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 Heavenly Father, great and powerful, but always ready to hear us when we pray and to answer us when we call, grant us Your wisdom for our fallible minds. Give us the stature to match the days in which our lots are cast. Distill upon our restlessness the dews of calmness and tranquility, that in simple trust and deeper reverence we may be found steadfast, always abounding in the work of the Lord, knowing that in Him and for Him and with Him our labor is not in vain. Cleanse our hearts of all evil, feed our minds with Your truths and guide our feet in the paths of uprightness.

Amen.

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

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

The following was received.

February 19, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4042, R-277 an Act:
TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND DESIGNATE THE AREAS FROM WHICH MEMBERS MUST BE APPOINTED, TO PROVIDE THAT THE SUCCESSORS APPOINTED IN 1992 TAKE OFFICE, TO STAGGER THE TERMS OF COMMISSION MEMBERS, AND TO PROVIDE THAT FORMER COMMISSIONERS MAY BE APPOINTED TO THE RECONSTITUTED COMMISSION.
This veto is based upon an opinion of the Attorney General's Office dated February 18, 1992 which states in concluding:

"The act bearing ratification number 277 of 1992 would establish four-year terms for members of the governing body of the St. Paul's Fire District, designate residency areas from which members would be selected, and make other specified changes in the governing body of the District. The District is located wholly within Charleston County. Thus, H. 4042, R-277 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H.4042, R-277 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of February 13, 1992, you have asked for the opinion of this Office as to the constitutionality of H.4042, R-277, an act reconstituting the governing body of the St. Paul's Fire Commission in Charleston County. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of the State to declare an act unconstitutional.

The act bearing ratification number 277 of 1992 would establish four-year terms for members of the governing body of the St. Paul's Fire District, designate residency areas from which members would be selected, and make other specified changes in the governing body of the District. The District is located wholly within Charleston County. Thus, H. 4042, R-277 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4042, R-277 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Ops. Atty. Gen. dated June 1, 1979 and January 6, 1983 (unconstitutionality of other acts relative to the St. Paul's Fire District).

Based on the foregoing, we would advise that H.4042, R-277 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Barber                 Fulmer                 Gonzales
Hallman                Holt                   Inabinett
Martin, D.             Whipper

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.

February 19, 1992
Mr. Speaker and Members of the House:
I am hereby returning without my approval H.4192, R-274 an Act:
TO REPEAL ACT 834 OF 1976 RELATING TO THE AUTHORIZATION GRANTED TO THE GOVERNING BODY OF THE SLATER-MARIETTA FIRE DISTRICT IN GREENVILLE COUNTY TO PROVIDE POLICE PROTECTION WITHIN THE DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated February 18, 1992 which states in concluding:

"The act bearing ratification number 274 of 1992 repeals Act 834 of 1976, which act authorized the governing body of the Slater-Marietta Fire District in Greenville County to provide police protection with the District. The District is located wholly within Greenville County. Thus, H. 4192, R-274 of 1992 is clearly an act for a specific county. Article VIII Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 4192, R-274 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of February 13, 1992, you have asked for the opinion of this Office as to the constitutionality of H.4192, R-274, an act repealing Act 834 of 1976 relative to the Slater-Marietta Fire District of Greenville County. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

The act bearing ratification number 274 of 1992 repeals Act 834 of 1976, which act authorized the governing body of the Slater-Marietta Fire District in Greenville County to provide police protection within the District. The District is located wholly within Greenville County. Thus, H.4192, R-274 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4192, R-274 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974). See also Ops. Atty. Gen. dated March 21, 1985 and July 28, 1975 (unconstitutionality of acts relative to the Slater-Marietta Fire District).

Based on the foregoing, we would advise that H. 4192, R-274 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Cato                   Delleney               Fair

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4431 -- Reps. Corbett, Keegan, D. Elliott and M. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ESTABLISH A NATIONAL CEMETERY ON THE PROPERTY WHICH IS NOW MYRTLE BEACH AIR FORCE BASE.

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

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

H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4433 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-22-480 SO AS TO ENACT THE "ENGINEERS' GOOD SAMARITAN ACT" WHICH PROVIDES IMMUNITY FOR A PROFESSIONAL ENGINEER WHO PROVIDES CERTAIN ENGINEERING SERVICES AT THE SCENE OF A DECLARED EMERGENCY.

Referred to Committee on Judiciary.

H. 4434 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 TO TITLE 40 SO AS TO ENACT THE "SOUTH CAROLINA LANDSCAPE IRRIGATION CONTRACTOR CERTIFICATION ACT", THEREBY PROVIDING A MEANS FOR CERTIFYING PERSONS WHO WISH TO ENGAGE IN THE PRACTICE OF LANDSCAPE IRRIGATION CONTRACTING, AND TO PROVIDE FOR RELATED AND INCIDENTAL MATTERS, INCLUDING PROVISIONS FOR A CIVIL PENALTY.

Referred to Committee on Labor, Commerce and Industry.

H. 4435 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATE'S COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

Referred to Committee on Judiciary.

H. 4436 -- Reps. Baxley and Beasley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, AND PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS.

Referred to Darlington Delegation.

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

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Bailey, J.             Baker
Baxley                 Beasley                Beatty
Bennett                Brown, H.              Brown, J.
Bruce                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cole                   Cooper                 Corbett
Cork                   Council                Delleney
Elliott, D.            Elliott, L.            Farr
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Hyatt                  Inabinett              Jaskwhich
Jennings               Johnson, J.W.          Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Riser
Rogers                 Ross                   Rudnick
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Stoddard
Stone                  Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

I came in after the roll call and was present for the Session on Thursday, February 20.

David H. Wilkins                  Thomas E. Huff
Ralph W. Canty                    E.B. McLeod
Grady A. Brown                    R. Linwood Altman
John J. Snow, Jr.                 Roland S. Corning
Larry L. Koon                     Alma Byrd
James L.M. Cromer, Jr.            Maggie W. Glover
Michael L. Fair                   C. Lenoir Sturkie
John G. Felder                    C. Alex Harvin, III
William D. Boan

The SPEAKER granted Rep. SCOTT a leave of absence for the day.

The following was received.
Columbia, S.C., February 19, 1992

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:10 A.M. Thursday, February 20, 1992 for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. L. MARTIN the invitation was accepted.

The following was received.
Columbia, S.C., February 19, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Greenville County Master-in-Equity, with term to expire January 1, 1998:

Mr. Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, South Carolina 29304

Very respectfully,
President

No. 020

Received as information

Rep. SMITH, and the Aiken County Delegation presented the Silver Bluff High School Bulldog Football Team, Winner of the 1991 State Class AA Championship, their Coaches and School Administrators.

Rep. L. MARTIN moved to reconsider the vote whereby the following Bill was give a second reading, which was agreed to.

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

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

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

H. 4119 -- Reps. Haskins, Rama, Wilkins, Cato, Harrison, Smith, Felder, Baxley, Wells, A. Young, D. Elliott, Harvin, Lanford, Anderson, Riser, Gonzales, Manly, J. Williams, Waites, Kirsh, Keegan, Rudnick, Mattos, Harrelson, Stone, J. Brown, Keyserling and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

H. 4120 -- Rep. Haskins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.

H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.

S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".

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. 1290 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1383, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

Rep. L. MARTIN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3670.AL), which was adopted.

Amend Section 56-3-375 as contained in SECTION 2, page 2, by striking beginning on line 14 /if proof of financial responsibility as provided in Title 56 is demonstrated/ and inserting /upon proof that the motor vehicle is insured/.

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 830 be read the third time tomorrow.

The following Bill was taken up.

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

Debate was resumed on Amendment No. 3, which was proposed on Tuesday, February 11, by Rep. HARRELSON.

Rep. HARRELSON moved to table the amendment, which was agreed to.

Rep. HOLT proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\12126.DW), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 4-3-5.     For purposes of describing the boundaries of counties when a county boundary is used to establish or describe the boundary of a jury area in Chapter 2 of Title 22, the center line of waterways is defined as:

(1)     for areas influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated at mean high tide, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated at mean high tide; and

(2)     for areas not influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated by the ordinary high-water mark, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated by the ordinary high-water mark./

Amend title to conform.

Rep. HOLT explained the amendment.

The amendment was then adopted.

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

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

Rep. FAIR moved to adjourn debate upon the following Bill until Wednesday, March 25, which was adopted.

H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.

H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.

The following Bill was taken up.

S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.

Reps. BAXLEY, ROSS, RUDNICK, BEATTY, WHITE and GLOVER objected to the Bill.

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

H. 4136 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

Rep. NEILSON explained the Bill.

H. 4138 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.

Rep. NEILSON explained the Bill.

H. 4277 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.

Rep. M.O. ALEXANDER explained the Bill.

H. 4137 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-375 SO AS TO PROVIDE FOR PAYMENTS OF ASSESSMENTS OR INTEREST BY MEMBER COMPANIES TO THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION AND FOR PENALTIES; TO AMEND SECTION 38-75-370, RELATING TO DUTIES OF ASSOCIATION MEMBERS AND LIMITATION ON LIABILITY, SO AS TO AUTHORIZE THE ASSOCIATION TO RELY ON A MEMBER COMPANY'S ANNUAL STATEMENT IN DETERMINING PARTICIPATION IN PROFITS AND LOSSES AND PROVIDE REQUIREMENTS TO RECEIVE CREDIT FOR ESSENTIAL PROPERTY VOLUNTARILY WRITTEN IN THE COASTAL AREA; AND TO AMEND SECTION 38-75-410, RELATING TO APPEALS FROM ACTS, RULINGS, OR DECISIONS OF THE ASSOCIATION, SO AS TO PROVIDE FOR THE TIME OF APPEALS FOR CERTAIN ACTS.

Rep. J. BAILEY explained the Bill.

H. 4253 -- Reps. Rudnick, Byrd, Kirsh and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-13-15 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT AN AUDIT, AT ANY TIME, OF ANY INSURER IN THIS STATE.

Rep. J. BAILEY explained the Bill.

H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.

Rep. WOFFORD explained the Bill.

H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.

Rep. WOFFORD explained the Bill.

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4136 be read the third time tomorrow.

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4138 be read the third time tomorrow.

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 4277 be read the third time tomorrow.

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4103 be read the third time tomorrow.

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4108 be read the third time tomorrow.

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, March 5, which was adopted.

H. 4135 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, February 25, which was adopted.

S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.

The following Bill was taken up.

H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12135.DW).

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 39-5-355.     (A)     A business which is primarily engaged in retail sales may not use the term 'wholesaler', 'wholesale', or 'distributor' in its name or advertising. For purposes of this section, a 'retailer' is a business in which more than fifty percent of the gross revenues are generated from retail sales.

(B)     Nothing in this section prevents a bona fide membership-only business organization from allowing members to purchase merchandise at prices represented to be lower than those generally available to the public."

SECTION     2.     Section 39-5-360 of the 1976 Code is amended to read:

"Section 39-5-360.     Each sale in violation of the terms of this article shall be declared is a separate offense and the penalty for each violation thereof shall must be a fine of not more than one five hundred dollars or imprisonment for not more than thirty days in the discretion of the court."

SECTION     3.     This act takes effect January 1, 1993./

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

Reps. GONZALES, SHARPE, RAMA, A. YOUNG, HALLMAN, R. YOUNG, FAIR, KLAPMAN, WILDER and STONE objected to the Bill.

The following Bill was taken up.

H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Rep. KIRSH raised the Point of Order that H. 4274 was out of order as it had to do with increasing contributions of the people involved and the accounts and it should have been referred to the Ways and Means Committee in compliance with Rule 4.4.

Rep. LANFORD argued contra the Point in stating that the Bill had a zero fiscal impact.

The SPEAKER stated, citing Rule 4.4, that the Bill did not directly appropriate money and he overruled the Point of Order.

Rep. KIRSH 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 Senate amendments to the following Bill were taken up for consideration.

H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

Rep. L. ELLIOTT moved to adjourn debate upon the Senate Amendments until Tuesday, February 25, which was adopted.

The following Concurrent Resolution was taken up.

S. 1216 -- Senators Mullinax, O'Dell and Macaulay: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DOUBLE BRIDGE ON STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE CALVIN WESLEY BELCHER BRIDGE.

Whereas, Calvin Wesley Belcher of Anderson served as Resident Maintenance Engineer of the Department of Highways and Public Transportation in Anderson County; and

Whereas, Mr. Belcher worked for the department for forty-five years supervising all roads built in Anderson County between 1921 and 1966; and

Whereas, when Mr. Belcher began his work with the department as a foreman, the principal form of transportation was the horse and buggy; and

Whereas, Mr. Belcher has done more for Anderson County's road system than any other person; and

Whereas, Mr. Belcher at ninety-two years old gave nearly half of his life to making highways and bridges in Anderson County top quality and safe; and

Whereas, it is appropriate that this distinguished career in public service be commemorated by a bridge named after this gentleman. Now, therefore,

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

That the members of the General Assembly request the South Carolina Department of Highways and Public Transportation to designate and name the double bridge on State Highway 24 in Anderson County as the Calvin Wesley Belcher Bridge.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation, Mr. and Mrs. Calvin Wesley Belcher, their daughters and granddaughters.

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

The following Concurrent Resolution was taken up.

S. 1267 -- Senator Matthews: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO HONOR THE MEMORY OF HIGHWAY PATROLMAN MARVIN L. TITUS, WHO DIED IN THE LINE OF DUTY ON NOVEMBER 21, 1991, BY NAMING THE BAMBERG HIGHWAY PATROL OFFICE THE MARVIN L. TITUS BUILDING.

Whereas, the members of the General Assembly were shocked and saddened to learn during the legislative interim of the death of Trooper Marvin L. Titus of the South Carolina Highway Patrol, who died in the line of duty on November 21, 1991; and

Whereas, the ultimate sacrifice made by this outstanding young law enforcement officer while he was serving to protect the good people of this State brings to mind the dangers faced by all who serve in the field of law enforcement as they pursue their duties to protect and to serve the public; and

Whereas, the members of the General Assembly believe it appropriate to honor the memory of the distinguished service and great sacrifice of Trooper Titus by naming the Bamberg Highway Patrol Office for him; and

Whereas, this gesture will be some small tangible display of the esteem in which Trooper Titus was held by his patrol colleagues, other law enforcement personnel, his friends and family, and, indeed, all the Bamberg community. Now, therefore,

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

That the South Carolina Highways and Public Transportation Commission is requested to honor the memory of Highway Patrolman Marvin L. Titus, who died in the line of duty on November 21, 1991, by naming the Bamberg Highway Patrol Office the Marvin L. Titus building.

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

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

Rep. BEASLEY moved that the House recur to the morning hour, which was agreed to.

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

S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Ordered for consideration tomorrow.

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

H. 4437 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 23-45-145 AND 23-45-147 SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.

Referred to Committee on Labor, Commerce and Industry.

H. 4438 -- Reps. Snow, G. Brown, Farr, Koon, Smith, Sharpe, Bennett, Riser, McLeod, D. Elliott, Rhoad, Bruce, Harvin, McTeer, Wilder, Altman and Waldrop: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.

Referred to Committee on Labor, Commerce and Industry.

At 11:10 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R284) S. 797 -- Senator Martin: AN ACT TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

(R285) S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 TO CREATE AN ADDITIONAL VOTING PRECINCT NAMED ROCK HILL NO. 8.

(R286) S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: AN ACT TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-165 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS AND FOR THE PILOT-TESTING OF THESE PACKAGES; SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION OPTIONS FOR EIGHTH GRADE STUDENTS AND THEIR PARENTS OR GUARDIANS; SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE WITH THE COMMISSION ON HIGHER EDUCATION AND THE HIGHER EDUCATION INSTITUTIONS IN THIS COUNSELING PROGRAM; AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING PROGRAM.

(R287) H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: AN ACT TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY; TO PROVIDE THAT EFFECTIVE JULY 1, 1992, SOUTH CAROLINA STATE COLLEGE IS CHANGED TO SOUTH CAROLINA STATE UNIVERSITY, WINTHROP COLLEGE IS CHANGED TO WINTHROP UNIVERSITY, AND FRANCIS MARION COLLEGE IS CHANGED TO FRANCIS MARION UNIVERSITY; TO PROVIDE THAT THE BOARDS OF TRUSTEES OF LANDER COLLEGE AND THE CITADEL ARE AUTHORIZED TO CHANGE THE TITLES OF THESE INSTITUTIONS TO REFLECT UNIVERSITY STATUS UNDER CERTAIN CONDITIONS; TO REQUIRE THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA STATE UNIVERSITY, WINTHROP UNIVERSITY, AND FRANCIS MARION UNIVERSITY TO COMPLY WITH CERTAIN PROVISIONS OF LAW REGARDING BUDGETARY PROCEDURES WITH THE COMMISSION ON HIGHER EDUCATION; AND TO PROVIDE THAT THERE MUST BE NO INCREASE OF COSTS TO THE STATE AS A RESULT OF THE ABOVE PROVISIONS.

(R288) H. 3731 -- Rep. P. Harris: AN ACT TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

At 11:15 A.M. the House resumed, the SPEAKER in the Chair.

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

At 11:16 A.M. the House in accordance with the motion of Rep. PHILLIPS adjourned to meet at 10:00 A.M. tomorrow.

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