Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God, our Father, we come into Your presence with thankful hearts in the knowledge that in You "we live, move and have our very beings". Help us to continue throughout this day with high hopes, fruitful faith and glorious goals that we might move forward and upward for the welfare of our South Carolina and its citizens. Keep strong our trust in God that when differences come, we shall be understanding; when difficulties burst upon us, we shall not falter; when hard decisions descend upon us, we shall not allow ourselves to give way to frustration or give up in despair. Enable us heed the words of the Psalmist: "I will say to the Lord, He is my Refuge and my Fortress: my God, in Him will I trust" (Psalm 91:2).

Amen.

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

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

The following were received.

February 27, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1004)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 27, 1989 regulations concerning 117-115 - Property Tax Ratio Study from the South Carolina Tax Commission.

They are hereby referred to the Committee on Ways and Means for consideration.

Sincerely,
Robert J. Sheheen

February 27, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 1022)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 27, 1989 regulations concerning 117-117 - Property Tax - Maps from the South Carolina Tax Commission.

They are hereby referred to the Committee on Ways and Means for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was taken up for immediate consideration and accepted.

February 14, 1989

South Carolina Federation of Business and Professional Women's Club, Inc. cordially invites the members of the General Assembly to its annual Legislative Breakfast at The Radisson Hotel, Wednesday, March 8, 1989 at 8:00 A.M., Assembly and College Streets, Columbia, S.C.

This occasion provides the members of BPW/SC with an opportunity to honor and thank our Legislators and to learn more about issues that are of importance to all of us.

We hope each of you will be able to join us for this opportunity to share and plan for the future of women in South Carolina.

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

S. 303 -- Agriculture and Natural Resources Committee: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.

Ordered for consideration tomorrow.

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

S. 305 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO PROVIDE THAT AN ASSESSMENT FOR ERADICATION FUNDS MUST BE IMPOSED ON COMMERCIAL COTTON GROWERS INSTEAD OF ON COMMERCIAL APPLICATORS.

Ordered for consideration tomorrow.

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

H. 3353 -- Reps. R. Brown, J. Rogers, McEachin, Beasley, Lockemy, Harwell, Davenport, M.O. Alexander, Glover, Manly, Farr, Cole, Littlejohn, Jaskwhich, Waldrop, G. Bailey and Keegan: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE SOUTH CAROLINA SCENIC RIVERS ACT OF 1989; AND TO REPEAL CHAPTER 5, TITLE 51 OF THE 1976 CODE RELATING TO SCENIC RIVERS.

Ordered for consideration tomorrow.

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

H. 3015 -- Reps. Sturkie and Corning: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 93 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

S. 319 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" IN SOUTH CAROLINA.

Whereas, the contributions women have made to our state, nation, and world over the centuries is immeasurable; and

Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize these contributions and achievements, are desirous of declaring the month of March as "Women's History Month" in South Carolina. Now, therefore,

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

That the General Assembly declares the month of March as "Women's History Month" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Commission on Women.

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

The Senate sent to the House the following:

S. 448 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF RAMON C. BAYNHAM OF AIKEN COUNTY WHO DIED THURSDAY, FEBRUARY 16, 1989.

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

The Senate sent to the House the following:

S. 449 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF HAROLD DUBOSE OF AIKEN COUNTY WHO DIED FRIDAY, FEBRUARY 17, 1989.

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

The Senate sent to the House the following:

S. 451 -- Senator Long: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM W. DOAR, JR., OF GEORGETOWN COUNTY, FOR DISTINGUISHED LEGISLATIVE SERVICE AND WISHING HIM HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

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

H. 3592 -- Reps. M.D. Burriss, Rama and P. Harris: A BILL TO ENACT THE "ZERO TOLERANCE STUDENT DRUG ABUSE ACT OF 1989" BY ADDING SECTION 59-101-195 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT STUDENTS RECEIVING SCHOLARSHIPS OR OTHER FINANCIAL AID FROM THIS STATE SHALL FORFEIT THIS SCHOLARSHIP OR AID IF THEY ARE CONVICTED OF VIOLATIONS OF LAW PERTAINING TO THE UNLAWFUL USE OR POSSESSION OF DRUGS OR CONTROLLED SUBSTANCES OR IF THEY TEST POSITIVE ON A DRUG TEST WHETHER OR NOT PROSECUTION RESULTS FROM THE TEST.

Referred to Committee on Education and Public Works.

H. 3593 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO PROVIDE AN INCREASE IN THE BASE RETIREMENT BENEFIT FOR RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRED BEFORE JULY 1, 1972, AND TO PROVIDE THE FORMULA FOR THE INCREASE.

Referred to Committee on Ways and Means.

H. 3594 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MOBILE AND MODULAR HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF MOBILE HOME PARK OWNERS AND MOBILE HOME OWNERS, REGULATIONS, TERMINATION OF A TENANCY, AND GROUNDS FOR EVICTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3595 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-73-170 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF CERTAIN SCHOOL DISTRICTS TO LEVY AN IMPACT TAX AGAINST PREVIOUSLY UNTAXED MOBILE OR MANUFACTURED HOMES, AND TO PROVIDE THAT THE IMPACT TAX COLLECTED MUST BE USED FOR BUILDING PURPOSES OF THE DISTRICT.

Referred to Committee on Ways and Means.

H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 3597 -- Reps. J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-214 SO AS TO REQUIRE WRITTEN NOTICE DETAILING THE ALLEGATIONS MADE TO A RESPONDENT OR POTENTIAL RESPONDENT AT EVERY STAGE OF A DISCIPLINARY MATTER BEFORE THE STATE BOARD OF MEDICAL EXAMINERS; AND TO AMEND SECTION 40-47-212, RELATING TO THE PRIVILEGED NATURE OF COMMUNICATIONS TO THE STATE BOARD OF MEDICAL EXAMINERS IN DISCIPLINARY MATTERS, SO AS TO PROVIDE THAT A RESPONDENT OR POTENTIAL RESPONDENT, AT HIS REQUEST, MUST BE PROVIDED THE NAME OF THE PERSON WHO FILED THE INITIAL COMPLAINT AGAINST HIM.

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

H. 3598 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.

Without reference.

H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.

Referred to Committee on Judiciary.

H. 3604 -- Reps. Carnell, Phillips, McKay, Sheheen, McLellan, McAbee, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, R. Brown, Burch, Chamblee, Cooper, Corbett, Cork, Elliott, Faber, Farr, Felder, Ferguson, Foster, Gentry, Gordon, Gregory, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Koon, Lockemy, L. Martin, Mattos, McBride, McCain, McGinnis, McLeod, McTeer, Moss, Neilson, Nesbitt, Rhoad, J. Rogers, Rudnick, Sharpe, Short, Simpson, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waldrop, Washington, Wells, White, Wilder, Wilkes, D. Williams, J. Williams, Wofford, Wilkins, Keyserling and Bruce A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-5-89 SO AS TO ESTABLISH A RURAL AIRPORT EMERGENCY/ECONOMIC DEVELOPMENT FUND TO BE USED TO AID AN AIRPORT OR LANDING STRIP USED BY THE PUBLIC WHICH REQUIRES EMERGENCY CONSTRUCTION AND PROVIDE FOR AUTHORIZATION OF THE USE OF THE FUND, REQUIREMENTS OF THE AERONAUTICS COMMISSION, BUDGET AND CONTROL BOARD, AND JOINT BOND REVIEW COMMITTEE, AND APPROPRIATIONS TO THE FUND.

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

H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.

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

H. 3606 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX YEAR FOR MOTOR VEHICLES, SO AS TO DELETE PROVISIONS WHICH AUTHORIZE OWNERS OF MOTOR VEHICLES REGISTERED UNDER THE INTERNATIONAL RECIPROCITY PLAN TO PAY AD VALOREM PROPERTY TAXES ON A SEMIANNUAL BASIS AND PROVISIONS REGARDING THE APPLICABILITY OF THIS SECTION TO SALES OF MOTOR VEHICLES BY A LICENSED MOTOR VEHICLE DEALER THAT DO NOT INVOLVE THE TRANSFER OF A LICENSE PLAT, TO REDUCE FROM ONE HUNDRED TWENTY TO FORTY-FIVE DAYS THE TIME AFTER THE PURCHASE OF A MOTOR VEHICLE THAT THE TAXES ON THE VEHICLE ARE DUE, TO DELETE PROVISIONS DEALING WITH THE APPLICABILITY OF THE NOTICE AND TIME REQUIREMENTS, TO PROVIDE FOR THE ISSUANCE OF PAPER TAGS UNDER CERTAIN CIRCUMSTANCES BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR CERTAIN MOTOR VEHICLES WHEN THE LICENSE FOR THE VEHICLE IS ISSUED UNDER SECTION 56-3-375, AND TO FURTHER CLARIFY THE PROVISIONS OF THIS SECTION.

Referred to Committee on Ways and Means.

H. 3607 -- Rep. McLeod: A BILL TO AMEND SECTION 40-39-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTEREST RATE ON LOANS WHICH PAWNBROKERS ARE ALLOWED TO CHARGE AND THE MAXIMUM LOANS WHICH PAWNBROKERS MAY MAKE SO AS TO REDUCE THE MAXIMUM INTEREST RATE THEY MAY CHARGE, REDUCE THE MAXIMUM AMOUNT OF THE LOAN WHICH THEY MAY MAKE, AND REVISE THE CONTENTS OF THE NOTICE THEY ARE REQUIRED TO POST IN THEIR PLACE OF BUSINESS CONCERNING THEIR INTEREST RATE ON LOANS.

Referred to Committee on Labor, Commerce and Industry.

H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.

Referred to Committee on Ways and Means.

H. 3610 -- Reps. Cole, Lanford, Corbett, Davenport, Baxley, Ferguson, McCain, Bruce, Burch, McGinnis, Wells and Hodges: A BILL TO AMEND SECTION 14-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES OF MASTERS-IN-EQUITY, SO AS TO CHANGE THE TIME WHEN THE FEES MUST BE PAID AND TO PROVIDE THAT FEES MAY NOT BE CHARGED FOR HEARINGS UNLESS THEY ARE HELD.

Referred to Committee on Judiciary.

H. 3611 -- Reps. Cole, Lanford, Davenport, Ferguson, Bruce, McCain, Corbett, Burch, Hodges, McGinnis, and Wells: A BILL TO AMEND SECTION 15-35-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEN-YEAR LIEN ON REAL ESTATE CREATED BY A JUDGMENT, SO AS TO EXTEND THE PERIOD OF THE LIEN TO TWENTY YEARS.

Referred to Committee on Judiciary.

H. 3612 -- Rep. M.D. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-35 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO PRESERVE AND PROTECT ABANDONED CEMETERIES.

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

H. 3616 -- Reps. Kay and Townsend: A BILL TO AMEND SECTION 27-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EJECTMENT OF TENANTS, SO AS TO PROVIDE FOR THE REMOVAL AND STORAGE OF MOBILE HOMES AND SIMILAR PROPERTY AND TO PROVIDE FOR RESPONSIBILITY FOR PAYMENT OF THE COSTS.

Referred to Committee on Labor, Commerce and Industry.

S. 64 -- Senator Land: A BILL TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO INCLUDE THE COUNTY OF SUMTER AS ONE OF THE COUNTIES IN WHICH THE PUBLIC SERVICE AUTHORITY MAY ACQUIRE OR PURCHASE OR CONSTRUCT, OPERATE, AND MAINTAIN STRUCTURES AND FACILITIES IN THE TREATMENT AND DISTRIBUTION OF WATER FOR INDUSTRIAL, COMMERCIAL, OR AGRICULTURAL PURPOSES AND ACQUIRE, TREAT, TRANSMIT, DISTRIBUTE, AND SELL WATER AT WHOLESALE.

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

S. 102 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN TWENTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL ASSAULT CASES.

Referred to Committee on Judiciary.

S. 284 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3-785, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSING OF A SEMITRAILER, SO AS TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR THE LICENSING AND TO PROVIDE FOR THE PAYMENT OF THE FEE AND FOR REPORTS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

S. 388 -- Senators Shealy, Setzler and Wilson: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.

Referred to Committee on Judiciary.

S. 401 -- Senators Russell, Lee and Horace C. Smith: A BILL APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.

Referred to Spartanburg Delegation.

S. 410 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.

Referred to Committee on Labor, Commerce and Industry.

S. 416 -- Finance Committee: A JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO TRANSFER AN AMOUNT NOT TO EXCEED SIX MILLION DOLLARS FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.

Referred to Committee on Ways and Means.

S. 417 -- Finance Committee: A BILL TO AMEND SECTION 11-15-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTEREST RATE ON REFUNDING BONDS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE REFUNDING BONDS TO BEAR RATES OF INTEREST LOWER THAN THOSE BORNE BY THE REFUNDED BONDS AND REQUIRE THAT PRIOR TO THE ISSUANCE OF ANY REFUNDING BONDS, THE GOVERNING BODY SHALL DETERMINE THAT A SAVINGS CAN BE EFFECTED THROUGH THE ISSUANCE OF THESE BONDS.

Referred to Committee on Ways and Means.

S. 434 -- Senators Setzler and Waddell: A JOINT RESOLUTION TO PROVIDE THAT THE ESTATE, HEIRS, OR BENEFICIARIES OF CLASSIFIED STATE EMPLOYEES WHO WERE EMPLOYED ON JUNE 1, 1988, AND WHO DIED AFTER JUNE 1, 1988, BUT BEFORE DECEMBER 1, 1988, ARE ENTITLED TO THE THREE HUNDRED SIXTY-FIVE DOLLAR LUMP SUM PAYMENT AUTHORIZED IN THE 1988-89 GENERAL APPROPRIATIONS BILL, AND TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE PAYMENTS MUST BE MADE.

Referred to Committee on Ways and Means.

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

H. 3608 -- Reps. McCain, K. Bailey, Bennett and Felder: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 29, 1989, AS SOUTH CAROLINA STATE COLLEGE DAY.

Whereas, South Carolina State College, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and

Whereas, South Carolina State College is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and

Whereas, South Carolina State College is the only public institution in South Carolina offering the Ed. D. Degree; and

Whereas, South Carolina State College is currently involved in more than four million dollars in research; and

Whereas, South Carolina State College is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and

Whereas, South Carolina State College's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and

Whereas, South Carolina State College's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and

Whereas, South Carolina State College's nationally accredited School of Engineering Technology is the only one in South Carolina; and

Whereas, South Carolina State College's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and

Whereas, South Carolina State College's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having a Brigadier General, a Lieutenant General, and a Major General on active duty and a Brigadier General retired; and

Whereas, South Carolina State College's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and

Whereas, South Carolina State College has more than twenty thousand alumni of record; and

Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,

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

That Wednesday, March 29, 1989, is declared South Carolina State College Day.

Be it further resolved that a copy of this resolution be forwarded to the President of South Carolina State College and the Chairman of the Orangeburg Legislative Delegation.

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

The following was introduced:

H. 3613 -- Rep. Wright: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE TOWN OF CHAPIN IN LEXINGTON COUNTY ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.

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

The following was introduced:

H. 3614 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. J.B. JOHNSON UPON BEING NAMED THE 1988 BUILDER OF THE YEAR BY THE HOME BUILDERS ASSOCIATION OF GREATER SPARTANBURG.

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

The following was introduced:

H. 3615 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE HOME BUILDERS ASSOCIATION OF GREATER SPARTANBURG FOR ITS MANY YEARS OF DISTINGUISHED PARTICIPATION IN THE BUILDING INDUSTRY AND FOR ITS CONTRIBUTIONS TO THE INDUSTRY.

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

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                 Beasley                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                   Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Kohn                   Koon
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wofford                Wright

I came in after the roll call and was present for the Session on March 2, 1989.

John Snow                         C. Lenoir Sturkie
James E. Lockemy                  John Felder
Tom Limehouse                     William Boan
Steve Lanford

Announcement was made that Dr. C.E. Coker, Jr. of Manning is the Doctor of the Day for the General Assembly.

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

H. 3562 -- Reps. Littlejohn, Wells, Cole, Ferguson, Davenport, Bruce, McGinnis and Lanford: A BILL TO AMEND ACT 857 OF 1952, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO DELETE PROVISIONS WHICH STATE WHEN OFFICERS OF THE BOARD ARE ELECTED.

H. 3563 -- Reps. Littlejohn, Davenport, Cole, Wells, McGinnis, Ferguson, Lanford and Bruce: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY BOARD OF EDUCATION TO SET SEPARATE TAX LEVIES TO FUND SCHOOL-AGE EDUCATIONAL PROGRAMS WHERE MULTI-DISTRICT AGREEMENTS ARE APPROVED BY LOCAL SCHOOL DISTRICTS.

H. 3535 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. M.O. ALEXANDER explained the Joint Resolution.

H. 3536 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3555 -- Rep. Lockemy: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ARCHIE SINCLAIR, INC., IN DILLON COUNTY.

H. 3160 -- Reps. Gregory, Fair and Short: A BILL TO AMEND SECTION 56-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICES BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A NOTICE CONCERNING A PERSON'S DRIVER'S LICENSE MUST BE MAILED TO THE PERSON'S ADDRESS CONTAINED IN THE DRIVER'S LICENSE RECORDS OF THE DEPARTMENT.

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.

H. 3571 -- Rep. Keyserling: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COFFIN POINT PLANTATION HOMEOWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.

H. 3472 -- Judiciary Committee: A BILL TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-590, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.

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

H. 3501 -- Rep. Davenport: A BILL APPROVING THE DISSOLUTION OF THE UNA WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN SPARTANBURG COUNTY, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S WATER DISTRIBUTION SYSTEM AND ALL RELATED ASSETS TO THE COMMISSIONERS OF PUBLIC WORKS OF THE CITY OF SPARTANBURG AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S SEWERAGE COLLECTION SYSTEM AND ALL RELATED ASSETS TO THE SPARTANBURG SANITARY SEWER DISTRICT, AND CONFIRMING THE TRANSFER AND CONVEYANCE OF THE UNA WATER DISTRICT'S FIRE PROTECTION ASSETS TO THE UNA COMMUNITY VOLUNTEER FIRE DEPARTMENT CORPORATION, AN ELEEMOSYNARY CORPORATION CREATED FOR THE PURPOSE OF PROVIDING FIRE PROTECTION SERVICES IN THE AREA WHICH COMPRISES THE UNA WATER DISTRICT; AND TO REPEAL ACT 582 OF 1955 RELATING TO THE UNA WATER DISTRICT.

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.

S. 335 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

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

S. 382 -- Medical Affairs 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.

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 7, which was adopted.

H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

The following Bill was taken up.

H. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO REVISE CERTAIN MEMBERSHIP OF THE COUNCIL; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1984U).

Amend the bill, as and if amended, page 2, subsection (B) of Section 23-23-10, by inserting immediately before /may/ on line 15 of the subsection /, unless specifically stated,/. When amended subsection (B) shall read:

/(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and such these minimum standards shall in no way may be deemed considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein shall may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council Council, hereinafter created, nor shall, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of the this State of South Carolina./

Amend further, page 4, by deleting Section 23-23-30 in its entirety.

Amend further, in Section 23-23-40, by inserting /; and provided, further, that within three working days of employment the Council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the Council must be provided to the newly hired personnel. If the firearms qualification program approved by the council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to form any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest/ immediately after /Council/ on line 10 of page 6. When amended Section 23-23-40 shall read:

/Section 23-23-40. No law enforcement officer employed or appointed on or after January 1, 1972 July 1, 1989, by any public law enforcement agency in this State shall be is empowered or authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has, within one year after his date of appointment, successfully completed the minimum basic training requirements established pursuant to this article been certified as qualified by the Council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the Council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the Council; and provided, further, that within three working day of employment the Council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the Council must be provided to the newly hired personnel. If the firearms qualification program approved by the Council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to successfully complete such basic training requirements secure certification within one year from his date of employment, he shall may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has successfully completed such basic training requirements been certified. He shall is not be eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor shall is he be eligible for any compensation by any law enforcement agency for services performed as an officer; provided, however, that after a lapse of two years following the date of the failure to achieve certification, the head of a local law enforcement agency may petition the council for reinstatement of temporary or probationary employment of such individual, such reinstatement to rest solely with the discretion of the council. The provisions of this article shall not apply to any law enforcement officer appointed prior to January 1, 1972, but the council shall encourage present law enforcement officers throughout the State to qualify themselves for certification by the council. Exceptions to the one-year rule may be granted by the council Council in these cases:

(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time, or

(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period, or

(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council./

Amend further, page 11, item (h) of Section 23-23-60, by inserting immediately after /officers/ on line 3 of the item /, this training to be completed within each of the various counties which request this training on a regional basis/. When amended, item (h) shall read:

/(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties which request this training on a regional basis./

Amend further, Section 23-23-70, page 12, by striking items (a) through (d) and inserting:

(a)     Fines or forfeitures up to and including

$200.00 $99.00     $ 6.00

(b)     Fines or forfeitures from $201.00 above $99.00 up

to but not and including $500.00 $200.00     10.00 $25.00

(c)     Fines or forfeitures from $500.00 above $200.00 up

to but not and including $1,000.00 $500.00     12.00 $50.00

(d)     Fines or forfeitures from $1,000.00 or more above

$500.00 up to and including $1,000.00     15.00 $100.00

(e)     Fines or forfeitures above $1,000.00     $200.00/;
and by striking /(d)/ on line 22 of page 12 and inserting /(d) (e)/. When amended, Section 23-23-70 shall read:

/Section 23-23-70. Every fine levied on a criminal or traffic violation in this State shall must have sums added to it which must be set apart and used for the council's Council's program of training in the fields of law enforcement and criminal justice, and every bond for violations must have added the same amounts which shall must be set apart on forfeiture for the council's Council's program of training, as follows:

(a)     Fines or forfeitures up to and including

$200.00 $99.00     $ 6.00

(b)     Fines or forfeitures from $201.00 above $99.00 up

to but not and including $500.00 $200.00     10.00 $25.00

(c)     Fines or forfeitures from $500.00 above $200.00 up

to but not and including $1,000.00 $500.00     12.00 $50.00

(d)     Fines or forfeitures from $1,000.00 or more above

$500.00 up to and including $1,000.00     15.00 $100.00

(e)     Fines or forfeitures above $1,000.00     $200.00/;

In addition to the apportioned amounts set forth in items (a) through (d) (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the South Carolina Law Enforcement Training Council which shall in turn transfer all funds so collected to the South Carolina Law Enforcement Hall of Fame Committee to defray the cost of erecting and maintaining the Hall of Fame. At any time when funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the council Council may retain the surplus for use in its law enforcement training programs.

The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.

Each and every Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making such the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out heretofore in this article, and this computed sum shall must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under such the terms and conditions as the respective bodies may agree; in such these cases, receipts and transmittals required by this article shall must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all such these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the Law Enforcement Training Council of such the receipts and deposits for fiscal and administrative purposes.

The amount the above scale provides to be set apart and used for the council's Council's program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame shall must be added to and be levied above the fine or forfeiture imposed./

Amend further, subsection (A) of Section 23-23-75, page 14, by striking beginning on the next to last line of the subsection /in Richland County/ and inserting /of the county where the public law enforcement agency is located/. When amended, Section 23-23-75(A) shall read:

/(A) Whenever the Council finds that any public law enforcement agency is in violation of any provisions of this chapter, it may issue an order requiring the public law enforcement agency to comply with the provision, it may bring a civil action for injunctive relief in the appropriate court, or it may bring civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The Council may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the Council may appeal the decision to the Court of Common Pleas of the county where the public law enforcement agency is located./

Amend further, subsection (B) of Section 23-23-75, page 14, by adding at the end of the subsection: /When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty./ When amended subsection (B) shall read:

/(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the Council is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty./

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. WILKINS explained the Bill.

Reps. KIRSH, G. BROWN, McTEER and FABER objected to the Bill.

The following Joint Resolution was taken up.

S. 336 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1062, PURSUANT TO THE PROVISIONS OF ARTICLE I, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution and moved to adjourn debate upon the Joint Resolution until Wednesday, March 8, which was adopted.

Rep. HOLT withdrew his objection to the following Bill whereupon an objection was raised by Rep. KIRSH.

H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.

Reps. KLAPMAN and LITTLEJOHN withdrew their objections to H. 3400 however, other objections remained upon the Bill.

Rep. TOWNSEND asked unanimous consent to recommit the following Joint Resolution to the Committee on Education and Public Works, which was agreed to.

S. 336 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BENNETT asked unanimous consent to commit H. 3587 to the Committee on Agriculture and Natural Resources.

Rep. PHILLIPS objected.

Rep. MOSS asked unanimous consent to recall S. 237 from the Committee on Judiciary.

Rep. WILKINS objected.

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

The following Concurrent Resolution was taken up.

H. 3287 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW BRIDGE ON ROAD S-86 WHICH CROSSES I-26 IN SPARTANBURG COUNTY THE "R. VANCE LANFORD BRIDGE".

Whereas, the late R. Vance Lanford was a beloved and respected citizen of Spartanburg County who efficiently served the Woodruff community as postmaster for many years; and

Whereas, the General Assembly believes that his unselfish civic services to the citizens of Woodruff deserve public recognition. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name the new bridge on Road S-86 which crosses over I-26 in Spartanburg County the "R. Vance Lanford Bridge".

The department is requested with advice from the secretary of the Spartanburg County Legislative Delegation to plan and conduct a suitable dedication ceremony and to install appropriate markers or signs at places on the bridge it considers advisable containing the words "R. Vance Lanford Bridge". The department must be reimbursed for the cost of the dedication service and markers or signs as provided by Section 57-1-45, Code of Laws of South Carolina, 1976.

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

The Concurrent Resolution was adopted and ordered to the Senate.

Rep. SHARP moved to dispense with the Motion Period.

As a first substitute Rep. BENNETT moved to refer H. 3587 to the Agriculture Committee.

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

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, March 21, which was adopted.

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.

The following Bill was taken up.

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.

Rep. SNOW explained the Bill.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, March 7, which was adopted.

Rep. FARR moved that the House recur to the morning hour, which was agreed to by a division vote of 73 to 15.

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

H. 3617 -- Reps. Kirsh, Foster, Nesbitt and Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3 OF YORK COUNTY, SO AS TO CHANGE THE FILING DATE FOR CANDIDATES FOR THE BOARD FROM FIVE WEEKS PRIOR TO THE ELECTION TO TWELVE NOON ON SEPTEMBER FIRST.

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

H. 3618 -- Reps. Simpson, Keyserling, J. Brown and T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO PROVIDE FOR THE PROTECTION AGAINST POLLUTION FROM LITTER BY REGULATING THE USE OF CERTAIN BEVERAGE CONTAINERS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.

Referred to Committee on Judiciary.

H. 3620 -- Reps. Wright, Quinn, M.D. Burriss, Hearn, Littlejohn, Cole, Lockemy, Manly, Simpson, Vaughn, Lanford, Jaskwhich and Wofford: A BILL TO AMEND CHAPTER 17, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CANVASSING AND CERTIFICATION OF ELECTION RESULTS, BY ADDING ARTICLE 9 SO AS TO PROVIDE THAT NO GOVERNMENTAL OR POLITICAL BODY AUTHORIZED TO HEAR ELECTION PROTESTS OR APPEALS MAY UPHOLD A PROTEST IF THE TOTAL NUMBER OF CONTESTED VOTES IS INSUFFICIENT TO AFFECT THE RESULT OF THE ELECTION.

Referred to Committee on Judiciary.

H. 3621 -- Reps. T.M. Burriss: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT).

Referred to Committee on Labor, Commerce and Industry.

On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3617 be read the second time tomorrow.

The following Bill was taken up.

H. 3010 -- Reps. Hayes and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 THROUGH 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.

The Judiciary Committee proposed the following amendment No. 1 (Doc. No. 2095U)

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

/SECTION 1. Chapter 21, Title 50 of the 1976 Code is amended by adding:

Section 50-21-210. As used in this article:

(1) 'Drug' means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug;

(2) 'Water' means any waters open to the general public including but not limited to lakes, bays, sounds, ponds, impounding reservoirs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, which are wholly or partially within or bordering the State or within its jurisdiction.

(3) 'Motorized vessel' means any vessel powered by an internal combustion engine.

Section 50-21-220. (A) It is unlawful to operate, drive, or be in actual physical control of any moving motorized vessel upon the waters of this State while:

(1) under the influence of alcohol;

(2) under the influence of any drug to a degree which renders the operator incapable of operating safely.

(B) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars and for a second or subsequent offense be fined not less than one thousand dollars or be imprisoned for not more than one year, or both. Only an offense occurring within a period of five years including and immediately preceding the date of the last offense constitutes a prior offense within the meaning of this subsection. Any person convicted of an offense under this section, in addition to other penalties, may be prohibited by the court having jurisdiction of the violation from operating any motorized vessel or conducting the activity for not more than two years.

Section 50-21-230. (A) A person who operates, drives, or is in actual physical control of any moving motorized vessel upon the waters of this State is considered to have given consent to a chemical test of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for any offense arising out of acts alleged to have been committed while the person was operating, driving, or in actual physical control of a moving motorized vessel while under the influence of alcohol, drugs, or any combination of them. Any test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motorized vessel upon the waters of this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer, the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter.

The breath test must be administered by a person trained and certified by the State Law Enforcement Division, using methods approved by the division. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by the division. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to operate, drive, or be in actual physical control of any moving motorized vessel must be suspended or denied for ninety days if he refuses to submit to the tests.

A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other cause contending that the drawing of blood or taking of samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples. No person may be required by the arresting officer, or by any other law enforcement officer, to obtain or take any sample of blood or urine.

The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.

The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.

The division shall administer the provisions of this subsection and may promulgate regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed at the time of sentencing persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 50-21-220 or 50-21-240. This fee must be forwarded by the county treasurer to the State Treasurer and credited to the general fund of the State to defray any costs incurred by the division and individuals and institutions obtaining the samples forwarded to the division.

(B) In any criminal prosecution for a violation of Section 50-21-220 or 50-21-240 the amount of alcohol in the person's blood at the time of the alleged violation, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following inferences:

(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it is conclusively presumed that the person was not under the influence of alcohol.

(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.

(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol.

The provisions of this section must not be construed as limiting the introduction of other competent evidence bearing upon the question whether or not the person was under the influence of alcohol, drugs, or a combination of them.

(C) Any person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided by subsection (A).

(D) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), none may be given, but the South Carolina Department of Wildlife and Marine Resources, on the basis of a report of the law enforcement officer that the arrested person was operating, driving or was in actual physical control of a moving motorized vessel while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests shall suspend his privilege to perform the activity for a period of ninety days. The ninety-day period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day period begins with the day after the date of the order sustaining the suspension. The report of the arresting officer must include what grounds he had for believing the arrested person was conducting the above-mentioned activity while under the influence of alcohol, drugs, or a combination of them. If the arrested person took a chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include the officer's grounds for believing the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (A), pleads guilty or nolo contendere to, or forfeits bond for a first offense violation of Section 50-21-220, within thirty days of arrest, the period of the suspension under this section must be canceled.

(E) Upon suspending the operating privilege of any person, the Department of Wildlife and Marine Resources immediately shall notify the person in writing and upon his request give him an opportunity for a hearing as provided in Sections 50-9-1050(b) and 50-9-1060. The review must be scheduled by the department within twenty days after the receipt of the request. The scope of the hearing is limited to the issues of whether the person was placed under arrest, whether the person had been informed that he did not have to take the tests but that his privilege to operate a motorized vessel would be suspended or denied if he refused to submit to the tests, and whether he refused to submit to the tests upon request of the officer. Upon review, the department either shall rescind its order of suspension or if there is good cause, continue the suspension of the privilege.

Section 50-21-240. (A) Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, operates, drives, or is in actual physical control of any moving motorized vessel and does any act forbidden by law or neglects any duty imposed by law, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and, upon conviction, must be punished:

(1) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than thirty days nor more than ten years when great bodily injury results;

(2) by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and imprisonment for not less than one year nor more than twenty-five years when death results.

No part of the minimum sentences required to be imposed by this section may be suspended, and probation must not be granted for any portion.

(B) As used in this section 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(C) The South Carolina Department of Wildlife and Marine Resources shall suspend the privilege of any person who is convicted or who pleads guilty or nolo contendere under this section to conduct the activity for which the person is convicted for a period to include any term of imprisonment plus three years.

(D) If a boating accident involves a fatality, the coroner having jurisdiction, within forty-eight hours of receiving notification of the death, shall direct that a chemical blood test to determine blood alcohol concentration or the presence of drugs be performed on the deceased and that the results of the test be recorded properly in the coroner's report.

Section 50-21-250. A person who operates a motorized vessel on the waters of this State when his privilege to operate the motorized vessel is canceled, suspended, or revoked pursuant to violations of this article is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed two hundred dollars or imprisoned for a period not to exceed thirty days."

SECTION 2. Section 50-21-110 of the 1976 Code is amended to read:

"Section 50-21-110. (1) No person may use any motorboat, boat, or vessel, or manipulate any water skis, aquaplane, surfboard, or similar device in a negligent manner so as to endanger the life, limb, or property of any person.

(2) No person may use any motorboat, boat or vessel, or use any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug, barbiturate, marijuana or hallucinogen.

(3)(2) Any person convicted of negligent operation of a motorboat, boat, or vessel or of operating a vessel while under the influence of intoxicating liquids, narcotic drugs, barbiturates, or marijuana, in addition to any other penalties, may be prohibited by the court having jurisdiction of such violation, from operating any vessel on any waters of this State for a period of not more than two years. is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not less than fifty dollars nor more than two hundred dollars or be imprisoned for not more than thirty days and for a second or subsequent offense be fined not less than one thousand dollars or be imprisoned for not more than one year, or both. Only an offense occurring within a period of five years from the date of the last offense constitutes a prior offense within the meaning of this subsection."

SECTION 3. Section 50-21-150 of the 1976 Code is amended to read:

"Section 50-21-150. (1) Any person who violates any provision of Section 50-21-110 or the implementing regulations shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned for not more than thirty days for each violation.

(2) Any person violating any provision of this chapter or any regulations adopted by the Division of Boating where the penalty is not specified shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days for each violation."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

Reps. GREGORY, McLEOD, BLANDING and G. BAILEY objected to the Bill.

The following Bill was taken up.

H. 3104 -- Reps. J. Bailey, Harvin, Vaughn, Snow, Barber, Mappus, McEachin and Keyserling: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER.

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

H. 3424 -- Reps. Winstead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES.

Rep. WINSTEAD explained the Bill.

S. 354 -- Senators Rose, Nell W. Smith, Land, Leatherman, Holland, Helmly, Mitchell, Giese, Gilbert, Wilson, Russell, Leventis, Peeler, Shealy, Long, McConnell, Williams, McLeod, Patterson, Matthews, Passailaigue, Fielding, O'Dell, McGill, Thomas, Bryan, Martschink, Saleeby, Courson, Mullinax, Stilwell, Lindsay, Hinson, Pope, Hinds, Martin, Hayes, Macaulay, Lee, Lourie, Waddell, Moore, Setzler, Drummond, J. Verne Smith and Horace C. Smith: A BILL TO REPEAL SECTION 59-63-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE PUPILS OF ONE RACE ATTENDING THE SCHOOLS PROVIDED BY THE BOARDS OF TRUSTEES FOR PERSONS OF ANOTHER RACE.

The following Bill was taken up.

S. 213 -- Senator Williams: A BILL TO REPEAL SECTION 14-17-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN RECORDS AND REPORTS REQUIRED OF THE CLERK OF THE GENERAL SESSIONS COURT.

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

Rep. WELLS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OR PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.

Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3573 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN ACT 658 OF 1988, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, FOR DEFICIENCIES INCURRED IN THAT FISCAL YEAR.

The SPEAKER stated that, in accordance with Rule 5.10, the Joint Resolution must lay on the desks of the members at least three legislative days prior to each reading.

The following Bill was taken up.

H. 3578 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-200 SO AS TO PROVIDE THAT A PERSON APPOINTED TO A COUNTY BOARD, COMMISSION, OR OTHER ENTITY BY THE COUNTY LEGISLATIVE DELEGATION SERVES AT THE PLEASURE OF THE APPOINTIVE AUTHORITY.

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3587 -- Reps. Phillips, Farr and Moss: A JOINT RESOLUTION TO EXTEND THE 1989 QUAIL AND RABBIT SEASON IN GAME ZONE NO. 4 UNTIL MARCH 15, 1989.

Rep. BENNETT made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3588 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES, VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1076, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McELVEEN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Rep. PHILLIPS asked unanimous consent to give H. 3587 a second reading tomorrow.

Rep. BENNETT objected.

Rep. BAXLEY moved that when the House adjourns it adjourn in honor of Mr. Noah A. Derrick, who is celebrating his 100th birthday, which was agreed to.

Rep. MOSS moved to recall S. 237 from the Judiciary Committee, and when it is received at the desk that the Bill be referred to the Committee on Medical, Military, Public and Municipal Affairs.

As a first substitute Rep. McEACHIN moved to dispense with the balance of the Motion Period.

As a second substitute Rep. MOSS moved to recall S. 237 from the Judiciary Committee, and when it is received at the desk that the Bill be referred to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

Rep. BAXLEY moved to recall H. 3356 from the Labor, Commerce and Industry Committee.

Rep. R. BROWN moved to table the motion.

As a first substitute Rep. L. MARTIN moved that the House do now adjourn, which was rejected.

The question then recurred to the motion to table the motion to recall H. 3356 from the Committee on Labor, Commerce and Industry, which was agreed to.

Rep. L. MARTIN moved to dispense with the Motion Period.

As a first substitute Rep. BAXLEY moved to recall H. 3356 from the Labor, Commerce and Industry Committee.

Rep. R. BROWN moved to table the motion, which was agreed to by a division vote of 64 to 21.

The question then recurred to the motion to dispense with the Motion Period, which was agreed to.

Rep. HASKINS moved that the House do now adjourn.

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

The following Bill was taken up.

H. 3419 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CHILDREN TO ATTEND PUBLIC SCHOOL, SO AS TO DELETE THE PROVISION ALLOWING ATTENDANCE IN A DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE AND TO PROVIDE FOR THE CHILDREN ATTENDING SCHOOL PURSUANT TO THAT PROVISION ON THIS ACT'S EFFECTIVE DATE.

Rep. HUFF moved to adjourn debate upon the Bill until Tuesday, March 7, which was rejected.

Rep. McGINNIS explained the Bill.

Rep. WALDROP moved that the House do now adjourn.

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.

The question then recurred to the motion that the House do now adjourn, which was agreed to by a division vote of 68 to 41.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. McGINNIS having the floor.

The Senate returned to the House with concurrence the following:

H. 3317 -- Reps. Beasley, R. Brown, Haskins, Huff, Farr, Littlejohn, Vaughn and McEachin: A CONCURRENT RESOLUTION TO PROCLAIM MARCH 16, 1989, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA AND TO ENCOURAGE THE PEOPLE OF THIS STATE TO EXERCISE THEIR RIGHTS OF FREE ACCESS TO INFORMATION AND TO USE THE RESOURCES AVAILABLE THROUGH THE LIBRARIES OF SOUTH CAROLINA.

H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, J. Brown, McBride, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.

H. 3613 -- Rep. Wright: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE TOWN OF CHAPIN IN LEXINGTON COUNTY ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.

H. 3614 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. J.B. JOHNSON UPON BEING NAMED THE 1988 BUILDER OF THE YEAR BY THE HOME BUILDERS ASSOCIATION OF GREATER SPARTANBURG.

H. 3615 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE HOME BUILDERS ASSOCIATION OF GREATER SPARTANBURG FOR ITS MANY YEARS OF DISTINGUISHED PARTICIPATION IN THE BUILDING INDUSTRY AND FOR ITS CONTRIBUTIONS TO THE INDUSTRY.

At 12:35 P.M. the House in accordance with the motion of Rep. BAXLEY adjourned in honor of Mr. Noah A. Derrick, who is celebrating his 100th birthday, to meet at 10:00 A.M. tomorrow.

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