legislative delegation members from the congressional district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify; of the twelve, two members shall be appointed from each congressional district. Six members shall be appointed by the Governor one from each congressional district, upon, upon the recommendation of a majority of the legislative delegation members from the congressional district and such district members shall be appointed in a manner to assure that minority groups, especially women and black persons, are fairly represented among such appointees. Such appointments shall be for four years and until their successors are appointed and qualify. No one shall be appointed or nominated from a county which is represented by a member whose term has expired until and unless all other counties have been represented by a resident of each such county on the commission for a full term. In the event of a vacancy within any term, a member may be appointed from that county for the unexpired portion of such term only. Subsequent to such initial appointments, the terms of office on the Higher Education Commission shall be for four years. No one shall be is eligible to serve on the Higher Education Commission commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member shall may be an employee or member of a governing body of a public or private institution of higher learning in this State. The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and black persons blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical education center shall be college are dominant on the commission. Vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term. The chairman of the commission shall must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Approval of appointees and selection of members by the General Assembly shall be by resident members of each congressional delegation with the General Assembly Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their terms, but successors to members whose terms expire shall must be appointed or elected from the newly defined congressional district. If a congressional district is added, the commission shall must be enlarged to include representation from that district.

The commission shall notify each state-supported institution of higher learning and the State Board of Technical and Comprehensive Education of all meetings of the commission."

SECTION 4. The Section 59-103-35 of the 1976 Code is amended to read:

"Section 59-103-35. All public institutions of higher learning shall submit line-item budgets to the commission in the manner set forth in this section. The State Board for Technical and Comprehensive Education shall submit a single line-item budget to the commission representing the total request of all area-wide technical and comprehensive educational institutions. The budget submitted by each institution and the State Board for Technical and Comprehensive Education shall must include all state funds, federal grants, tuition, and fees other than funds derived wholly from athletic or other student contests, from the activities of student organizations, from approved private practice plans, and from the operation of canteens and bookstores which may be retained by the institutions and be used as determined by the respective governing boards, subject to annual audit by the State. Fees established by the respective governing boards for programs, activities, and projects not covered by appropriations or other revenues may be retained and used by each institution as previously determined by the respective governing boards, subject to annual audit by the State. Provided, however, that the commission shall have forty-five days in which to make a decision concerning the federal grants. If the commission fails to act at the end of forty-five days, the institution may then proceed with the federally funded program. The commission shall in turn adopt or modify such budgets and submit them to the State Budget and Control Board and General Assembly or any committee thereof on behalf of all the institutions. The budgets shall be divided into three categories:

(1) Funds for the continuing operation of each public institution of higher learning;

(2) Funds for salary increases for employees of such institutions exempt from the State Personnel Act;

(3) Funds requested itemized as to priority and covering such areas as new programs and activities, expansions of programs and activities, increases in enrollment, increases to accommodate internal shifts and categories of persons served, capital improvements, improvements in levels of operation and increases to decrease deficiencies and such other areas as the commission deems desirable.

Supplemental appropriations requests from any public institution of higher education must be submitted first to the commission. If the commission does not concur in such the requests the affected institution may request a hearing on such the requests before the appropriate committee of the General Assembly. The commission shall have the right to may appear at any such the hearing and present its own recommendations and findings to the same committee.

No new program shall may be undertaken by any public institution of higher education without the approval of the commission or the General Assembly. The provisions of this chapter shall apply to all college parallel, transferable. and associate degree programs of Technical technical and Comprehensive Education comprehensive education institutions and all. All other programs and offerings of such technical and comprehensive education institutions are excluded from this chapter. Only the budgets for the college parallel, transferable and associate degree program of Technical and Comprehensive Education institutions shall be included under the provisions of this chapter. The commission shall have has the authority to recommend the termination of an existing program at any institution within the purview of this chapter. An appeal from this recommendation must be made by the governing board of an affected institution within sixty days to the Senate Education Committee and the House Education and Public Works Committee which will shall hear the parties to the appeal. If the both committees refuse to concur in the recommendation for termination, the program will must not be terminated at a time to be determined by the commission pursuant to the recommendation of the commission which is the subject of this appeal. A decision shall must be reached by the committees within one hundred twenty days from the date of the filing of the appeal. No existing program may be terminated by the Higher Education Commission until the Master Plan has been approved by the General Assembly."

SECTION 5. Section 59-113-10 of the 1976 Code is amended to read:

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

SECTION 6. Section 59-112-70 of the 1976 Code is repealed.

SECTION 7. (A) Members of the State Commission on Higher Education on the effective date of this act continue to serve until the expiration of their terms.

(B) Of the nine terms which expire in 1988:

(1) Four members must be appointed, one from the third, fourth, fifth, and sixth congressional districts, upon the recommendation of the majority of the legislative delegation members from the district, for terms of four years;

(2) Two members must be appointed, one from the first and second districts, upon the recommendation as provided in item (1), for terms of one year initially;

(3) Three members must be appointed from the State at large with the advice and consent of the Senate, for terms of one year initially.

(C) Of the five terms which expire in 1989;

(1) Two members must be appointed, one from the first and second districts, upon the recommendation as provided in item (1) of subsection (B), for terms of four years.

(2) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of four years.

(D) Of the nine terms which expire in 1990;

(1) Four members must be appointed, one from the first, second, third, and fourth districts, upon the recommendation as provided in item (1) of subsection (B), for terms of four years.

(2) Two members must be appointed, one from the fifth and sixth districts, upon the recommendation as provided in item (1) of subsection (B), for terms of one year initially.

(3) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of one year initially.

(E) Of the five terms which expire in 1991;

(1) Two members must be appointed, one from the fifth and sixth districts, upon the recommendation as provided in item (1) of subsection (8), for terms of four years.

(2) Three members must be appointed from the State at large, with the advice and consent of the Senate, for terms of four years.

(F) After the initial appointments provided for in this section, the terms of the members are four years, and their successors must be appointed as provided in this act.

SECTION 8. The South Carolina Code Commissioner is directed to change the references in the 1976 Code to the Higher Education Tuition Grant Committee to the Higher Education Tuition Grant Commission.

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

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

On motion of REP. P. HARRIS, SPEAKER SHEHEEN'S remarks were ordered printed in the Journal as follows:

"This morning I am going to bend the rules a little, because I feel there's reason. Wednesday morning of last week, Lois Shealy came to visit me in the Speaker's office in the Blatt Building and gave me the letter of resignation, which all of you received in the mail on Friday. We had a long discussion about that letter of resignation; I gave it back to her last Wednesday, and I said, 'I'm not going to tell anybody you gave it to me. You take it back home and spend another 24 hours discussing it with your family and tell me whether or not there are some things we can do to change the job or to change the orientation, or make the job better for you, so that the concerns that you have now about your own life and the direction which it takes, and your job for the South Carolina House and for the public in South Carolina can continue.' She did that at my request. She took it back, and discussed it with no one. She took it home and she discussed it again with her family and she came back on Thursday morning, about five minutes until ten and gave me the letter back and said, 'I think it's best for me personally, and best for the House at this time, that I give the letter back to you, but I hope you would give me the opportunity to discuss it with my staff before you release it to anyone else.' I did that, not only because of my respect for Lois, but because I know of no other public servant for South Carolina who has been as dedicated in the duties for this State, and more particularly to the institution which I have grown to love and respect, the South Carolina House of Representatives. If I could have given it back to her on Thursday, and persuaded her once again to think about it, I would have given it back to her again; but, it was obvious to me that for her own situation, she had made a decision that she viewed best for Lois Shealy and, as I consider myself a good friend of Lois Shealy, I considered that the best decision for Lois Shealy, too. Maybe not the best decision for the State of South Carolina or the South Carolina House of Representatives, but sometimes we have to sacrifice for our friends and our friends have to sacrifice for us. So I take this opportunity to bend the rules, just a little bit, to speak to you from the podium today, to pay tribute to a fine public servant for the people of this State and for this institution; and, to tell you that I, along with each of you and the discussions we've had since then, last Thursday, and in Charleston over the weekend, a delightful weekend in which we celebrated a magnificent event for South Carolina, know that you regret the decision that Lois has made to end her service here in the South Carolina House of Representatives, but you join with me in wishing her every good wish in what she chooses to do."

Rep. T.M. BURRISS moved that the Members of the House ask House Clerk Lois T. Shealy to reconsider her resignation, which was agreed to.

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

H. 3880 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25 OF THE 1976 CODE, RELATING TO INVESTMENT REPORTS OF THE STATE TREASURER, SO AS TO REDUCE THE REPORTING PERIOD FROM MONTHLY TO QUARTERLY AND TO DELETE THE REQUIREMENT FOR SEPARATE REPORTING OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30 OF THE 1976 CODE, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS; TO IMPOSE A TAX ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR THE DISPOSITION OF THE REVENUES, AND TO DEFINE "INFECTIOUS WASTE"; TO AMEND THE 1976 CODE BY ADDING SECTION 11-7-15, SO AS TO AUTHORIZE ACCESS BY THE STATE AUDITOR TO CONFIDENTIAL STATE RECORDS, TO PROVIDE THAT IN EXAMINING CONFIDENTIAL RECORDS, THE STATE AUDITOR OR HIS DESIGNEES ARE SUBJECT TO ALL NONDISCLOSURE LAWS, AND TO MAKE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE THE WORKING PAPERS AND MEMORANDA OF THE STATE AUDITOR; TO AMEND SECTION 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTION 59-21-320 OF THE 1976 CODE, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557 OF THE 1976 CODE, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAM AND THE AVAILABLE WAIVER OF THE REQUIREMENTS SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION UPON A SHOWING THAT THE DISTRICT HAS ACHIEVED AVAILABLE OPERATING EFFICIENCIES AND ALL EDUCATIONAL REQUIREMENTS ARE BEING MET; TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT APPLICATIONS FOR BOTH RETIREMENTS, AND UPON APPROVAL OF THE DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE RECEIVES; TO AMEND SECTION 12-27-1300 OF THE 1976 CODE, RELATING TO THE SELECT OVERSIGHT COMMITTEE TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR IMPLEMENTING THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE; TO AMEND SECTION 44-6-210 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND MEDICAID, SO AS TO DIRECT THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND MEDICAID ELIGIBILITY FOR AGED AND DISABLED PERSONS CONSISTENT WITH FEDERAL POVERTY GUIDELINES WITHIN THE LIMITS OF AVAILABLE FUNDS AND FROM FEES ASSESSED AGAINST ANY PERSONS CONVICTED OF CRIMES FOR WHICH THE PENALTY IS AT LEAST THREE YEARS' IMPRISONMENT; TO REQUIRE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPOINT AN OVERSIGHT COMMITTEE CONSISTING OF THREE HOUSE MEMBERS TO REVIEW AND REPORT TO THE HOUSE ON CURRENT AND ANTICIPATED EXPENDITURES RESULTING FROM ACTIONS BY THE FEDERAL GOVERNMENT AGAINST STATE AGENCIES FOR ALLEGED VIOLATIONS OF THE CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT; TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:

Rep. McEACHIN: "I would like to raise the Point of Order about the Bill as it came from the Senate.

Rep. McLELLAN inquired whether or not he could make that Point regardless of whether the amendment is withdrawn.

SPEAKER SHEHEEN: "Once the amendment is up, if the amendment is adopted, I daresay Mr. McEachin's Point of Order would not be valid. If the amendment is not adopted, his Point of Order may or may not be valid."

The amendment was then withdrawn.

Rep. MCEACHIN: "I raise the Point of Order that the Appropriations Bill as it came back to the House from the Senate is out of order in that, I believe it is, Section IV, contains the Bond Bill or a Bond Bill. I raise the Point of Order, number one, that Section IV is not germane to the Appropriations Bill. I understand we have no Joint Rules, and the point of germaneness is not binding on the Senate once the Bill comes over here, but I raise the issue of germaneness in that the Bond Bill is no more germane to the Appropriations Bill than if it had been attached to a Bill setting some wildlife regulations in Game Zone 8 in Florence County. So the effect of that Bond Bill being placed on the Appropriations Bill is originating the Bond Bill in the Senate, and by doing that it violates several Constitutional proscriptions in the Constitution, the first being found in Article III, Section 15 of the State Constitution, which says any Bill raising revenue shall originate in the House of Representatives. My next position is, Mr. Speaker, the effect of placing the Bond Bill as an amendment to the General Appropriations Bill violates Article III, Section 18 of our Constitution, which requires that every Bill to have force of law be read three times on three several days in each House. That will not be accomplished by the Bond Bill being placed as an amendment to the General Appropriations Bill. And, also, by amending the Appropriations Bill with the Bond Bill, the effect of what the Senate has done is to attach an amendment to the permanent law, or a permanent law, to a, what in effect is a temporary law, our Appropriations Bill, and that is not in order. I raise the Point that the Bill is out of order and should be returned to the Senate."

Rep. RUDNICK: "I just wondered what the effect of it is since we don't have any Joint Rules."

SPEAKER SHEHEEN: "Well, on the pure question of germaneness, Mrs. Rudnick, you raise a very valid point. We are not able to control what the other body does under its rules in adopting amendments. However, the Constitutional requirements which are imposed upon both bodies are effectively enforced by the presiding officers of each body when there is a deficiency. The Constitutional provisions, if they apply, may very well proscribe consideration of certain sections of the Bill, as it is returned from the Senate. For instance, I have this year by recollection, returned at least two Bills to the Senate because they violated the Constitutional proscriptions under Article III, Section 15, Bills dealing with revenue which were Senate Bills, and we have determined on a number of occasions since I've been here, that the Senate is not allowed to generate bills dealing with revenue. We have returned, on more than one occasion during my tenure in the House, a Bond Bill which originated in the Senate, although it was not attached to the Appropriations Bill. The other Constitutional sections to which Mr. McEachin alludes is Article III, Section 17, which says, 'every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title' is not violated because the title has been amended to conform to the Senate amendments. Article III, Section 18, which requires that three readings be given to a Bill in each House and, amazingly enough, requires, although most people forget this, require the Speaker and the Lieutenant Governor, the presiding officer of the Senate, to sign the Bill before it goes to the Governor. I don't know what would happen if I decided not to sign one of them, but it is sort of a 'pocket veto', I guess, by the Speaker. I never thought about it until I read it over the weekend. The section is a requirement that the Constitution imposes on each body upon which it shall comply, and the only enforcement for Article III, Section 18 would be within the bodies, because as the Courts have developed the Enrolled Act Rule, they don't question the legislative branch's judgment. If we say it has met all the requirements of an Act, and it has complied with the provisions of the Constitution, then the Court doesn't look behind that. So I think it's incumbent upon us to make sure that the Bill has reached all of those necessary requirements prior to sending the Bill to the Governor. I am troubled by Article III, Section 18; I am troubled by Article III, Section 15, because by attaching the Bond Bill and the Supplemental Bill and the super Supplemental Bill, I guess you'd call it, in Section V, to the Appropriations Bill, the Senate has done indirectly what they cannot do directly, and that is originate those Bills in the Senate, by attaching them to our Appropriations Bill which is for 1988-89 only. And, they have amended the permanent bonding statute of this State in the Appropriations Bill in a separate Part IV. That's the situation we found ourselves in that prompted the lawsuit by the Chamber of Commerce. The Senate's insistence on attaching the Bond Bill to the Appropriations Bill certainly is violative of the spirit of settlement of that lawsuit, number one, no court had ruled on it yet. But, number two, also, on the face of it, it seems to violate those two Constitutional provisions. Mr. Simpson wants to speak to the question."

Rep. SIMPSON: "If this were ruled in order, then wouldn't it be possible for us to send any money bill over there that involves spending any money, then they could amend it with their own Appropriations Bill. Would that be the same thing or a parallel case?"

SPEAKER SHEHEEN: "Well, that's probably true, Mr. Simpson, the question is whether or not I, as presiding officer of the House, have the authority to look behind the action of the Senate as a separate and distinct body of the legislature and enforce a rule upon which we bind ourselves on the Senate. And that's very difficult for me to do as presiding officer of the House. I neither desire to control the internal actions of the Senate nor should I be able to, in my opinion, as presiding officer of this body, to control the internal actions of the Senate in how it conducts its business, as long as they certify to us that they have acted within their own rules.

Rep. SIMPSON: "But if you were to rule it out of order, wouldn't that send the Senate a stronger message than us simply to adopt this amendment?"

SPEAKER SHEHEEN: "Well, I think it would send a stronger message, but in the practical accomplishment, it might be very different. I don't think you'd see the Senate recede from those amendments, because they would be in the same situation as we would find ourselves. I don't know what they do with the Bill, when they get it back, Mr. Simpson. If you will recall, we got a Bill from the Senate this year, S. 379. We amended it and we sent it to the Senate. Someone in the Senate raised the Point of Order saying that the House had amended it in the third degree, and that was not allowed. The presiding officer sustained that ruling, and they sent the Bill back to us, and we received it back with that ruling on it. Well, from my viewpoint, that was a Point of Order that should have been raised in the House, that we were amending it in the wrong degree, and could not. It was not a question for them. So I told them, 'Thank you.' And they said, 'What are you going to do with the Bill?'. And I said, 'You sent it back. We've got it. Thank you.'. Well, at that point, they recalled the Bill. I find myself agreeing in principle with Mr. McEachin, that they have violated a Constitutional provision which guarantees certain prerogatives on origination of bills authorizing revenue in the South Carolina House, and I find myself in agreement that they have attached subject matter that is not appropriate to that Bill, and if we agreed by amendment with the provisions that they added, those provisions would not receive three readings, and were I a bond attorney, I might not certify those bonds to be issued. But, I'm not a bond attorney, I'm Speaker of the House, and I don't think I have the right to rule the provisions adopted by the Senate out of order as long as the Senate has certified to me, which they have by returning the Bill, that those provisions were adopted in accordance with the Senate Rules."

Rep. SIMPSON: "Would we be better off, then, Mr. Speaker, if Mr. McEACHIN withdrew his Point of Order?"

SPEAKER SHEHEEN: "Well, he can't withdraw it. I'm going to have to overrule the Point of Order, and say that although I agree that the Senate, by following that procedure, may have usurped some of the prerogatives of the South Carolina House, I cannot say that the provisions that were attached to the Appropriations Bill ought to be ruled out of order as a matter of parliamentary procedure."

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Senate Amendments.

At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R626) S. 854 -- Senator J. Verne Smith: AN ACT TO AMEND SECTIONS 40-43-50, 40-43-60, 40-43-80, 40-43-90, 40-43-100, 40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380, 40-43-410, AND 40-43-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROVIDE FOR FIFTEEN HUNDRED HOURS OF PRACTICAL EXPERIENCE, PROVIDE FOR SUPERVISING PHARMACISTS, AUTHORIZE PHARMACY INTERN CERTIFICATES, PROHIBIT TEMPORARY LICENSES, REVISE THE REQUIREMENTS FOR RECIPROCAL LICENSES, CHANGE THE REFERENCES TO DRUGSTORE TO DRUG OUTLET, PROVIDE FOR QUALIFIED PERSONS TO DISPENSE PRESCRIPTIONS, PROVIDE FOR PHARMACISTS TO BE LICENSED INSTEAD OF REGISTERED, PROVIDE FOR THE CONTINUING EDUCATION OF PHARMACISTS, PROVIDE FOR PRESCRIPTIONS FOR "DANGEROUS DRUGS", PROVIDE FOR THE SELLING OF POISONS, DELETE THE PROVISION PROVIDING FOR THE CHAPTER NOT TO APPLY TO EXTERNAL OR INTERNAL USE PREPARATIONS CONTAINING NOT MORE THAN FIVE PERCENT OR THREE PERCENT OF SULFONAMIDES, PROVIDE FOR NOTIFICATION OF EMPLOYMENT CHANGES WITHIN TEN DAYS OF THE CHANCE, PROVIDE FOR REGISTERING OF DRUG OUTLETS AND PHARMACISTS, PROVIDE FOR APPOINTMENT AND DUTIES OF THE CHIEF DRUG INSPECTOR, AND PROVIDE FOR THE ISSUANCE OF PERMITS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTION 40-43-170 RELATING TO LABELS FOR POISONS, SECTION 40-43-220 RELATING TO THE KINDS OF DRUGS AND POISONS SOLD BY MERCHANTS, SECTION 40-43-290 RELATING TO THE PAYMENT OF DRUG INSPECTORS, SECTION 40-43-310 RELATING TO THE DISPOSITION OF FEES COLLECTED BY THE BOARD, SECTION 40-43-340 RELATING TO THE ANNUAL REPORT OF THE PHARMACEUTICAL ASSOCIATION, SECTION 40-43-350 RELATING TO TERMS IN THE CHAPTER, SECTION 40-43-450 RELATING TO PERMITS TO OPEN A NEW PHARMACY, AND SECTION 40-43-470 RELATING TO FEES AND EMPLOYEES' SALARIES.

(R627) S. 1450 -- Senators Martschink, Dennis and McLeod: AN ACT 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.

(R628) S. 1432 -- Senator Doar: AN ACT 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.

(R629) S. 708 -- Senator Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.

(R630) S. 356 -- Senator Land: AN ACT TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.

(R631) S. 1459 -- Judiciary Committee: AN ACT 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.

(R632) S. 1282 -- Senators Doar, Garrison and Horace C. Smith: AN ACT TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF EIGHT DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM UPON PETITION OF TEN PERCENT OF THE COMMERCIAL COTTON PRODUCERS OF THE STATE.

(R633) 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.

(R634) S. 943 -- Senator Garrison: AN ACT 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 PROVIDE THAT A PERSON MAY TAKE THE BASIC SKILLS EXAMINATION NO MORE THAN FOUR TIMES AND TO PROVIDE THAT TAKING THE EXAM FOR A FOURTH TIME REQUIRES THE APPROVAL OF THE STATE BOARD OF EDUCATION AND COMPLETION OF REMEDIAL COURSES AND TO REQUIRE THE BASIC SKILLS TEST TO BE OFFERED AT LEAST TWICE A YEAR.

(R635) S. 1327 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R636) S. 962 -- Senator Powell: AN ACT TO AMEND SECTIONS 9-1-470 AND 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT ANY NONPROFIT CORPORATION CREATED UNDER THE PROVISIONS OF CHAPTER 35 OF TITLE 33, FOR THE PURPOSES OF SUPPLYING WATER AND SEWER, IS ELIGIBLE FOR MEMBERSHIP IN THE SYSTEM AND PROVIDE THAT IF THE CORPORATION BECOMES A MEMBER OF THE SYSTEM, ITS EMPLOYEES SHALL JOIN THE SYSTEM AS A CONDITION OF EMPLOYMENT.

(R637) S. 1127 -- Senators Drummond and Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE A FIREARM OR ARCHERY TACKLE IN A CRIMINALLY NEGLIGENT MANNER WHILE HUNTING, TO PROVIDE PENALTIES, AND TO PROVIDE THAT ALL MONETARY FINES MUST BE REMITTED TO THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND.

(R638) S. 1169 -- Senator Waddell: AN ACT TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.

(R639) S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: AN ACT TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

(R640) S. 1013 -- Senators Bryan and Giese: AN ACT TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTIES FOR VIOLATION, AND FURTHER PROVIDE FOR WHAT CONSTITUTES VIOLATIONS OF THE SECTION INCLUDING UNLAWFUL USE OF PERSONAL IDENTIFICATION CARDS, AND TO AMEND SECTION 56-9-530 RELATING TO CERTAIN CIRCUMSTANCES WHEN PROOF OF FINANCIAL RESPONSIBILITY IS REQUIRED, SO AS TO PROVIDE THAT ANY PERSON WHO HAS HIS DRIVING PRIVILEGE REVOKED PURSUANT TO SECTION 56-1-510 IS NOT BY REASON OF THAT FACT ALONE, REQUIRED TO FURNISH PROOF OF FINANCIAL RESPONSIBILITY.

(R641) S. 1125 -- Senator Drummond: AN ACT 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.

(R642) 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.

(R643) S. 1163 -- Senator Drummond: AN ACT 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.

(R644) S. 1081 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROMULGATE REGULATIONS WHICH PROVIDE OBJECTIVE GUIDELINES AS TO WHAT CONSTITUTES SUCCESSFUL COMPLETION OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.

(R645) S. 1095 -- Banking and Insurance Committee: AN ACT TO AMEND ARTICLE 11, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLE INSURANCE, BY ADDING SECTIONS 38-75-905 AND 38-75-920 THROUGH 38-75-1000 SO AS TO REGULATE MORE STRINGENTLY THE TITLE INSURANCE BUSINESS IN THIS STATE.

(R646) H. 3994 -- Reps. E.B. McLeod, Rhoad and Snow: AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

(R647) H. 3336 -- Rep. J. Bradley: AN ACT TO AMEND ARTICLE 3, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AUTOMOBILE INSURANCE BY ADDING SECTION 38-77-125 SO AS TO PROVIDE THAT EVERY AUTOMOBILE INSURANCE POLICY OR OTHER POLICY CONTAINING AUTOMOBILE INSURANCE COVERAGE ON THE FACE OF THE POLICY MUST STATE THE COMPLETE NAME OF THE COMPANY ISSUING THE POLICY, ITS ADDRESS, AND TELEPHONE NUMBER, AND ON THE POLICY OR ON A SEPARATE FORM THE COMPANY SHALL ALSO PROVIDE THE BUSINESS NAME, ADDRESS, AND TELEPHONE NUMBER OF ITS RESIDENT INSURANCE ADJUSTOR.

(R648) H. 4261 -- Reps. Kay, Townsend and Carnell: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN THE PRINCIPAL AMOUNT OF SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.

(R649) H. 4262 -- Reps. Kay, Townsend and Carnell: AN ACT TO PROVIDE FOR THE PROCEDURE TO IMPOSE AD VALOREM TAXES FOR OPERATIONAL PURPOSES FOR ABBEVILLE SCHOOL DISTRICT NO. 60, SOUTH CAROLINA.

(R650) H. 4114 -- Reps. Wilkins and Huff: AN ACT 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 CERTAIN MANDATORY MINIMUM SENTENCING PROVISIONS AND SENTENCING PROVISIONS FOR CONSPIRACY TO COMMIT THESE OFFENSES.

(R651) H. 2838 -- Rep. Foxworth: AN ACT TO AMEND SECTION 50-21-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATIVE TO BOATING, SO AS TO ADOPT FEDERAL STATUTES AND REGULATIONS PERTAINING TO WATERCRAFT AND WATERCRAFT SAFETY AS THE LAW OF THIS STATE.

(R652) H. 2757 -- Rep. Foxworth: AN ACT 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 EXEMPT FOX HUNTING-ENCLOSED PRESERVE OR PUP TRAINING FACILITIES FROM THE PROVISIONS OF THE ACT, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11, CHAPTER 11, TITLE 50 OF THE 1976 CODE RELATING TO BOUNTIES ON FOXES.

(R653) H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: AN ACT TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE NAME OF THE BOARD OF SOCIAL WORKER REGISTRATION TO THE BOARD OF SOCIAL WORK EXAMINERS AND THE COMPOSITION OF THE BOARD, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO USE OF TITLES BY SOCIAL WORKERS.

(R654) 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.

(R655) H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: AN ACT TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM.

(R656) H. 4005 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.

(R657) H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL, CRIMINAL INVESTIGATIVE, AND ADMINISTRATIVE ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.

(R658) H. 2398 -- Reps. Gregory, White, Wilkins, Day, Hawkins, Short, Derrick, Haskins and Fair: AN ACT TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER OR NOT OCCUPATIONS NOT REGULATED BY THE STATE SHOULD BE REGULATED, TO PROVIDE A PROCEDURE BY WHICH THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL HAS BEEN REFERRED MAY REQUEST THAT THE COMMISSION CONDUCT THE PUBLIC HEARING OR THAT THE COMMISSION ASSIST THE SUBCOMMITTEE IN CONDUCTING THE HEARING AFTER A BILL HAS BEEN FILED PROPOSING TO REGULATE A CORPORATION NOT REGULATED BY THE STATE; FOR NOTICE OF THE HEARINGS TO THE PUBLIC AND OTHERS AFFECTED BY REGULATIONS; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND TO PROVIDE THAT ALL RECOMMENDATIONS FORMULATED BY THE COMMISSION MUST BE BASED UPON EVIDENCE GATHERED BY THE COMMISSION IN PUBLIC HEARINGS FROM TESTIMONY SUBMITTED ORALLY OR IN WRITING BY INTERESTED PARTIES INCLUDING THE COMMISSION AND UPON EVIDENCE COMPILED BY THE COMMISSION, TO REQUIRE THE RECOMMENDATIONS TO BE MADE IN WRITING AND DELIVERED TO THE CHAIRMAN OF THE SUBCOMMITTEE OF THE STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE TO WHICH A BILL PROPOSING TO REGULATE AN OCCUPATION HAS BEEN REFERRED.

(R659) H. 3879 -- Rep. R. Brown: AN ACT TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF WILD TURKEYS, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT.

(R660) H. 3369 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-21-1730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPOSITION OF THE SOFT DRINK LICENSE TAX, SO AS TO DELETE THE REFERENCE TO "NEAR BEER" WITHIN THE IMPOSITION AND INCLUDE ANY PRODUCT HAVING AN ALCOHOL CONTENT OF LESS THAN ONE-HALF PERCENT OF WEIGHT OR VOLUME, AND TO AMEND SECTION 12-21-1860, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOFT DRINK LICENSE TAX, SO AS TO DELETE "NEAR BEER" FROM THE DEFINITION OF BOTTLED SOFT DRINKS AND INCLUDE WITHIN THE DEFINITION ANY PRODUCT HAVING AN ALCOHOL CONTENT OF LESS THAN ONE-HALF PERCENT OF WEIGHT OR VOLUME.

(R661) H. 3408 -- Reps. Blackwell, P. Harris and Waldrop: AN ACT 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 MAKE HOME EQUITY CONVERSION MORTGAGES TO ANY PERSON WHO IS A MEMBER OF A BENEFICIARY CLASS OF THE AUTHORITY AND OVER SIXTY-FIVE YEARS OF AGE; PROVIDE FOR A PROGRAM FOR THE MORTGAGES; PROVIDE FOR THE EFFECT OF OBTAINING THE MORTGAGE; AND DEFINE TERMS.

(R662) H. 4179 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

(R663) H. 4097 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R664) H. 3937 -- Rep. Wilkins: AN ACT TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.

(R665) H. 2932 -- Rep. McLellan: AN ACT TO AMEND SECTION 59-112-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DEFINITIONS UNDER THE PROVISIONS OF LAW REGARDING THE DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO REVISE THE DEFINITION OF "DEPENDENT" AND "DEPENDENT PERSON".

(R666) H. 3936 -- Rep. Wilkins: AN ACT 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.

(R667) H. 3993 -- Reps. Cork and White: AN ACT 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.

(R668) H. 3878 -- Rep. R. Brown: AN ACT TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE TAKING OF OR AN ATTEMPT TO TAKE WILD TURKEYS FROM A VEHICLE ON A PUBLIC ROAD.

(R669) H. 3877 -- Rep. R. Brown: AN ACT TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO AS TO PROHIBIT THE TAKING OF OR AN ATTEMPT TO TAKE WILD TURKEYS WITH A RIFLE.

(R670) H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: AN ACT 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.

(R671) H. 3876 -- Rep. R. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2215 SO AS TO PROVIDE FOR THE PROHIBITION AGAINST BAITING WILD TURKEYS AND TO DEFINE TERMS.

(R672) H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: AN ACT TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION.

(R673) H. 4108 -- Rep. Hodges: AN ACT TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS PERTAINING TO THE ACT, PROVIDE WHEN LIFE SUSTAINING PROCEDURES MAY BE WITHHELD OR WITHDRAWN AND CLARIFY THE PHYSICIAN'S RESPONSIBILITIES, REVISE THE FORM AND PROCEDURES NECESSARY TO EXECUTE A VALID DECLARATION OF A DESIRE FOR A NATURAL DEATH, PROVIDE NEW REQUIREMENTS FOR REVOCATION OF A DECLARATION, PROVIDE THE CIRCUMSTANCES UNDER WHICH IMMUNITY APPLIES IN RELIANCE UPON A DECLARATION, DETAIL THE DUTIES OF A PHYSICIAN AND HEALTH CARE FACILITY IF A DECLARATION IS NOT EFFECTUATED, PROVIDE FOR THE PRESERVATION OF OTHER LEGAL RIGHTS AND RESPONSIBILITIES, AND REVISE THE PENALTIES FOR NONCOMPLIANCE WITH THIS ACT.

At 12:50 P.M. the House resumed, the SPEAKER in the Chair.

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

H. 3880 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25 OF THE 1976 CODE, RELATING TO INVESTMENT REPORTS OF THE STATE TREASURER, SO AS TO REDUCE THE REPORTING PERIOD FROM MONTHLY TO QUARTERLY AND TO DELETE THE REQUIREMENT FOR SEPARATE REPORTING OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30 OF THE 1976 CODE, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS; TO IMPOSE A TAX ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR THE DISPOSITION OF THE REVENUES, AND TO DEFINE "INFECTIOUS WASTE"; TO AMEND THE 1976 CODE BY ADDING SECTION 11-7-15, SO AS TO AUTHORIZE ACCESS BY THE STATE AUDITOR TO CONFIDENTIAL STATE RECORDS, TO PROVIDE THAT IN EXAMINING CONFIDENTIAL RECORDS, THE STATE AUDITOR OR HIS DESIGNEES ARE SUBJECT TO ALL NONDISCLOSURE LAWS, AND TO MAKE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE THE WORKING PAPERS AND MEMORANDA OF THE STATE AUDITOR; TO AMEND SECTION 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTION 59-21-320 OF THE 1976 CODE, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557 OF THE 1976 CODE, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAM AND THE AVAILABLE WAIVER OF THE REQUIREMENTS SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION UPON A SHOWING THAT THE DISTRICT HAS ACHIEVED AVAILABLE OPERATING EFFICIENCIES AND ALL EDUCATIONAL REQUIREMENTS ARE BEING MET; TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT APPLICATIONS FOR BOTH RETIREMENTS, AND UPON APPROVAL OF THE DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE RECEIVES; TO AMEND SECTION 12-27-1300 OF THE 1976 CODE, RELATING TO THE SELECT OVERSIGHT COMMITTEE TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR IMPLEMENTING THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE; TO AMEND SECTION 44-6-210 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND MEDICAID, SO AS TO DIRECT THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND MEDICAID ELIGIBILITY FOR AGED AND DISABLED PERSONS CONSISTENT WITH FEDERAL POVERTY GUIDELINES WITHIN THE LIMITS OF AVAILABLE FUNDS AND FROM FEES ASSESSED AGAINST ANY PERSONS CONVICTED OF CRIMES FOR WHICH THE PENALTY IS AT LEAST THREE YEARS' IMPRISONMENT; TO REQUIRE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPOINT AN OVERSIGHT COMMITTEE CONSISTING OF THREE HOUSE MEMBERS TO REVIEW AND REPORT TO THE HOUSE ON CURRENT AND ANTICIPATED EXPENDITURES RESULTING FROM ACTIONS BY THE FEDERAL GOVERNMENT AGAINST STATE AGENCIES FOR ALLEGED VIOLATIONS OF THE CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT; TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:

Reps. SHEHEEN, J. ROGERS, DANGERFIELD, HUFF, McLELLAN, L. PHILLIPS, PEARCE, WHITE and WILKINS proposed the following Amendment No. 1-A (Doc. No. 4182J), which was adopted.

Amend the bill, as and if amended, by striking out all after the enacting words and inserting the bill as passed by the House of Representatives, a copy of which is attached and by reference incorporated into this amendment.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

Rep. PETTIGREW raised the Point of Order that the appropriations Bill was out of order, citing Rule 5.3, which states that no provision shall be put in a permanent part of any such bill unless it relates directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the bill.

The SPEAKER stated that the amendment to the Appropriations Bill was the House version of the Bill now before the body, and that he could not control amendments placed on the bill inside the Senate. Actions in the Senate were controlled by the Constitution and the interpretation of those by the presiding officers of the Senate and the Rules of the Senate. He further stated that he could not strike from a Bill which is returned by the Senate any provision adopted by the Senate pursuant to its Rules. He then overruled the Point of Order.

Rep. T.M. BURRISS inquired whether or not the House had adopted the Bill.

The SPEAKER stated that this was the General Appropriations Bill, not the Bond Bill.

Rep. McCAIN raised the Point of Order, in reference to Mr. Pettigrew's Point of Order, that it was a violation of House rules to take up a bill that was clearly out of order under our Rules.

The SPEAKER stated that the Bill was not out of order when it was returned from the Senate with amendments, and he overruled the Point of Order.

The amendment was then adopted.

Rep. McLELLAN moved to waive Rule 5.14, which was agreed to.

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

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

H. 4293 -- Reps. Blanding, Baxley, G. Brown, E.B. McLeod and McElveen: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO SCHOOLS IN SUMTER COUNTY, SO AS TO PROVIDE THAT THE ELECTION OF SCHOOL TRUSTEES FOR SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY MUST BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Without reference.

On motion of REP. BLANDING, with unanimous consent, it was ordered that H. 4293 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.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, N.              Brown, J.              Brown, R.
Burch                  Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Fair                   Felder                 Ferguson
Foster                 Foxworth               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lanford                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Simpson                Snow
Stoddard               Sturkie                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

I came in after the roll call and was present for the Session on May 24, 1988.

James E. Lockemy                  Thomas E. Huff
Paul Short                        Jack Gregory

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

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

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

The question of a quorum was raised. A quorum was later present.

The following was received from the Senate.

Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to:
H. 3880 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 11-1-25 OF THE 1976 CODE, RELATING TO INVESTMENT REPORTS OF THE STATE TREASURER, SO AS TO REDUCE THE REPORTING PERIOD FROM MONTHLY TO QUARTERLY AND TO DELETE THE REQUIREMENT FOR SEPARATE REPORTING OF THE COMPTROLLER GENERAL; TO AMEND SECTION 26-1-30 OF THE 1976 CODE, RELATING TO THE FEE FOR ISSUING OR RENEWING A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE FROM TWENTY TO TWENTY-FIVE DOLLARS; TO AMEND ARTICLE 9, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, BY ADDING SECTION 11-9-825 SO AS TO AUTHORIZE THE BOARD OF ECONOMIC ADVISORS TO ESTABLISH AN ADVISORY BOARD; TO AMEND SECTION 11-9-820, RELATING TO THE MEMBERSHIP OF THE BOARD, SO AS TO ENLARGE AND CHANGE THE COMPOSITION OF THE BOARD AND PROVIDE STAFFING, ADMINISTRATIVE, AND LOGISTICAL SUPPORT BY THE DIRECTOR OF RESEARCH AND STATISTICAL SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 11-9-830, RELATING TO THE DUTIES OF THE BOARD, SO AS TO REQUIRE THE BOARD TO CERTIFY THE REVENUE PROJECTIONS USED AT EACH STAGE OF THE APPROPRIATIONS PROCESS; TO IMPOSE A TAX ON THE COMMERCIAL DISPOSAL BY INCINERATION OF INFECTIOUS WASTE EQUAL TO EIGHTEEN DOLLARS A TON ON WASTE GENERATED OUTSIDE THIS STATE AND THIRTEEN DOLLARS A TON ON WASTE GENERATED WITHIN THIS STATE, TO PROVIDE FOR THE DISPOSITION OF THE REVENUES, AND TO DEFINE "INFECTIOUS WASTE"; TO AMEND THE 1976 CODE BY ADDING SECTION 11-7-15, SO AS TO AUTHORIZE ACCESS BY THE STATE AUDITOR TO CONFIDENTIAL STATE RECORDS, TO PROVIDE THAT IN EXAMINING CONFIDENTIAL RECORDS, THE STATE AUDITOR OR HIS DESIGNEES ARE SUBJECT TO ALL NONDISCLOSURE LAWS, AND TO MAKE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE THE WORKING PAPERS AND MEMORANDA OF THE STATE AUDITOR; TO AMEND SECTION 12-27-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUE LEVIED IN SECTIONS 12-27-1210 THROUGH 12-27-1240, SO AS TO AUTHORIZE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO SPEND FROM THIS ACCOUNT AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS IN FISCAL YEAR 1988-89 AND THEREAFTER AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ANNUALLY FOR A STATE INFRASTRUCTURE MODEL; TO PROVIDE FOR THE RECOMPUTATION OF THE AVERAGE FINAL COMPENSATION OF CERTAIN STATE EMPLOYEES WHO SERVED UNDER CONTRACT AND WHO RETIRED DURING FISCAL YEAR 1985-86; TO AMEND SECTION 59-21-320 OF THE 1976 CODE, RELATING TO STATE AID FOR SCHOOL BUILDING CONSTRUCTION, SO AS TO PROVIDE FIFTEEN DOLLARS PER PUPIL IN STATE AID FOR PUPILS IN PUBLIC KINDERGARTEN BEGINNING WITH THE 1988-89 FISCAL YEAR AND TO PROVIDE THAT ALL STATE AID UNDER THIS SECTION BE BASED ON THE ONE HUNDRED THIRTY-FIVE DAY COUNT OF AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICTS AS OF THE LAST COMPLETED SCHOOL YEAR ENDING IN THE CALENDAR YEAR BEFORE THE CALENDAR YEAR IN WHICH THE FISCAL YEAR BEGINS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-449, SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REPORT STATE AND LOCAL FUNDING REQUIREMENTS TO LOCAL ENTITIES THAT HAVE AUTHORITY TO LEVY SCHOOL TAXES; TO AMEND SECTION 12-35-1557 OF THE 1976 CODE, RELATING TO THE DUTIES OF SCHOOL DISTRICTS TO MAINTAIN THE PER PUPIL EFFORT FOR NONCAPITAL PROGRAM AND THE AVAILABLE WAIVER OF THE REQUIREMENTS SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY OBTAIN A WAIVER FROM THE STATE BOARD OF EDUCATION UPON A SHOWING THAT THE DISTRICT HAS ACHIEVED AVAILABLE OPERATING EFFICIENCIES AND ALL EDUCATIONAL REQUIREMENTS ARE BEING MET; TO AMEND SECTION 59-20-40, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE AID TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT, SO AS TO ADD A WEIGHTING FOR ADULT EDUCATION AND TO PROVIDE THAT THE NUMBER OF WEIGHTED ADULT EDUCATION PUPIL UNITS FUNDED DEPENDS ON THE AVAILABILITY OF GENERAL FUND REVENUES AND EDUCATION IMPROVEMENT ACT OF 1984 FUND RESERVES WITH NO LOCAL MATCH REQUIRED; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-448 SO AS TO PROHIBIT THE USE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY TO RAISE SALARIES OF PUBLIC SCHOOL PRINCIPALS AND PUBLIC VOCATIONAL SCHOOL DIRECTORS TO MEET THE REQUIREMENTS OF ANY REGULATION PROMULGATED BY THE STATE BOARD OF EDUCATION ESTABLISHING A MINIMUM DIFFERENTIAL IN THE SALARIES OF TEACHERS AND PRINCIPALS OR VOCATIONAL SCHOOL DIRECTORS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT APPLICATIONS FOR BOTH RETIREMENTS, AND UPON APPROVAL OF THE DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE RECEIVES; TO AMEND SECTION 12-27-1300 OF THE 1976 CODE, RELATING TO THE SELECT OVERSIGHT COMMITTEE TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR IMPLEMENTING THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE; TO AMEND SECTION 44-6-210 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND MEDICAID, SO AS TO DIRECT THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND MEDICAID ELIGIBILITY FOR AGED AND DISABLED PERSONS CONSISTENT WITH FEDERAL POVERTY GUIDELINES WITHIN THE LIMITS OF AVAILABLE FUNDS AND FROM FEES ASSESSED AGAINST ANY PERSONS CONVICTED OF CRIMES FOR WHICH THE PENALTY IS AT LEAST THREE YEARS' IMPRISONMENT; TO REQUIRE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO APPOINT AN OVERSIGHT COMMITTEE CONSISTING OF THREE HOUSE MEMBERS TO REVIEW AND REPORT TO THE HOUSE ON CURRENT AND ANTICIPATED EXPENDITURES RESULTING FROM ACTIONS BY THE FEDERAL GOVERNMENT AGAINST STATE AGENCIES FOR ALLEGED VIOLATIONS OF THE CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT; TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270, CODE OF LAWS OF SOUTH CAROLINA, 1976 AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM;

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA:
Very respectfully,
President

On motion of Rep. McLELLAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. McLELLAN BOAN and J. ROGERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 24, 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. 1316 -- Senators Dennis and Nell W. Smith- A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR AN EXEMPTION FOR ARCHEOLOGICAL RECORDS OF THE INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 24, 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. 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", CHANCE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANCE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANCE 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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 24, 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. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 24, 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. 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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.

Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to:
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.
Very respectfully,
President

On motion of Rep. PEARCE, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HOLT, FOXWORTH and ALTMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 24, 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. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on S. 457, having been adopted by both Houses:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 39

Received as information.

The following was received.
Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the report of the Committee of Conference on S. 1295, having been adopted by both Houses:
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.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 40

Received as information.

The following was received.
Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., McConnell and Pope of the Committee of Free Conference on the part of the Senate on H. 2591:
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
Very respectfully,
President

No. 70

Received as information.

The following was received.
Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 2591, and the report having been adopted by both Houses:
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 41

Received as information.

The following was received:

The General Assembly, Columbia, S.C., May 17, 1988

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows:

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

/SECTION 1. Section 6-7-710 of the 1976 Code is amended to 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, airport, 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, 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."

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

Amend title to conform.

/s/Caldwell T. Hinson             /s/Robert Wesley Hayes, Jr.
/s/Herbert U. Fielding            /s/D. L. Aydlette, Jr.
/s/James E. Bryan, Jr.            /s/David H. Wilkins
On Part of the Senate.              On Part of the House.

Rep. WILKINS explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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

H. 4266 -- Rep. Tucker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INVESTIGATE THE SAFETY OF THE ROAD LOCATED ON U.S. HIGHWAY 76 BETWEEN INTERSTATE 85 AND S.C. HIGHWAY 78 IN ANDERSON COUNTY.

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

H. 4266 -- Rep. Tucker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INVESTIGATE THE SAFETY OF THE ROAD LOCATED ON U.S. HIGHWAY 76 BETWEEN INTERSTATE 85 AND S.C. HIGHWAY 78 IN ANDERSON COUNTY.

Whereas, there have been numerous motor vehicle accidents, particularly during the past six months, on the road located on U.S. Highway 76 between Interstate 85 and S.C. Highway 78 in Anderson County; and

Whereas, the most recent horrible accident in the area has prompted the General Assembly to express their deepest concern about highway safety on that dangerous road; and

Whereas, it is necessary that the Department of Highways and Public Transportation take a close look at this problem in order that future accidents may be prevented and lives saved; and

Whereas, it is this State's responsibility to ensure the safety of its citizens by maintaining our roads and highways in such a way as to protect them and minimize the risks to which they are exposed. Now, therefore,

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

That the members of the General Assembly request the Department of Highways and Public Transportation to investigate the safety of the road located on U.S. Highway 76 between Interstate 85 and S.C. Highway 78 in Anderson County.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

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

Rep. McLELLAN insisted upon the Special Orders of the day.

The following Bill was taken up.

H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.

Rep. CORNING: "The Fiscal Impact Statement on the back of the House Bill is based on the skeleton bill. The Bill, as amended, requires an upward amount of $250 million worth of amendments. I don't have the exact number, but it clearly has fiscal impact and I would ask the chairman to send it back to the committee for a proper Fiscal Impact Statement."

SPEAKER SHEHEEN: "Mr. Corning is saying, what I understand him to say, is that the Fiscal Impact Statement, which is attached to the Bill, is a statement of estimated fiscal impact for the skeleton bill, and that an amended fiscal impact statement has not been attached, which reflects the committee amendment."

Rep. WINSTEAD: "Has the version adopted by Ways and Means been adopted by the full House? I think, if the version of that amendment, that we passed in Ways and Means, were adopted by the full House, then in essence, you may need the actual Fiscal Impact Statement, but until that occurs, I think the point comes too early."

SPEAKER SHEHEEN: "I am troubled by the provision in the statute which was enacted in 1979, Section 38, of the General Appropriations Bill, the permanent provisions which has been codified, which says that when any bill relating to state taxes is reported out of a standing committee of the Senate or House for consideration, there must be attached and printed as a part of the committee report a statement of the estimated fiscal impact of the Bill on the finances of the state signed by the chairman of the Tax Commission or his designee. In addition to that, there is a Section 39, which was adopted in 1978, which says that whenever a Bill or Resolution is introduced requiring an expenditure fund, the principal author has to attach a statement. In this instance, the statement could apply to the statement of estimated fiscal impact for the author because when the author introduced the Bill, Mr. Carnell, Mr. McLellan, Mr. McAbee, Mr. Blanding, and Mr. Edwards, there was indeed zero fiscal impact because it was a skeleton bill. And that takes care of Section 39. But, Section 38, gives me a problem. It doesn't specifically say that the effect is that you couldn't adopt the author's Fiscal Impact Statement, but it certainly implies that as a part of the committee report, that if the committee report is going to change the Bill, that the committee, then, has an obligation to furnish an amended statement of fiscal impact, so that the House will know what it is voting on and what that will mean. It further defines a statement of estimated fiscal impact as meaning the consensus opinion of the person executing the required statement as to the increase or decrease in the net tax revenue to the state if the Bill concerned is enacted by the General Assembly."

Rep. WINSTEAD: "My concern, thereas, is where we refer to in that it was passed, to it affecting the tax structure within the state from an appropriated dollar amount, an expenditure amount. I would somewhat question the expenditure of that money, in effect, that a Bond Bill authorizes a certain amount of funds and there is a ceiling set on those dollars which are executed by the state in a given period of time. I would think, but not being an attorney, that that might be construed as not appropriating funds, but authorizing expenditures to a debt ceiling that's already set by the state itself."

SPEAKER SHEHEEN: "Mr. Corning, do you raise your Point of Order under Section 38 of 1979 or Section 39 of 1978?"

Rep. CORNING: "It sounds like I better raise it under Section 38 and if that doesn't work, then I'll raise it again under Section 39."

SPEAKER SHEHEEN: "Well, you understand that think you have to give these rules a fairly strict construction. Section 38, in my opinion, is designed to apply to bills that increase or decrease tax revenue. It's a tax statute. It doesn't apply in reference to a bill which either expends money or decreases expenditures of money unless it actually increases the tax rate or decreases the tax rate. If this bill, itself, imposed a tax (i.e., cigarette, tobacco, gasoline), it would have to have, under Section 38, an impact statement on the tax revenues of the state, that they would be increased or decreased appropriately. If you move then, to Section 39, the only requirement for Section 39 is that the author is required to attach a statement of estimated fiscal impact. Under the second section of that, however, it does say that if, prior to reporting the bill out of committee, the amount is substantially different from the original estimate, the committee shall attach a statement of estimated fiscal impact to the Bill signed by the state auditor. Somebody from Ways and Means needs to explain that a whole lot if we're going to get around that sentence."

Rep. WINSTEAD: "I think it does leave some room for variance in there when you say a substantial increase one way or the other from the point which you raised."

SPEAKER SHEHEEN: "Do you contend that the Ways and Means Committee Amendment does not substantially affect the difference of the fiscal impact on the state versus the original skeleton bill, which had zero impact?"

Rep. WINSTEAD: "These particular funds, in this Bond Bill, it authorizes the expenditure of those funds, it doesn't expend those funds beyond a certain ceiling which is already set by the comptroller and the treasurer."

SPEAKER SHEHEEN: "The principal question, Mr. Winstead, is whether or not the committee report affects substantially different the statement of estimated fiscal impact that was attached to the Bill, as part of the author's original introduction. Now, if you're going to tell me, if you're going to maintain, that a committee report, which authorizes some $254 million dollars does not substantially affect the zero fiscal impact statement done by the auditor, then, you better get the auditor to tell me that because I don't think I am going to believe you."

Rep. WINSTEAD: "I understand that, but what my contention is, is that the skeleton bill, in fact, does say zero, but as passed by Ways and Means, is an amendment to that Bill. We have not, in the past, had financial impact statements on an amendment."

SPEAKER SHEHEEN: "You need to go read Section 39."

Rep. WILKINS: "My point was going to be that Mr. Corning's Point comes too late and that the full House has already acted on it and voted to set the Bill for Special Order."

SPEAKER SHEHEEN: "No sir, the Bill itself has never been considered by the House."

Rep. McLELLAN: "In fact, does the Bond Bill appropriate money and in any way does it involve revenue of the state until such time as the treasurer sells the bonds and money is appropriated for debt service."

Rep. McCAIN moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Corning                Davenport              McCain
Pettigrew

Those who voted in the negative are:

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

So, the House refused to adjourn.

SPEAKER SHEHEEN: "The Bill does not require the expenditure of funds, under Section 39, it only authorizes the expenditure of funds, much in the same way as an Appropriations Bill does. The Bill is out of order until such time as a revised fiscal impact statement is placed at the desk, and Rep. Corning's Point is sustained."

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

H. 4285 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ROAD S-44-440 IN UNION COUNTY AS "VANDERFORD ROAD".

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

H. 4285 -- Rep. O. Phillips: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME ROAD S-44-440 IN UNION COUNTY AS "VANDERFORD ROAD".

Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to name Road S-44-440 in Union County between Brownscreek Road and Phillipi Church Road as "Vanderford Road".

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

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

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

H. 4290 -- Reps. Townsend, T. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE FORESTRY COMMISSION TO TAKE IMMEDIATE ACTION TO FILL PRESSING NEEDS OF ANDERSON COUNTY IN THE MANAGEMENT OF ITS FORESTRY RESOURCES.

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

H. 4290 -- Reps. Townsend, T. Alexander, Chamblee, Cooper, P. Harris, Kay, McLellan and Tucker: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE FORESTRY COMMISSION TO TAKE IMMEDIATE ACTION TO FILL PRESSING NEEDS OF ANDERSON COUNTY IN THE MANAGEMENT OF ITS FORESTRY RESOURCES.

Whereas, the Forestry Commission has failed to take actions which are necessary for the protection and enhancement of the forest resources of Anderson County; and

Whereas, it is imperative that certain actions must be taken to rectify the situation. Now, therefore,

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

That the South Carolina State Forestry Commission is directed to take the following actions to properly manage the forestry resources of Anderson County:

(1) fill the position of Forestry Warden;

(2) purchase a new and suitable tractor for use in the county;

(3) reinstate travel expense allowances for forestry inspection, insect control, and tree planting practices.

Be it further resolved that a copy of this resolution be forwarded to the State Forester.

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

Rep. AYDLETTE, from the Charleston Delegation, submitted a favorable report, on:

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

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

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

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

The following was introduced:

H. 4294 -- Rep. Washington: A HOUSE RESOLUTION AUTHORIZING THE CLERK OF THE HOUSE TO PRINT AT LEAST ONE THOUSAND BOOKLETS CONTAINING THE COLLECTED OPENING PRAYERS OF THE HOUSE CHAPLAIN DURING THE 1988 SESSION OF THE GENERAL ASSEMBLY AND AN ADDITIONAL NUMBER SUFFICIENT TO ALLOW INDIVIDUAL MEMBERS TO RECEIVE AN EXTRA ALLOCATION OF BOOKLETS, NOT TO EXCEED TWENTY-FIVE.

Be it resolved by the House of Representatives:

That the Clerk of the House is authorized to print at least one thousand booklets containing the collected opening prayers of the House chaplain during the 1988 session of the General Assembly and an additional number sufficient to allow individual members to receive an extra allocation of booklets, not to exceed twenty-five.

The Resolution was adopted.

The following was introduced:

H. 4295 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE WILLIE W. BROOKS, LONG-TIME PRINCIPAL OF WEST LEE ELEMENTARY SCHOOL OF LEE COUNTY.

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

The following was introduced:

H. 4296 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO COMMEND ONE HUNDRED ONE-YEAR-OLD DAVID CARR OF SOCASTEE IN HORRY COUNTY FOR THE INSPIRATION HE GIVES TO YOUNG AND OLD BY HIS POSITIVE ATTITUDE AND ENJOYMENT OF LIFE'S ACTIVITIES AS EVIDENCED BY HIS PARTICIPATION IN CONWAY'S FIRST SENIOR GAMES.

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

The following was introduced:

H. 4297 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LONNIE B. NELSON ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO IN RICHLAND COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The following was introduced:

H. 4298 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO IN RICHLAND COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The following was introduced:

H. 4299 -- Reps. Dangerfield and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ROBERT M. GRAHAM OF CHARLESTON.

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

The following was introduced:

H. 4300 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE MS. ANNIE LOUISE PHELPS, OF RICHLAND COUNTY, ON HER SELECTION AS THE "1987 SOUTH CAROLINA MOTOR VEHICLE DIVISION EMPLOYEE OF THE YEAR" AND TO EXPRESS APPRECIATION FOR THE OUTSTANDING JOB DONE BY THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

The following was introduced:

H. 4301 -- Reps. Dangerfield, Aydlette, J. Bradley, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXTENDING GREETINGS FOR A VERY HAPPY BIRTHDAY TO "AUNTIE" MATTIE BROWN OF CHARLESTON COUNTY ON THE OCCASION OF HER ONE HUNDRED SEVENTH BIRTHDAY AND WISHING HER MANY HAPPY RETURNS.

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

The following was introduced:

H. 4302 -- Rep. Neilson: A CONCURRENT RESOLUTION CONGRATULATING DERRICK MCQUEEN, GRADUATING SENIOR AT ST. JOHN'S HIGH SCHOOL IN DARLINGTON, FOR A SUPERB HIGH SCHOOL BASKETBALL CAREER, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

The following was introduced:

H. 4303 -- Rep. Taylor: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DAVID H. JOHNSON OF COLUMBIA IN RICHLAND COUNTY ON THE OCCASION OF HIS ONE HUNDRED THIRD BIRTHDAY ON MAY 6, 1988, AND WISHING HIM MANY HAPPY AND FRUITFUL RETURNS OF THE DAY.

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

The Senate sent to the House the following:

S. 1520 -- Senators Leventis and Land: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF SHAW HEIGHTS ELEMENTARY SCHOOL IN SUMTER COUNTY SCHOOL DISTRICT TWO IN SUMTER COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The Senate sent to the House the following:

S. 1521 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The Senate sent to the House the following:

S. 1522 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF SATCHEL FORD ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT ONE IN RICHLAND COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The Senate sent to the House the following:

S. 1523 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LONNIE B. NELSON ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

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

The Senate sent to the House the following:

S. 1524 -- Senators Waddell and Lindsay: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON THURSDAY, JUNE 2, 1988, ITS RESPECTIVE BODIES ARE AUTHORIZED TO CONTINUE IN SESSION BEYOND JUNE 2, 1988, UNDER THE RULES OF THE RESPECTIVE BODIES AND IN COMPLIANCE WITH THE PROVISIONS OF SECTION 21 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE.

The Concurrent Resolution was ordered referred to the Committee on Rules.

The Senate sent to the House the following:

S. 1525 -- Senators Horace C. Smith, Lee and Russell: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MRS. GUYNELL MURPH JONES OF SPARTANBURG COUNTY FOR HER DISTINGUISHED CAREER IN PUBLIC EDUCATION WHICH HAS CONTRIBUTED SO MUCH TO HER STUDENTS, TO THE PACOLET COMMUNITY, AND TO SPARTANBURG COUNTY AND WISHING HER MANY YEARS OF GOOD HEALTH AND HAPPINESS DURING HER RETIREMENT.

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

The following was received.
Columbia, S.C., May 24, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Lindsay and Moore of the Committee of Conference on the part of the Senate on H. 3880:

General Appropriation Bill
Very respectfully,
President

No. 71

Received as information.

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

H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.

Without reference.

H. 4305 -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.

Without reference.

H. 4306 -- Reps. T. Rogers and Taylor: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-47, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, AND TO REQUIRE THE LOCAL SYSTEM TO KEEP AN ADEQUATE RETAINAGE TO MEET CURRENT RETIREE OBLIGATIONS.

Referred to Committee on Ways and Means.

S. 1367 -- Senators Moore, Shealy and Setzler: A BILL TO PROVIDE FOR THE NUMBER, DISTRICTS, AND LOCATION OF OFFICES OF MAGISTRATES IN AIKEN COUNTY AND TO REPEAL ACT 254 OF 1985 RELATING TO THE MAGISTRATES IN AIKEN COUNTY.

Referred to Aiken Delegation.

The following was introduced:

H. 4307 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1, RELATING TO MAGISTRATES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H. 4025 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 1 be set by special order for second reading or other consideration immediately following second reading or other disposition of H. 4025 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 1 is given second reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

Rep. McTEER proposed the following Amendment No. 1 (Doc. No. 4136J), which was adopted.

Amend as and if amended, by striking: call of the uncontested calendar. And inserting consideration of Senate amendments.

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

The Resolution, as amended, was adopted by a division vote of 80 to 7.

The following was introduced:

H. 4308 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 411, RELATING TO ANNEXATION, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 1 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 411 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 411 be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 1 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 411 is given second reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

Rep. DAVENPORT moved to table the Resolution, and demanded the yeas and nays, which were not ordered.

The House refused to table the Resolution by a division vote of 9 to 76.

The question then recurred to the adoption of the Resolution, which was agreed to.

The following was introduced:

H. 4309 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 711, RELATING TO FEES OF CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 411 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 711 UNTIL SECOND READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S. 711 be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 411 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 711 is given second reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The Resolution was adopted.

The following Bill was introduced, read the first time, and ordered placed on the calendar without reference.

S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.

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

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 4289 -- Oconee Delegation: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1988 GENERAL ELECTION TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT.

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

H. 4288 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR CHARLESTON COUNTY PARKS AND RECREATION COMMISSION, AND TO PROVIDE FOR THE OPERATING BUDGET OF CHARLESTON COUNTY PARKS AND RECREATION COMMISSION FOR FISCAL YEAR 1988-89.

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

S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. J. BRADLEY having the floor.

S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.

Debate was resumed on Amendment No. 9, which was proposed on Thursday, May 19, by Rep. J. BRADLEY

Rep. J. BRADLEY continued speaking.

Rep. McLELLAN spoke against the amendment.

Rep. J. BRADLEY spoke in favor of the amendment.

Rep. McLELLAN insisted upon the Special Orders of the day.

Further proceedings were interrupted by insistence upon Special Orders, the pending question being consideration of Amendment No. 9, Rep. J. BRADLEY having the floor.

The following Bill was taken up.

H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.

Rep. McLELLAN explained the Bill.

Rep. McLELLAN continued speaking.

Rep. McLELLAN moved that Amendment No. 1 be taken up item by item, which was agreed to.

Rep. SHEHEEN spoke against the Bill.

Rep. McLELLAN spoke in favor of the Bill.

Rep. WINSTEAD inquired whether the amendment was to be taken up on an item by item basis.

The SPEAKER Pro Tempore stated that it would be taken up on an item by item basis, not a line item basis.

Rep. L. MARTIN then inquired whether, as there was a minority report on the Bill, there must be a roll call vote on each item, and stated that the objections were not on every section, therefore ten members must second the call for a roll call rather than one being mandated for each item.

Rep. HUFF then argued that the minority report covers the entire Bill, as reported by Committee, and once divided, the members' objections would carry over to each item, thus necessitating a roll call vote on each item.

The SPEAKER Pro Tempore stated that there would be a record vote on each section.

Rep. GREGORY then inquired whether each item could, by motion, be divided into line items.

The SPEAKER Pro Tempore replied in the affirmative.

Rep. BLACKWELL moved to reconsider the vote whereby the motion to take the Amendment up item by item.

Rep. LEWIS inquired whether, as there was a minority report, the Bill must be taken up item by item.

The SPEAKER Pro Tempore stated that such motion had previously been adopted.

Rep. SHEHEEN then raised the Point of Order that the motion to reconsider the vote was out of order as it was improper to reconsider procedural motions.

The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion to reconsider out of order.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3848J).

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

SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended by adding:
"1.     State Law Enforcement Division

(a)     Main Building Renovation &

HVAC Replacement     710,000

(b)     Serology Lab Renovation &

HVAC Replacement     37,000

(c)     Main Building Roof Replacement     50,000
Total, State Law Enforcement

Division     797,000
2.     Adjutant General's Office

Armory Construction: 251st Evac.

Hospital     625,000
Total, Adjutant General's Office     625,000
3.     Budget and Control Board

(a)     Fire Academy Relocation     4,726,431

(b)     Asbestos Emergency

Abatement, Phase 2     10,000,000

(c)     Contingency Revolving Fund     500,000
Total, Budget and Control Board     15,226,431
The asbestos abatement projects funded in this item must be funded on a schedule as dictated by the survey results indicating immediacy for removal.
4.     The Citadel

(a)     Bond Hall Renovation     6,186,000

(b)     Central Energy Facility

Renovate/Expand     1,500,000
Total, The Citadel     7,686,000 5.     Clemson University (E&G)

Engineering Innovation

Center, A&E     750,000
Total, Clemson University (E&G)     750,000
6.     College of Charleston

(a)     Central Energy Facility

Expansion     1,500,000
Total, College of Charleston     1,500,000
7.     Francis Marion College

Stokes Administration

Building Expansion     1,920,000
Total, Francis Marion College     1,920,000
8.     Lander College

(a)     Old Main Renovation, A&E     436,000

(b)     Henrietta Apartments

Acquisition     600,000
Total, Lander College     1,036,000
9.     South Carolina State College

(a)     Machine Shop Renovation     100,000

(b)     Counseling & Self-Development

Center Addition     250,000

(c)     Arts and Science Building, A&E     292,500
Total, South Carolina State College     642,500
10.     University of South Carolina

(a)     Aiken: Education/Business

Building, A&E     468,000

(b)     Beaufort: Renovations     500,000

(c)     Coastal: Business

Administration Building     9,600,000

(d)     Columbia: Renovations     5,200,000

(e)     Columbia: Music Building,

A&E     916,500

(f)     Lancaster: Maintenance

Building     191,000

(g)     Lancaster: Starr Hall

Renovation     605,000

(h)     Salkehatchie: Library/Computer

Science Bldg.     2,144,000

(i)     Spartanburg: Campus Life

Center, A&E     370,500

(j)     Sumter: Library Addition     4,307,000

(k)     Union: Main Building

Renovations     2,100,000
Total, University of South Carolina     26,402,000
11.     Winthrop College

(a)     Johnson Hall

Renovation/Addition     3,200,000

(b)     Conservatory of Music

Renovation/Addition     1,900,000

Total, Winthrop College     5,100,000
12.     Medical University of South Carolina

(a)     Colcock Hall Renovation     750,000

(b)     Biomedical Research Facility,

A&E     585,000
Total, Medical University of South

Carolina     1,335,000
13.     State Board for Technical

Comprehensive Education

(a)     State Board: Statewide System

Equipment     5,000,000

(b)     Beaufort: Coleman Hall

Renovation     67,000

(c)     Beaufort: Owen Hall Renovation     275,460

(d)     Beaufort: Anderson Hall

Renovation     297,000

(e)     Beaufort: Allied Health Bldg.     1,775,000

(f)     Denmark: Physical Plant

Building     643,760

(g)     Denmark: Student Service Ctr.

Renovate/Addition     1,000,000

(h)     Florence-Darlington:

Student Activities Center     2,500,000

(i)     Florence-Darlington:

5 Bldgs. Renovate     360,000

(j)     Florence-Darlington:

4 Bldgs. Repair     200,000

(k)     Greenville: Technical Resource

Center     3,000,000

(l)     Horry-Georgetown:

Electronics/Technology Bldg.     2,032,000     (m)     Horry-Georgetown:

Entranceway/Parking     928,000

(n)     Horry-Georgetown:

Learning Resource Center     1,000,000

(o)     Midlands, Airport Campus:

Admin. Bldg. Renovate     760,000

(p)     Piedmont: Library/Learning

Resource Center     2,194,500

(q)     Piedmont: Health Sciences

Classroom Building     1,200,000

(r)     Tri-County: Learning Resource

Center/Admin. Bldg.     500,000
Total, State Board for Technical

Comprehensive Education     23,732,720
14.     Educational Television Commission

(a)     State-Record Facilities

Purchase     4,020,000

(b)     State-Record Facilities

Construction/Renovation     4,765,000

(c)     Equipment: Satellite receiving

terminals and Westar units     1,150,000

(d)     Instruc. Television Fixed

Service: Channel Group E     2,373,000
Total, Educational Television

Commission     12,308,000
15.     Wil Lou Gray Opportunity School

(a)     Dormitory Roof     50,000

(b)     Parking Lot     65,000

(c)     Fire Alarm System Replacement

in Dormitories     40,000
Total, Wil Lou Gray Opportunity

School     155,000
16.     School for the Deaf & the Blind

(a)     Robertson Hall Improvements     85,000

(b)     Thackston Hall Improvements     275,000
Total, School for the Deaf & the

Blind     360,000
17.     Archives and History

Microfilm Vault     160,000
Total, Archives and History     160,000 18.     State Library

State Library

Expansion/Renovation, A&E     403,900
Total, State Library     403,900
19.     Department of Mental Health

(a)     Byrnes Medical Center

Renovation     3,000,000

(b)     Berkeley County Mental

Health Center     780,000

(c)     Gibbes Bldg. Renovation     900,000
Total, Department of Mental Health     4,680,000
20.     John de la Howe School

(a)     Cottage Renovation: Part 2     500,000

(b)     Old Dairy Renovation     700,000
Total, John de la Howe School     1,200,000
21.     Department of Corrections

(a)     808-Bed Medium Security

Institution     28,000,000

(c)     Kirkland: 50-bed Maximum

Security Unit     1,800,000

(d)     Appalachian Region:

384-bed Female Institution     12,000,000

(e)     Lower Savannah: 96-bed

Addition (Work Release)     250,000

(f)     Campbell: 96-bed Addition

(Work Release)     250,000

(g)     Palmer: 96-bed Addition

(Work Release)     250,000

(h)     Givens Youth: 192-bed

Addition     1,200,000

(i)     Goodman: 96-bed Addition     250,000

(j)     General Renovations     1,550,000
Total, Department of Corrections     45,550,000
After review by the Joint Bond Review Committee and approval by the Budget and Control Board, the Department may use funds authorized under the provisions of this subitem to construct prison facilities that, in the opinion of the Department, would be an alternative to the utilization of funds to house inmates as authorized in this subitem.
22.     Department of Youth Services

(a)     Floor Repair     151,533     (b)     Facility Roofing     521,484

(c)     Utilities Repair     62,400

(d)     Painting     150,000

(e)     HVAC Repair/Replace     1,378,650

(f)     Birchwood fence     400,000

(g)     Santee Dorm Renovation     56,370

(h)     Laundry Renovation/

Equipment Purchase     45,096

(i)     Infirmary Renovate/Expand     229,178

(j)     Group Home Relocation     125,000
Total, Department of Youth Services     3,119,711
23.     Department of Agriculture

Columbia Market Site Preparation     960,000
Total, Department of Agriculture     960,000
24.     Clemson University (PSA)

Animal Research Compliance

Facility     5,400,000
Total, Clemson University (PSA)     5,400,000
25.     Wildlife and Marine Resources

Department

(a)     Charleston: Coop. Research

Facility Renovation     177,000

(b)     Hatchery Construction and

Renovation     500,000

(c)     Charleston: Boat Slip/

Docking Renovation     150,000
Total, Wildlife and Marine Resources

Department     827,000
26.     Department of Parks,

Recreation and Tourism

(a)     State Parks: Roads and

Parking Repairs     800,000

(b)     General Park Improvements     1,780,000

(c)     Cheraw State Park Development     6,400,000

(d)     Santee Canal State Park:

Phase 2     1,500,000

(e)     Utility Replacements     900,000

(f)     Dreher Island State Park

Improvements     900,000
Total, Department of Parks,

Recreation & Tourism     12,280,000
27.     Ports Authority

Charleston Harbor Deepening     40,338,700
Total, Ports Authority     40,338,700
It is the State's intention to make the funds authorized in this subitem available to the State Ports Authority over a period of not less than eight years. This would be the match required of this project. The project is estimated to cost a total of $115 million. The availability of these funds is restricted so that the Budget and Control Board (Board) and the Joint Bond Review Committee (Committee)may make available to the Ports Authority not more than $7,200,000 in 1988-89; an additional amount of not more than $6,000,000 in 1989-90; an additional amount of not more than $5,400,000 in 1990-91; and an additional amount of not more than $5,400,000 in 1991-92. The Board and the Committee may schedule the availability of the balance of the new funds authorized for the project in this subitem. The Ports Authority shall repay the State the amount of the funds actually drawn under this authorization in annual installments of at least $250,000 to begin in 1988-89.
28.     Greenville Performing Arts

Center     6,000,000
Total, Greenville Performing

Arts Center     6,000,000
The funds authorized in this subitem for the Greenville Performing Arts Center must be matched on a four-to-one value basis by contributions provided by the governing bodies of Greenville County and the City of Greenville, donations in-kind, and any other source of funds which may be obligated for the center.
29.     South Carolina Aquarium     13,400,000
Total, South Carolina Aquarium     13,400,000
The funds authorized in this subitem for the South Carolina Aquarium may not be released until an authority is established to operate this facility. The Authority must agree to pay, beginning one year from the date of completion of the project, to the State Treasurer, the net revenues of the Aquarium which must be applied to the payment of the principal and interest of the bonds authorized by this subitem.
30.     Florence County-Civic Center     5,000,000

Total, Florence County-Civic

Center     5,000,000
The funds authorized in this subitem for the Florence County Civic Center must be matched on a two-to-one value basis as provided by the governing body of Florence County and any governing body of any municipality in Florence County, donations in-kind, and any other source of funds which may be obligated for the center.
31.     North Charleston Coliseum     5,000,000

Total, North Charleston Coliseum     5,000 000
The funds authorized in this subitem for the North Charleston Coliseum must be matched on a four-to-one value basis as provided by the governing body of the city of North Charleston.
TOTAL, ALL AGENCIES     $243,894,962."
SECTION 2. Sub-subitem 1 of subitem 10 (Medical University) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 518 of 1980 is amended to read:
"1.     Hospital - East Wing

Addition     $30,850,000
$28,850,000."

SECTION 3. Sub-subitem 5 of subitem 23 (Clemson PSA) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 538 of 1986 is deleted.

SECTION 4. Section 4 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act shall may not exceed $1,152,776,976.10 $1,531,381,938.10. The limitation imposed by the provisions of this section shall do not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 1276 of 1970 and Act 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by acts amendatory of it the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 5. The State Budget and Control Board (board) shall devise a procedure, reviewed by the Joint Bond Review Committee (committee) and the board, under which staff of the board will monitor efforts undertaken for project authorizations in this act which are for architectural and engineering (A&E) work only. This procedure must provide opportunities for the committee and the board to gain a full understanding of the particular components of each project. These components will include, at a minimum, the operational expenses associated with each project, assuming completion, and the total amount of additional funding that would be necessary to complete the project as designed. The procedure must provide for not less than two reviews, by the committee and the board, on the design work of each project. The first review must occur after completion of the architectural program and immediately following the completion of the schematic drawings. The second review must occur following the completion of project plans and specifications. The results of these reviews will be summarized by board staff and forwarded to the committee and the board for consideration by them in connection with the formulation of any additional project funding recommendations.

SECTION 6. The General Assembly directs the Joint Bond Review Committee and the State Budget and Control Board to arrange the schedule of draws of the capital improvement bond funds authorized in this act so that a reasonable amount of reserve is in the draw schedule for emergency projects and other purposes which may be authorized by the General Assembly in future bond acts.

SECTION 7. Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may not be authorized by the General Assembly except in even odd-numbered years beginning in 1991."

SECTION 8. Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Section 1-11-410. The Budget and Control Board may not approve any lease-purchase proposal obligating payment of more than one hundred thousand dollars within a three-year period without prior approval of the General Assembly."

SECTION 9. Section 59-53-57 of the 1976 Code is amended by adding the following paragraph after the first paragraph:

"The board and institutions are eligible to receive state funds for capital facilities. Prior to the withdrawal of authorized funds from the State Treasurer, the State Board for Technical and Comprehensive Education shall obtain and transmit to the State Treasurer a certificate from the appropriate official at the technical institution stating that a minimum of twenty percent of each project cost has been provided by the local support area. The provisions of this paragraph do not apply to Denmark and Beaufort Technical Colleges."

SECTION 10. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. SHEHEEN moved to adjourn debate upon the amendment, which was adopted.

Rep. SHEHEEN, with unanimous consent, moved to pass over Amendment Numbers 2-12, which was adopted.

Reps. SHEHEEN and McEACHIN proposed the following Amendment No. 13 (Doc. No. 4209J), which was tabled.

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

/SECTION 1. Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in even numbered odd-numbered years."

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

Amend title to conform.

Rep. SHEHEEN explained the amendment.

Rep. CARNELL spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. MCABEE raised the Point of Order that Amendment No. 13 was out of order as the Bill dealt with the authorization of specific bonds and the amendment dealt with the procedural authority for the years in which bond bills may be dealt with by the General Assembly, and was therefore not germane.

The SPEAKER Pro Tempore stated that the amendment and the committee amendment dealt with the same Code Section, 2-7-105.

Rep. MCABEE argued that that part of the committee amendment might also be nongermane, however, he could not raise that Point of Order at this time.

Rep. SHEHEEN stated that both the committee amendment and the bill amended Act 538 of 1986, which was last amended to provide for consideration of the Bond Bill only in even-numbered years.

The SPEAKER Pro Tempore stated the amendment was germane and he overruled the Point of Order.

Rep. CARNELL moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Baker                  Barfield
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, H.              Burch
Burriss, T.M.          Carnell                Clyborne
Cole                   Cork                   Dangerfield
Day                    Edwards                Elliott
Ferguson               Foxworth               Harris, J.
Harvin                 Haskins                Helmly
Holt                   Johnson, J.C.          Jones
Kohn                   Lanford                Martin, D.
Martin, L.             Mattos                 McAbee
McKay                  McLellan               McLeod, E.B.
McTeer                 Pearce                 Petty
Phillips, O.           Rhoad                  Rice
Rudnick                Shelton                Taylor
Washington             Wells                  Whipper
Wilder                 Wilkins                Winstead

Those who voted in the negative are:

Alexander, T.C.        Altman                 Baxley
Beasley                Boan                   Burriss, M.D.
Chamblee               Cooper                 Corning
Davenport              Derrick                Fair
Gregory                Harris, P.             Hayes
Hearn                  Hendricks              Hodges
Huff                   Humphries              Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lewis
Lockemy                Mappus                 McCain
McEachin               McElveen               McGinnis
Moss                   Neilson                Nesbitt
Nettles                Pettigrew              Phillips, L.
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Short                  Simpson
Snow                   Sturkie                Thrailkill
Townsend               Tucker                 White

So, the amendment was tabled.

The SPEAKER Pro Tempore granted Rep. BEASLEY a leave of absence for the remainder of the day.

Rep. T. ROGERS moved to reconsider the vote whereby debate was adjourned on Amendment No. 1, which was agreed to.

Debate was resumed on Ways and Means Committee Amendment No. 1. (Doc. No. 3848J).

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

SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended by adding:

"1.     State Law Enforcement Division

(a)     Main Building Renovation &

HVAC Replacement     710,000

(b)     Serology Lab Renovation &

HVAC Replacement     37,000

(c)     Main Building Roof Replacement     50,000
Total, State Law Enforcement

Division     797,000

Rep. McLELLAN explained Item No. 1.

Rep. STURKIE moved that the House do now adjourn, which was adopted by a division vote of 58 to 35.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Section 1, Item 1, Rep. McLELLAN having the floor.

The Senate returned to the House with concurrence the following:

H. 4232 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 10, 1988, FROM 11:30 A.M. TO 12:30 P.M.

H. 4268 -- Reps. Rudnick, Keyserling, T. Rogers, Townsend, Pettigrew, Jones, Sharpe, Gentry, Waldrop and Carnell: A CONCURRENT RESOLUTION TO DESIGNATE JUNE AS "JUST SAY NO TO DRUGS MONTH" IN SOUTH CAROLINA TO ENCOURAGE NOT ONLY THE 1988 HIGH SCHOOL GRADUATES BUT ALL CHILDREN AND YOUNG PEOPLE TO SAY NO TO DRUGS AND ALCOHOL.

At 4:55 P.M. the House in accordance with the motion of Rep. STURKIE adjourned to meet at 10:00 A.M. tomorrow.

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