South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 1, 1989

Wednesday, February 1, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Rev. Jay Hammett, Pastor of Summerton Presbyterian Church, Summerton, S.C.:

Lord of Prophets, Priests, and Kings, each and every day You find us, and if we seek You, You shall be found. On this day, the first day of the shortest month we ask that You find us people who have a vision of the opportunities that lie before.

Though perhaps You find us as souls marveling at how much there is to be done and how little time there is for its doing.

Though this house wrestles with insurances, finances, death causing waste, free speech, appropriations, and bills, speak to us of assurance, life giving hope, and Holy decrees.

Bless this State and these proceedings. You have touched this State with beauty. Mountain streams flow gently to the coasts of old, and even now we discover the hidden gold of our interior. Grant that we may not only be shining on the edges, but refreshed, pure, and rich within. We, praying in the name that brings salvation, say Amen.

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

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

CONFIRMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor

February 1, 1989
Mr. President and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

MASTER-IN-EQUITY APPOINTMENT

Reappointment, Master-in-Equity for Charleston County, with term to expire December 24, 1992;

Louis Condon, 235 Wando Lea Drive, Mt. Pleasant, S.C. 29464

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor

February 1, 1989
Mr. President and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

MASTER-IN-EQUITY APPOINTMENT

Appointment, Master-in-Equity for Georgetown County, with term to expire January 1, 1995;

Jack Scoville, P.O. Box 1250, Georgetown, S.C. 29442

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor

February 1, 1989
Mr. President and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

MASTER-IN-EQUITY APPOINTMENT

Appointment, Master-in-Equity for Lexington County, with term to expire January 1, 1995;

George W. Jefferson, 221 Barmount Drive, Columbia, S.C. 29210

Rep. KLAPMAN demanded the yeas and nays on the confirmation, which were taken resulting as follows:

Yeas 7; Nays 1

Those who voted in the affirmative are:

Derrick                Felder                 Harwell
McKay                  Sharpe                 Sturkie
Wright

Total-07

Those who voted in the negative are:
Klapman

Total-01

So, the appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. STODDARD, from the Laurens County Delegation, submitted a favorable report, on:

S. 187 -- Senator Bryan: A BILL TO PROVIDE A METHOD FOR FILLING VACANCIES ON THE BOARD OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.

Ordered for consideration tomorrow.

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

H. 3166 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

Ordered for consideration tomorrow.

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

H. 3162 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 3163 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 3017 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Ordered for consideration tomorrow.

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

H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield: A BILL TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER'S STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.

Ordered for consideration tomorrow.

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

H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

Ordered for consideration tomorrow.

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

H. 3128 -- Rep. McEachin: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3136 -- Reps. P. Harris, J Harris and Carnell: A BILL TO AMEND SECTION 44-52-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE FOR AN EXAMINATION OF REPORTS TO THE COURT OF FINDINGS AND FOR THE DETENTION OR RELEASE OF THE PERSON BY THE COURT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3124 -- Reps. Keyserling, Sheheen and Huff: A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, AS AMENDED, RELATING TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, SO AS TO DELETE THE REQUIREMENT THAT THE GOVERNOR OR HIS DESIGNEE SERVE AS CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE CHAIRMAN BY THE COMMITTEE'S MEMBERS AND FOR AN ANNUAL TERM OF OFFICE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3165 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES, SO AS TO ADD DATES FOR THE TERMINATION OF THE ATHLETIC TRAINERS' ADVISORY COMMITTEE, THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, AND THE COMMISSION OF HEARING AID DEALERS AND FITTERS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3207 -- Reps. D. Martin, Clyborne and White: A BILL TO AMEND SECTIONS 7-15-130, 7-15-320, AS AMENDED, AND 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE A PROCEDURE ALLOWING ABSENTEE VOTING BY A PERSON WHO IS ADMITTED TO A HOSPITAL AS AN EMERGENCY PATIENT ON THE DAY OF AN ELECTION OR ON THE DAY BEFORE THE ELECTION AND TO PROVIDE THAT AN APPLICATION MAY BE OBTAINED FROM AN EXTENSION OFFICE OF THE REGISTRATION BOARD.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3101 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3119 -- Rep. White: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, BY ADDING SECTION 40-7-19 SO AS TO PROVIDE THAT THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER THIS CHAPTER MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.

Ordered for consideration tomorrow.

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

H. 3054 -- Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3370 -- Reps. Kohn, Winstead, J. Bailey, Barber, Washington, Mappus, Rama, Hallman, Whipper, Holt, D. Martin and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF COLONEL BYRON E. LONG OF CHARLESTON WHO DIED DURING THE LEGISLATIVE INTERIM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3371 -- Reps. Davenport, Cole, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE PETE JOHN KLEITCHES OF SPARTANBURG IN SPARTANBURG COUNTY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 287 -- Senator McLeod: A CONCURRENT RESOLUTION COMMENDING MR. BEN STEWARD OF COLLETON COUNTY FOR HIS OUTSTANDING SERVICE ON THE COLLETON COUNTY SCHOOL BOARD AND THANKING HIM FOR HIS DEDICATION AND HIS CONTRIBUTIONS TO EXCELLENCE IN PUBLIC EDUCATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 194 -- Senators Moore and McLeod: A CONCURRENT RESOLUTION TO INVITE THE COMMISSION ON THE FUTURE OF SOUTH CAROLINA TO PRESENT ITS FINAL REPORT TO THE GENERAL ASSEMBLY IN JOINT SESSION AT TWELVE O'CLOCK NOON ON WEDNESDAY, FEBRUARY 22, 1989.

The Concurrent Resolution was ordered placed on the calendar.

INTRODUCTION OF BILLS

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

H. 3372 -- Reps. Beasley, J. Rogers, Huff, Chamblee, G. Brown, Snow, Winstead, Lockemy, Waldrop, Felder, Wells, Cole, R. Brown, Baxley, Washington and Wilkins: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.

Referred to Committee on Education and Public Works.

H. 3373 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-350 SO AS TO PROVIDE THAT MEMBERS OF SCHOOL DISTRICT BOARDS OF TRUSTEES MAY BECOME MEMBERS OF THE INSURANCE PROGRAM PROVIDED FOR TEACHERS AND EMPLOYEES OF THE DISTRICTS.

Referred to Committee on Education and Public Works.

H. 3374 Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT THE APPROVAL OR REJECTION OF STATUTES BY REFERENDUM.

Referred to Committee on Judiciary.

H. 3375 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-1355 SO AS TO PRESCRIBE WHEN A CABOOSE IS REQUIRED IN CONNECTION WITH MOVEMENTS OF TRAINS OPERATING IN THIS STATE, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3376 -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE.

Referred to Committee on Judiciary.

H. 3377 -- Reps. R. Brown, Kohn, Mappus, T.C. Alexander, Harvin, Limehouse and Ferguson: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE AUTOMOBILE INSURANCE PREMIUM REDUCTION ACT OF 1989.

Referred to Committee on Labor, Commerce and Industry.

H. 3378 -- Rep. Hayes: A BILL TO AMEND SECTION 23-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE OF CERTAIN PUBLIC RECORDS IN SEPARATE BOOKS BY THE SHERIFF, SO AS TO AUTHORIZE THE SHERIFF TO MAINTAIN THESE RECORDS IN A COMPUTER SYSTEM OR TRANSFER THEM TO A MICROFILM SYSTEM INSTEAD OF BEING KEPT IN SEPARATE BOOKS.

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

H. 3379 -- Reps. Limehouse and Wofford: A BILL TO AMEND SECTION 22-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CRIMINAL JURISDICTION, SO AS TO INCREASE THE JURISDICTION TO INCLUDE OFFENSES SUBJECT TO A FINE OR FORFEITURE NOT EXCEEDING ONE THOUSAND INSTEAD OF TWO HUNDRED DOLLARS AND SUBJECT TO IMPRISONMENT NOT EXCEEDING FORTY-FIVE INSTEAD OF THIRTY DAYS AND SECTION 44-53-370, AS AMENDED, RELATING TO THE PENALTIES FOR CERTAIN DRUG OFFENSES, SECTION 56-5-2940, AS AMENDED, RELATING TO THE PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND SECTION 56-5-2945, AS AMENDED, RELATING TO THE PENALTIES FOR INJURING OR KILLING A PERSON WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE FOR FIVE HUNDRED DOLLARS TO BE ADDED TO A FINE IMPOSED UNDER THOSE SECTIONS AND PROVIDE FOR THE USE OF THE ADDITIONAL FINE.

Referred to Committee on Judiciary.

H. 3380 -- Reps. Corning, Mappus, Hearn, J. Bailey, Manly and Jaskwhich: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC REGULATION, BY ADDING ARTICLE 49 SO AS TO REQUIRE AN OCCUPANT OF A MOTOR VEHICLE TO WEAR A PROPERLY FASTENED SAFETY BELT WHEN THE OCCUPANT IS AT LEAST SIX YEARS OF AGE BUT NOT YET EIGHTEEN YEARS OF AGE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3381 -- Reps. Corning, T.M. Burriss, Wright, Davenport, Quinn, J. Bailey, Littlejohn, Wilder, Faber, Lockemy, Simpson and Keegan: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO INCREASE THE MAXIMUM AMOUNT WHICH MAY BE DEDUCTED ANNUALLY BY FEDERAL CIVIL SERVICE AND UNITED STATES UNIFORMED SERVICES RETIREES, OR THEIR SURVIVING SPOUSES FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS AND TO PROVIDE THAT UPON REACHING SIXTY-FIVE YEARS OF AGE A RETIREE OF A QUALIFIED PENSION PROGRAM OR SURVIVING SPOUSE MAY DEDUCT ALL INCOME FROM THE QUALIFIED PENSION PROGRAM.

Referred to Committee on Ways and Means.

H. 3382 -- Reps. McBride and Faber: A BILL TO AMEND SECTION 44-53-445, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN ONE-HALF MILE OF ANY ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL, SO AS TO INCREASE THE MAXIMUM FINE OF TEN THOUSAND DOLLARS TO A MINIMUM FINE OF TEN THOUSAND DOLLARS FOR VIOLATION AND CHANGE THE IMPRISONMENT TERM FROM TEN TO FIFTEEN YEARS TO A LIFE TERM.

Referred to Committee on Judiciary.

H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.

Referred to Committee on Judiciary.

H. 3385 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATION, OOLENOY RIVER, PICKENS COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3386 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATER, FISHING CREEK, EDISTO ISLAND, CHARLESTON COUNTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 989, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3387 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.

Without reference.

H. 3389 -- Rep. Blackwell: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC FINANCE, BY ADDING CHAPTER 36 SO AS TO AUTHORIZE THE STATE TO ISSUE CAPITAL APPRECIATION BONDS, THE PROCEEDS OF WHICH MAY BE USED BY THE PURCHASER, FOR HIGHER EDUCATION AND OTHER NEEDS.

Referred to Committee on Ways and Means.

H. 3390 -- Rep. Blackwell: A BILL TO AMEND SECTION 56-1-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SPECIAL DRIVER'S LICENSE ENDORSEMENT FOR A DESIGNATED DRIVER FOR FIRE EXTINGUISHMENT AND TO SAFETY OFFICERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO A PAID OR VOLUNTEER FIREFIGHTER AND A FIREFIGHTING VEHICLE, PROVIDE FOR THE PURPOSE OF THE ENDORSEMENT, AND PROVIDE FOR THE APPOINTMENT OF A SAFETY OFFICER BY A POLITICAL SUBDIVISION AND AN UNINCORPORATED COMMUNITY OPERATING A FIRE DEPARTMENT.

Referred to Committee on Education and Public Works.

H. 3391 -- Reps. Waldrop, Felder, G. Bailey, McEachin, Lockemy, Gentry, Davenport, Littlejohn, Baxley, Bruce, Lanford, Moss, J. Rogers, Elliott, Townsend, Snow, Tucker, Wilder, Kay, Wofford, Barfield and Keegan: A BILL TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF FARM TRUCKS, SO AS TO PROVIDE THAT USING THE TRUCK FOR USES INCIDENTAL TO THE USE OF THE TRUCK FOR FARM PURPOSES IS NOT UNLAWFUL.

Referred to Committee on Education and Public Works.

H. 3392 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO ANNUAL LICENSE RENEWAL FEE AND DISPLAY OF ANNUAL RENEWAL CERTIFICATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3393 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SCREENING FOR INBORN METABOLIC ERRORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3394 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3395 -- Rep. Fair: A BILL TO MAKE IT UNLAWFUL TO FAIL TO INFORM A WOMAN SEEKING AN ABORTION OF THE AVAILABILITY OF ANESTHETICS OR ANALGESICS THAT WILL ELIMINATE OR ALLEVIATE PAIN TO THE FETUS CAUSED BY THE METHOD OF ABORTION, TO DEFINE TERMS, TO PROVIDE A PENALTY FOR VIOLATIONS, AND TO PROVIDE EXCEPTIONS.

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

H. 3396 -- Reps. Fant and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO PROVIDE FOR NONPARTISAN ELECTIONS FOR COUNTY AUDITOR, TREASURER, CLERK OF COURT, AND THE REGISTER OF MESNE CONVEYANCES; AND TO REPEAL SECTION 12-39-10 RELATING TO THE APPOINTMENT AND TERM OF THE COUNTY AUDITOR AND SECTION 12-45-10 RELATING TO THE APPOINTMENT, OATH, AND BOND OF THE COUNTY TREASURER.

Referred to Committee on Judiciary.

H. 3397 -- Reps. Kay, McAbee, Chamblee, Cooper, P. Harris, Townsend and Carnell: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARKING OF NONGAME FISHING DEVICES, SO AS TO EXEMPT TRAPS USED IN LAKE RICHARD B. RUSSELL AND REQUIREMENTS.

Referred to Committee on Agriculture and Natural Resources.

H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Labor, Commerce and Industry.

H. 3399 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

Referred to Committee on Ways and Means.

H. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3401 -- Reps. Cork, T.M. Burriss, Derrick and Taylor: A BILL TO AMEND SECTIONS 37-2-405 AND 37-3-402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE CONSUMER TO REFINANCE BALLOON PAYMENTS DUE PURSUANT TO CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO EXEMPT FROM THE REQUIREMENTS OF THE SECTIONS ALL CREDIT TRANSACTIONS AND ALL CONSUMER LOANS RATHER THAN ONLY THOSE IN WHICH THE PRIMARY SECURITY IS A REAL ESTATE LIEN IF THE FORMULA FOR DETERMINING CHARGES OR CHANGES IN PAYMENTS UPON RENEGOTIATION IS INCLUDED IN THE AGREEMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3402 -- Reps. Faber and McBride: A BILL TO REQUIRE CANDIDATES FOR THE POSITION OF LAW ENFORCEMENT OFFICER TO UNDERGO PSYCHOLOGICAL SCREENING IN THE USE OF DEADLY FORCE AND FIREARMS, AS PART OF BASIC TRAINING, BEFORE BEING COMMISSIONED OR EMPLOYED AS A LAW ENFORCEMENT OFFICER; TO REQUIRE THE PSYCHOLOGICAL SCREENING TO BE ADMINISTERED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO PROVIDE FOR THE PROMULGATION OF REGULATIONS.

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

H. 3403 -- Rep. Kay: A BILL TO AMEND SECTION 7-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE DESIGNATION OF THE POLLING PLACE FOR KEOWEE PRECINCT, AND TO ESTABLISH THE POLLING PLACES FOR ALL OF THE VOTING PRECINCTS IN THE COUNTY, INCLUDING KEOWEE.

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

H. 3404 -- Reps. Fair and Tucker: A BILL TO AMEND SECTION 59-117-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO INCREASE FROM FIVE TO SIX THE MEMBERS OF THE EXECUTIVE COMMITTEE APPOINTED BY THE BOARD.

Referred to Committee on Education and Public Works.

H. 3407 -- Reps. T.M. Burriss, Tucker, Elliott, L. Martin, Keegan, Barfield, Fair, Altman and Hayes: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3409 -- Reps. Tucker and McAbee: A BILL TO AMEND SECTION 16-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OR DELIVERY OF PISTOLS TO, AMONG OTHERS, PERSONS CONVICTED OF A VIOLENT CRIME, SO AS TO EXTEND THE PROHIBITION TO A PERSON CONVICTED OF ANY OFFENSE PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR.

Referred to Committee on Judiciary.

S. 130 -- Senators Bryan, Peeler and Hayes: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

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

S. 259 -- Judiciary Committee: A BILL TO AMEND SECTIONS 7-15-130, 7-15-320, AS AMENDED, AND 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE A PROCEDURE ALLOWING ABSENTEE VOTING BY A PERSON WHO IS ADMITTED TO A HOSPITAL AS AN EMERGENCY PATIENT ON THE DAY OF AN ELECTION OR ON THE DAY BEFORE THE ELECTION AND TO PROVIDE THAT AN APPLICATION MAY BE OBTAINED FROM AN EXTENSION OFFICE OF THE REGISTRATION BOARD.

Referred to Committee on Judiciary.

S. 269 -- Judiciary Committee: A BILL TO AMEND SECTION 15-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF NOTICE OF LIS PENDENS, SO AS TO PROVIDE THAT A NOTICE OF LIS PENDENS MAY BE CANCELLED WITHOUT A COURT ORDER BY THE PERSON WHO FILED THE ACTION.

Referred to Committee on Judiciary.

S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

Referred to Committee on Judiciary.

S. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3405 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION SALUTING CLEMSON UNIVERSITY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY, AND COMMENDING THIS EXEMPLARY INSTITUTION OF HIGHER LEARNING FOR ITS COMMITMENT TO EXCELLENCE IN EDUCATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3406 -- Reps. Foster, R. Hayes, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. JOE GENTRY, ROCK HILL SCHOOL SUPERINTENDENT, UPON BEING NAMED ONE OF NORTH AMERICA'S TOP ONE HUNDRED SCHOOL ADMINISTRATORS THIS YEAR BY THE EXECUTIVE EDUCATOR, AN EDUCATORS' JOURNAL.

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

CONCURRENT RESOLUTION

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

H. 3408 -- Reps. T.M. Burriss, Corning, Baker, H. Brown, Bruce, M.D. Burriss, Clyborne, Cole, Corbett, Cork, Davenport, Derrick, Fair, Hallman, Haskins, Hearn, Jaskwhich, J.C. Johnson, Keegan, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Mappus, McCain, Quinn, Rama, Sharpe, Simpson, Sturkie, Vaughn, Wells, Wilkins, Winstead and Wofford: A CONCURRENT RESOLUTION EXPRESSING CONGRATULATIONS OF THE MEMBERS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO SOUTH CAROLINA NATIVE LEE ATWATER ON HIS ELECTION AS CHAIRMAN OF THE REPUBLICAN NATIONAL COMMITTEE.

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

SILENT PRAYER

On motion of Rep. T. ROGERS, with unanimous consent, the House stood in silent prayer for the health, care and improvement of Mrs. Arlene Klapman, wife of Rep. J. KLAPMAN and Mr. J.C. Sharpe, father of Rep. C. SHARPE.

MOTION ADOPTED

Rep. T. ROGERS moved that when the House adjourns it adjourn out of respect for the families of Rep. JARVIS KLAPMAN and Rep. CHARLES SHARPE, which was agreed to.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Bennett                Blackwell
Blanding               Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Foster                 Gentry
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hayes                  Hearn                  Hendricks
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 1, 1989.

James Hodges                      William D. Boan
Joseph McElveen                   David Beasley
Total Present--121

STATEMENT OF ATTENDANCE

Rep. ALEX HARVIN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, January 26, 1989.

Rep. P. SHORT signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, January 31, 1989.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

H. 3367 -- Reps. G. Bailey, Wofford, Kohn and Limehouse: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS AND PROVIDE FOR THE NOMINATION OF CANDIDATES TO THE BOARD BY PETITION INSTEAD OF STATEMENT OF CANDIDACY.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

S. 207 -- Senator Waddell: A BILL TO AMEND SECTION 41-44-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PALMETTO SEED CAPITAL CORPORATION AND THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO REVISE THE DEFINITION OF A "START-UP BUSINESS", AND SECTION 41-44-60, RELATING TO THE PALMETTO SEED CAPITAL CORPORATION AND PARTNERSHIP, SO AS TO FURTHER PROVIDE FOR THE GENERAL NATURE OF THE BUSINESS OF THE CORPORATION AND TO REVISE THE PURPOSE FOR WHICH MONIES RAISED BY THE PARTNERSHIP MAY BE USED.

H. 3367-ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3367 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 3 -- Senators Saleeby, Holland, Land, Martin, McLeod, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Setzler, Shealy, H.C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.

S. 220 -- Finance Committee: A BILL TO RATIFY AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL FUND RESERVE, SO AS TO CHANGE THE NAME OF THE GENERAL FUND RESERVE TO THE GENERAL RESERVE FUND, REDUCE FROM FOUR TO THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR THE AMOUNT REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING A SPECIAL VOTE TO ADJUST THE PERCENTAGE REQUIRED IN THE FUND, DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO REVIEW THE LAW ON THIS SUBJECT EVERY FIVE YEARS, PROVIDE A MECHANISM FOR RESTORING THE FUND SHOULD MONIES FROM THE FUND BE EXPENDED, REQUIRE A CAPITAL RESERVE FUND EQUAL TO TWO PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, AND PROVIDE THAT BEFORE MARCH FIRST THE CAPITAL RESERVE FUND MUST BE USED TO OFFSET MID-YEAR BUDGET REDUCTIONS BEFORE MANDATING CUTS IN OPERATING APPROPRIATIONS AND AFTER MARCH FIRST MONIES FROM THE FUND MAY BE APPROPRIATED BY A SPECIAL VOTE IN SEPARATE LEGISLATION BY THE GENERAL ASSEMBLY TO FINANCE IN CASH PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS, RETIRE BOND PRINCIPAL OR INTEREST ON BONDS PREVIOUSLY ISSUED, AND FOR CAPITAL IMPROVEMENTS OR OTHER NONRECURRING PURPOSES WHICH MUST BE RANKED IN ORDER OF PRIORITY OF EXPENDITURE AND NOT BE FUNDED UNTIL THIRTY DAYS AFTER COMPLETION OF THE FISCAL YEAR AND PROVIDE THAT ANY APPROPRIATIONS OF MONIES FROM THE CAPITAL RESERVE FUND AFTER MARCH FIRST MUST BE REDUCED BASED ON THE RANK OF PRIORITY BEGINNING WITH THE LOWEST PRIORITY TO THE EXTENT NECESSARY AND APPLIED TO THE YEAR-END DEFICITS BEFORE WITHDRAWING MONIES FROM THE GENERAL RESERVE FUND AND TO PROVIDE THAT MONIES IN THE CAPITAL RESERVE FUND NOT APPROPRIATED OR ANY APPROPRIATION FOR A PARTICULAR PROJECT OR ITEM WHICH HAS BEEN REDUCED DUE TO APPLICATION OF THE MONIES TO YEAR-END DEFICIT MUST LAPSE AND BE CREDITED TO THE GENERAL FUND.

SENT TO THE SENATE

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

H. 3328 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 978, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1950 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 185 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; AND TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER, AND FURTHER PROVIDE FOR THE DISCLOSURE OF INDICTMENT RETURNS.

H. 3052-AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.

Ways and Means Committee proposed the following Amendment No. 1 (DOC. NO. 1281U), which was adopted.

Amend the bill, as and if amended, in Section 12-21-3460, as contained in SECTION 1, page 11, line 37, by striking /type/ and inserting /class/ 80 that when amended Section 12-21-3460 shall read:

/Section 12-21-3460. No person or organization may hold more than one class of bingo license and shall operate under that license for one year./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 1364U), which was adopted.

Amend the bill, as and if amended, in Section 12-21-3360 of the 1976 Code, as contained in SECTION 1, page 6, line 33, by inserting after /promoter/ /and is not subject to the promoter's license fee required under the provisions of Section 12-21-3350(D)/.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 3 (Doc. No. 1368U), which was adopted.

Amend the bill, as and if amended, in Section 12-21-3440(A) of the 1976 Code, as contained in SECTION 1, as follows: page 10, line 12, by inserting after /dollars./ /The holder of a Class AA license may not conduct more than one bingo session a month./ page 10, line 18, by inserting after /dollars./ /The holder of a Class A license may not conduct more than one bingo session a month./ page 10, line 23, by inserting after /year./ /The holder of a Class B license may not conduct more than three bingo sessions a week./ page 11, line 9, by inserting after /license./ /The holder of a Class E license may not conduct more than one bingo session a week./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH explained the Bill and moved to adjourn debate upon the Bill until Tuesday, February 7, which was adopted.

MOTION PERIOD

Rep. TOWNSEND moved to recall H. 3125 from the Anderson Delegation, which was agreed to.

Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.

Rep. BLACKWELL moved that the House do now adjourn, which was rejected by a division vote of 49 to 52.

H. 3262-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3262 -- Judiciary Committee: A BILL TO AMEND SECTION 4-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.

Rep. TAYLOR moved to table the Bill.

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

Yeas 27; Nays 69

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Blackwell
Blanding               Brown, G.              Brown, J.
Faber                  Fant                   Foster
Glover                 Gordon                 Holt
Kirsh                  Kohn                   Manly
Mappus                 Mattos                 McBride
Neilson                Rama                   Taylor
Vaughn                 Washington             Whipper
White                  Wilkes                 Winstead

Total-27

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Baker                  Barber                 Baxley
Boan                   Brown, H.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Fair
Farr                   Felder                 Gentry
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Lanford                Limehouse
Littlejohn             Lockemy                Martin, D.
Martin, L.             McAbee                 McCain
McEachin               McElveen               McKay
McTeer                 Moss                   Nesbitt
Phillips               Quinn                  Rhoad
Rudnick                Sharpe                 Sheheen
Simpson                Sturkie                Townsend
Tucker                 Waites                 Wilder
Wilkins                Wofford                Wright

Total-69

So, the House refused to table the Bill.

Rep. FANT proposed the following Amendment No. 1 (Doc. No. 1247U):

Amend the bill, as and if amended, in subsection (f) of Section 4-9-10 of the 1976 Code, as contained in SECTION 1, page 1, by inserting immediately after line 42:

/The provisions of subsection (f) are not applicable to those counties with a minority population of twenty percent or less as determined by the latest United States Census./

Amend title to conform.

Rep. FANT explained the amendment.

Rep. WILKINS spoke against the amendment.

Rep. WASHINGTON spoke in favor of the amendment.

Rep. WILKINS spoke against the amendment.

Reps. FANT and GORDON spoke in favor of the amendment.

Rep. HARWELL was recognized.

Rep. WASHINGTON moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 55; Nays 53

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Barber
Bennett                Blackwell              Blanding
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, T.M.          Carnell
Chamblee               Cooper                 Davenport
Faber                  Fant                   Foster
Glover                 Gordon                 Hallman
Harris, P.             Harvin                 Harwell
Hendricks              Holt                   Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Limehouse              Martin, D.
Mattos                 McAbee                 McBride
McLeod                 McTeer                 Neilson
Nesbitt                Phillips               Rhoad
Rogers, J.             Rogers, T.             Short
Snow                   Taylor                 Townsend
Tucker                 Waites                 Washington
Whipper                White                  Wilkes
Williams, D.

Total-55

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Barfield               Baxley
Boan                   Bruce                  Burch
Burriss, M.D.          Clyborne               Cole
Corbett                Cork                   Corning
Derrick                Elliott                Fair
Felder                 Gentry                 Harris, J.
Haskins                Hayes                  Hearn
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Koon                   Lanford                Littlejohn
Mappus                 Martin, L.             McCain
McEachin               McGinnis               McLellan
Moss                   Nettles                Quinn
Rama                   Rudnick                Sheheen
Simpson                Stoddard               Wells
Wilder                 Wilkins                Winstead
Wofford                Wright

Total-53

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1 Rep. HARWELL having being recognized.

ADJOURNMENT

At 3:35 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned out of respect for the families of Rep. JARVIS KLAPMAN and Rep. CHARLES SHARPE to meet at 10:00 A.M. tomorrow.


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