Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Our gracious Heavenly Father Who includes us all under the umbrella of Your care and concern, guide and direct us through this day, this week and throughout all our days. Cause us to know that the smallest deed is better than the grandest intention, that it is often the roughest road that leads to the mountaintop of accomplishment. Make us to be honest with ourselves: big enough to admit our mistakes, smart enough to profit from them, and strong enough to correct them. Give us the courage to face difficult challenges knowing that from these we learn this lesson: a stream would loose its song if God removed the rocks.

Give us the confidence of the Psalmist when he wrote: "The Lord is my Light and my Salvation; whom shall I fear?" (Psalm 27:1). Amen.

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

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

Rep. CATO moved that when the House adjourns it adjourn in memory of the Honorable John T. Wood, former member of the House, which was agreed to.

Rep. BOAN moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.

The following was received.

TO:                 CLERK OF THE SENATE

CLERK OF THE HOUSE
FROM:     THE JOINT LEGISLATIVE SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE SOUTH CAROLINA HEALTH AND HUMAN SERVICES FINANCE COMMISSION
DATE:         MAY 14, 1992

In compliance with the provisions of Act 119 of 1975, and Act 167 of 1979, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/Senator Alexander S. Macaulay, Chairman     /s/Rep. W. S. Houck, Jr.
/s/Senator Robert L. Helmly     /s/Rep. Joe E. Brown
/s/Senator McKinley Washington, Jr.     /s/Rep. C. D. Chamblee
/s/Senator Harvey S. Peeler, Jr.     /s/Rep. John Rama

Pursuant to Act 119 of 1975, this committee was organized to consider the qualifications of candidates seeking election to the South Carolina Health and Human Services Finance Commission for the Second, Fourth and Sixth Congressional Districts. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to election. It is not the function of the committee to recommend one candidate over another or suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified and under the statute our determination in that regard is not binding upon the General Assembly.

Four candidates who were under consideration at the time of the hearings are discussed in this report. The candidates who appeared before the Joint Legislative Screening Committee for its consideration are as follows:

SECOND CONGRESSIONAL DISTRICT
Nettie Dickerson
West Columbia, S.C.

Sherrill Hampton
Orangeburg, S.C.

FOURTH CONGRESSIONAL DISTRICT
Frederick Furman Carpenter
Greenville, S.C.

SIXTH CONGRESSIONAL DISTRICT
Ralph W. Garrison, Sr.
Florence, S.C.

CHAIRMAN MACAULAY: I move that we come to order. There are a few things that I need to take up. We'll wait and see about the other members. I understand that Senator Peeler from the Senate will not be able to be here, but, Representative Brown, we're checking on Representatives Chamblee, Houck, and Rama to see if they might be able to attend. Do you know anything about ...
REPRESENTATIVE BROWN: No. I have not spoken to them.
CHAIRMAN MACAULAY: All right, sir. We would like to check on that. In the meantime, also, we have some things that I would like to take up if we could in Executive Session, to clarify some things in my own mind. Do I hear a motion or ...
SENATOR WASHINGTON: So moved.
CHAIRMAN MACAULAY: All right, we'll go into Executive Session. All those in favor, stipulate by saying I.
SENATOR WASHINGTON: I.
SENATOR HELMLY: I.
REPRESENTATIVE BROWN: I.
CHAIRMAN MACAULAY: The I's have it. So ordered. If you don't mind, wait right outside. Down the hall, in 305 there is coffee. If you would like to wait there it might be a little bit more comfortable. We'll get right back to you. Thank you very much.

CHAIRMAN MACAULAY: Ladies and gentlemen, on behalf of the
Screening Panel, I want to thank you for coming this morning and also apologize for the inconvenience for having to wait in the hall. This is our first meeting this year, as well as, some of us have had a rather long way to come, and so it's a little difficult in all gathering at one time and trying to catch up, so, as I said, I do appreciate your indulgence. If we could, we would ask the candidates from the Second Congressional District, Ms. Dickerson, if you would, please, take the chair there at the desk. All right. If you would, raise your right hand, please. Do you swear or affirm that the testimony that you will give this morning will be the whole truth and nothing but the truth, so help you?
MS. DICKERSON: I do.
CHAIRMAN MACAULAY: Ms. Dickerson, for the record, if you
would, please, give us your full name.
MS. DICKERSON: Nettie Durant Dickerson.
CHAIRMAN MACAULAY: Ms. Dickerson, I'm going to ask you some questions, rather perfunctory, if you would. These are the questions we ask all candidates. First, now that you're under oath, do you affirm that the responses to your Personal Data Questionnaire are true and complete?
MS. DICKERSON: I do.
CHAIRMAN MACAULAY: That takes care of those. We don't have to go back through them.
MS. DICKERSON: Yes.
CHAIRMAN MACAULAY: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in a full capacity?
MS. DICKERSON: No, I do not.
CHAIRMAN MACAULAY: What is your occupation?
MS. DICKERSON: I'm an executive with Bankair and its affiliate
companies.
CHAIRMAN MACAULAY: Have you ever been discharged from any employment?
MS. DICKERSON: No, I haven't.
CHAIRMAN MACAULAY: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MS. DICKERSON: Yes.
CHAIRMAN MACAULAY: Do any of your businesses have contracts with the state or federal government?
MS. DICKERSON: Yes.
CHAIRMAN MACAULAY: Well, again, I think that applies to are
there any businesses that you have any controlling interests or at least five percent (5%) interest in. As an employee, no, but do you have any businesses that you might have a ...
MS. DICKERSON: No conflict in interest. Something like the
Federal Reserve Bank and the Department of Defense, Fueling, but I don't think, you know, I don't think that has any conflict with this.
CHAIRMAN MACAULAY: Thank you very much. Do you have any interests professionally and personally that would present a conflict of interest because of your service on the board, and that's beyond your business interests, do you have any ...
MS. DICKERSON: No.
CHAIRMAN MACAULAY: Would you be able to put in the time
necessary to serve on the board, considering your other interests?
MS. DICKERSON: Yes.
CHAIRMAN MACAULAY: Do you or any member of your family have any business interests that would present a conflict of interest in your holding this position?
MS. DICKERSON: No.
CHAIRMAN MACAULAY: Are you or any member of your immediate family related to anyone affiliated with the Health and Human Services Finance Commission?
MS. DICKERSON: Not ... according to ethics rules, the answer
is,no.
CHAIRMAN MACAULAY: Do you now hold any public office of
honor or trust that your service to the board would cause you to violate the Dual Officeholding Clause under the Constitution?
MS. DICKERSON: No.
CHAIRMAN MACAULAY: As far as the Committee, are there any
other questions of Ms. Dickerson?
SENATOR WASHINGTON: Ms. Dickerson ...
MS. DICKERSON: Yes.
SENATOR WASHINGTON: I'm Senator Washington. Why do you
really want to serve on this board?
MS. DICKERSON: Well, I'm of an age that I felt like I should
volunteer and give back something to society. I looked at the various commissions and felt the best qualified for this particular one because of my background in healthcare delivery services as well as in business. We do have, as groups of women, we have wanted women to fulfill their responsibility more readily in these areas, and with all this in mind, I became interested in this particular Commission.
CHAIRMAN MACAULAY: By the way, and I do thank Senator
Washington for doing this, but please forgive me, again, for my lack of hospitality. The members of the Screening Panel are, Senator Washington, Senator Helmly, Representative Chamblee, Representative Brown and Representative Houck, and I'm Alex Macaulay. Are there any other questions from the Committee?
SENATOR WASHINGTON: One other question.
CHAIRMAN MACAULAY: Senator Washington.
SENATOR WASHINGTON: As you look at the problem of healthcare in this State, how do you feel the Health and Human Services Finance Commission fits in in helping to solve some of the problems, or do you agree with the philosophy of what the Health and Human Services Finance Commission is all about?
MS. DICKERSON: I'm not sure that I'm fully informed. I did
observe the Commission in action before I became a candidate. The staff and the Executive Director seem to have a very efficient way of handling things. I've looked at some of their problems. Of course they have budgeting problems and other problems. Senator Washington, I don't mean to be evasive, however, in all honesty, I must say I have a lot to learn about the philosophy and about the Commission.
SENATOR WASHINGTON: One other question and I'm going to quit. How do you feel about childcare, welfare, et cetera? This is one of the major concerns the Health and Human Services Finance Commission deals with.
MS. DICKERSON: I feel that it's very important. In the fields
in which I've had experience, by the way I was the founder of the Social Service Department at the Baptist Hospital, however, I'm not a social worker, but I would see these needs and I think that the welfare of the children is the most important thing that we have entrusted to us. But there are many other areas, such as the healthcare, and, yes, I feel that welfare is a very necessary service.
CHAIRMAN MACAULAY: Are there any other questions of Ms.
Dickerson? If not, thank you very much for being here, and if you would wait, we might have some other questions, so, if you would remain available until we finish.
MS. DICKERSON: Thank you, Senator.
CHAIRMAN MACAULAY: Thank you. Our next candidate is Ms.
Sherrill Hampton. Ms. Hampton, if you would, too, come around. Ms. Hampton, if you would raise your right hand, please. Do you swear or affirm that the testimony that you give this morning will be the whole truth and nothing but the truth?
MS. HAMPTON: I do.
CHAIRMAN MACAULAY: Thank you. Ms. Hampton, I'm going to ask you the same questions. Now that you're under oath, do you affirm that the responses to the Personal Data Questionnaire are true and complete?
MS. HAMPTON: I do.
CHAIRMAN MACAULAY: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the board in full capacity?
MS. HAMPTON: I do not.
CHAIRMAN MACAULAY: What is your occupation?
MS. HAMPTON: I'm a private consultant.
CHAIRMAN MACAULAY: Have you ever been discharged from any employment?
MS. HAMPTON: I left the City of Orangeburg.
CHAIRMAN MACAULAY: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MS. HAMPTON: Yes.
CHAIRMAN MACAULAY: Do any of your businesses have contracts with the state or federal government?
MS. HAMPTON: Yes, sir.
CHAIRMAN MACAULAY: By the way, any questions that you ...
MS. HAMPTON: Would you like me to elaborate on that?
CHAIRMAN MACAULAY: Well, if you want to, fine, and if the
Committee would like to. These questions really are just to sort of give a basis for any testimony that might be made, so, do not hesitate, if you want to elaborate feel free to do so.
MS. HAMPTON: Okay.
CHAIRMAN MACAULAY: All right. We can come back to it. Do
you have any interests professionally or personally that would present a conflict of interest because of your service on the board?
MS. HAMPTON: I do not believe so, no.
CHAIRMAN MACAULAY: Would you be able to put in the time
necessary to serve on the board?
MS. HAMPTON: I believe so, yes, sir.
CHAIRMAN MACAULAY: Do you or any member of your family have any business interests that would present a conflict of interest in your holding this position?
MS. HAMPTON: No, sir.
CHAIRMAN MACAULAY: Are you or any member of your immediate family related to anyone affiliated with the Health and Human Services Finance Commission?
MS. HAMPTON: No, sir.
CHAIRMAN MACAULAY: Do you now hold any public position of
honor or trust that if elected to the Board would cause you to violate the Dual Officeholding Clause of the Constitution?
MS. HAMPTON: No, sir.
CHAIRMAN MACAULAY: Now, Ms. Hampton, also members of the Committee, first of all, if any of the members of the Committee would have any particular questions at this point?
SENATOR WASHINGTON: Ms. Hampton ...
CHAIRMAN MACAULAY: Senator Washington.
SENATOR WASHINGTON: Since this board does not pay anything that I know of, why would you want to serve on the Health and Human Services Finance Commission?
MS. HAMPTON: Well, I've watched it for a long time, and as you
say, it's certainly not for the money. Being a rural advocate and a community planner, I have always been interested, since the formation of the Commission, and wanted to give my insight and my expertise as a grassroots person who has ... I know what poverty is about. I know the problems of the elderly because I have an elderly mother. I have worked with a lot of Medicaid and Social Services people, so, I've seen the problems of the agency. I've also worked in state government and I know the constraints that agencies have to function under. So, I've watched it for a long time and it's just an interest that is very close and very dear to my heart. That's why I would like to serve.
SENATOR WASHINGTON: One other question. You indicated that
you might have some clients who might do business with the Health and Human Services Finance Commission. Would you sort of explain that?
MS. HAMPTON: Okay. I guess it's true, folks, if you're
elaborating to my employment, it is with ... my contracts are with units of local government or either counties. I do planning for them and grants assistance, so, I don't know how that would come in. I have an elderly mother who is on ... that gets Medicaid and Medicare and who is a person in the Community Longterm Care Program. For a long time, we paid for that service, until she became eligible and they raised the income level and she was eligible to come in. So, she does receive and I hope a sitter is at my house right now with her. She does receive services through Community Longterm Care.
CHAIRMAN MACAULAY: Are there any other questions from the
Committee for Ms. Hampton?
REPRESENTATIVE BROWN: Mr. Chairman, just one, please.
CHAIRMAN MACAULAY: Representative Brown.
REPRESENTATIVE BROWN: You asked a question earlier, and the question was stated, have you ever been discharged from any employment. Ms. Hampton indicated she left the City of Orangeburg. My question, was she discharged or did she just resign?
MS. HAMPTON: I was discharged.
CHAIRMAN MACAULAY: Doctor Houck.
REPRESENTATIVE HOUCK: What was your position in Orangeburg, what was the job description in Orangeburg?
MS. HAMPTON: I was Director of Planning for the City.
REPRESENTATIVE HOUCK: You were the Supervisor or the top dog in Planning for Orangeburg?
MS. HAMPTON: They had just instituted the Planning Department.
I was the Planning Department. I had no secretarial help, no other assistance, so, I did everything.
REPRESENTATIVE HOUCK: Would you or could you elaborate as to why you were discharged?
MS. HAMPTON: At the same time, I still had my business and they
thought it was a conflict of interest ... not so much a conflict of interest as trying to run my business on some of their time.
REPRESENTATIVE HOUCK: Let me ask you something, and you
may have already answered the question of Senator Washington. You implied or said that there was some conflict of interest in your business and the Health and Human Services Finance Commission. Is that what you told Senator Washington?
MS. HAMPTON: Well, he asked if there might would be and I said
that I didn't feel so but that I contract with units of local government ...
REPRESENTATIVE HOUCK: Okay. Well, you have already answered it, okay.
CHAIRMAN MACAULAY: Are there any other ... Senator Helmly.
SENATOR HELMLY: Just a point I would like to have cleared up.
At some points of your ... you indicated that you are a care provider. I understood you to say that you are a care provider for your elderly mother, is that the care provider you were talking about?
MS. HAMPTON: Right.
SENATOR HELMLY: You are not a care provider, like a member of a board or something like that?
MS. HAMPTON: Oh, no, sir.
SENATOR HELMLY: That's all, Mr. Chairman.
CHAIRMAN MACAULAY: Are there any other questions from the
members of the Committee. If not, Ms. Hampton, thank you very much for being here this morning, and if you, too, will wait until we're finished and we've interviewed all the candidates.
MS. HAMPTON: Thank you.
CHAIRMAN MACAULAY: Thank you very much.
MS. DICKERSON: Senator Macaulay.
CHAIRMAN MACAULAY: Yes, ma'am.
MS. DICKERSON: Before you leave the Second Congressional
District, there is something I would like to share that I hesitated because I worked it through and I'm unfamiliar with the structure, as you well realized when I asked you if you had been elected. I thought the Chair was a part of the staff, I apologize for that. It only occurred to me several days later and I've been embarrassed about it and ... but when you asked about conflicts of interests, I hesitated about a relative. After I picked a Commission and said this may be where I can serve, I discovered that my ex-son-in-law, of whom I'm still very fond but I seldom see, was on the Commission. Well, I inquired of the Ethics Committee and they sent me the form, they said, no. I sent Dr. Laurent a letter saying if it would be awkward in any way, please say so and I'll withdraw. I had a very nice call back, in fact, saying, no, it would not be awkward. So, that ... I didn't go into it to save your time but, then, there was another area which I contacted the Ethics Commission and what not. I leased some property to Lexington County Mental Health at a sacrifice to myself, actually. In fact, after they prevailed on me with one project, and my heart was soft, they asked me to please buy another one and I did. At my age I didn't really need that, you know. But, no matter, I do lease them two buildings on #1 Highway. I understand that if there were any ... there was any funding that affected that that I would withdraw from voting as a Commissioner and that it is not a conflict of interest, but I feel at this point, maybe that the time is worth it to share this with you.
CHAIRMAN MACAULAY: Ms. Dickerson, I thank you very much. I might note, it is my understanding that all of this was included in your Personal Information Data Questionnaire.
MS. DICKERSON: I wasn't sure and I wanted ... I didn't want any
questions about it.
CHAIRMAN MACAULAY: Very good. Thank you very much. All
right, if there is none other for the candidates from the Second Congressional District, if you would, wait just a moment while we look at the Sixth Congressional District. Mr. Garrison, if you would, please, come around. If you would raise your right hand. Do you swear or affirm that the testimony you will give this morning will be the truth the whole truth and nothing but the truth?
MR. GARRISON: Yes, sir.
CHAIRMAN MACAULAY: Thank you very much. Again, I'll ask you the same questions. Now that you're under oath, do you affirm that the responses to the Personal Data Questionnaire are true and complete?
MR. GARRISON: Yes, sir.
CHAIRMAN MACAULAY: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. GARRISON: None whatsoever. I just had a physical.
CHAIRMAN MACAULAY: What is your occupation?
MR. GARRISON: I'm President of Garrison Pest Control and a
retired county magistrate, after twenty-four years.
CHAIRMAN MACAULAY: Have you ever been discharged from any employment?
MR. GARRISON: No, sir.
CHAIRMAN MACAULAY: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MR. GARRISON: Yes, sir, I plan to attend all of them.
CHAIRMAN MACAULAY: Do any of your businesses have contracts with the state or federal government?
MR. GARRISON: Yes, sir, on an open bid to Francis Marion
College.
CHAIRMAN MACAULAY: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
MR. GARRISON: No, sir.
CHAIRMAN MACAULAY: Would you be able to put in the time
necessary to serve on the Board?
MR. GARRISON: Yes, sir.
CHAIRMAN MACAULAY: Do you or any member of your family have any business interests that would present a conflict of interest in your holding this position?
MR. GARRISON: No, sir.
CHAIRMAN MACAULAY: Are you or any member of your immediate family related to anyone affiliated with the Health and Human Services Finance Commission?
MR. GARRISON: No, sir.
CHAIRMAN MACAULAY: Do you now hold any public position of
honor or trust that if elected to the Board would cause you to violate the Dual Officeholding Clause of the Constitution?
MR. GARRISON: I'm on the County Planning Commission, but I'm
planning to resign from that.
CHAIRMAN MACAULAY: All right. Thank you very much, Mr.
Garrison. Are there any questions from the members of the Committee?
SENATOR WASHINGTON: Yes, Mr. Chairman.
CHAIRMAN MACAULAY: Senator Washington.
SENATOR WASHINGTON: Mr. Garrison ...
MR. GARRISON: Yes, sir.
SENATOR WASHINGTON: You said you were a magistrate?
MR. GARRISON: Yes, sir.
SENATOR WASHINGTON: Sir, do you have any kind of experience or working relationship with healthcare services or Head Start, daycare or Medicare or those programs that Health and Human Services Finance Commission is responsible for through DSS and all the other state agencies? What kind of experience have you had in working relationships with those types of programs?
MR. GARRISON: I've listened to people's problems for forty-four
years, from family problems ... as a country magistrate we handled it all.
SENATOR WASHINGTON: That's a little different when you start
talking about listening to their legal problems or ...
MR. GARRISON: Well, you had to try to give them some advice
on where to go and try to help them get services. I had a good working relationship with different parties.
SENATOR WASHINGTON: What's your philosophy as it relates to the antipoverty programs or the healthcare program or welfare program or the food stamp program or ... can you tell us a little bit of how you feel about those programs?
MR. GARRISON: I feel like we should help, but I feel like we
should make services where the people can kind of help themselves, make them more independent. I don't think we do enough for the citizens in this area.
SENATOR WASHINGTON: I don't have any more questions.
CHAIRMAN MACAULAY: Thank you Senator. Are there any other questions from members of the Committee?
REPRESENTATIVE HOUCK: Let me ask you, isn't your brother ...
CHAIRMAN MACAULAY: Representative Houck.
REPRESENTATIVE HOUCK: Your brother is the Captain of the
Highway Department?
MR. GARRISON: First cousin.
REPRESENTATIVE HOUCK: He's your first cousin, okay.
MR. GARRISON: He's retired.
REPRESENTATIVE HOUCK: He's retired?
MR. GARRISON: Yes, sir.
REPRESENTATIVE HOUCK: Is he retired?
MR. GARRISON: Yes, sir.
REPRESENTATIVE HOUCK: I didn't realize ...
MR. GARRISON: He's still drawing a check, but he hasn't ...
he's still doing vacation.
CHAIRMAN MACAULAY: Are there any further questions of Mr.
Garrison? Again, Mr. Garrison, if you would, wait for a few moments to see if we have anything else from the Committee, then we will be through with you all.
MR. GARRISON: Thank you.
SENATOR HELMLY: Mr. Chairman, may I ask a question that will
show a little of my ignorance?
CHAIRMAN MACAULAY: All right. Senator Helmly.
SENATOR HELMLY: In the case of the at-large district, Mr.
Simpson, is his ... I should have researched this prior to this morning. Has his term expired, because according to the manual he's a 1992 person? He's the at-large person, but his term expires ...
MS. COLEMAN: He's the Chairman.
SENATOR HELMLY: He's the Chairman?
CHAIRMAN MACAULAY: I think he's appointed by the Governor.
SENATOR HELMLY: So, his term would not be in this decision ...
MS. DICKERSON: I have inquired since I was a candidate, before
I became a candidate, I inquired when I saw, too, his term expires in '92. He's a very good Chair and I wanted to serve on a Commission that worked smoothly. So, I understand that he's going to be reappointed by the Governor and will probably continue to chair the Commission. But, you're right, his term is out, but he is supposed to be reappointed.
CHAIRMAN MACAULAY: I believe that point is settled. All right,
the Chair will entertain a motion, I think, unless we have - does the Committee have any further questions or any action at this time - that the Committee stand in recess until we can meet again. I think we are about to get a full compliment, but I would like to, since we had to meet early in the morning, maybe just to have a meeting later where we can see if we can't get a full membership. I think that would be Representative Rama and Senator Peeler, so, if we could ... or is there anything else that the Committee would like to hear at this point?
SENATOR HELMLY: Mr. Chairman, I would like to ...
CHAIRMAN MACAULAY: Senator Helmly.
SENATOR HELMLY: One remark to these people who ... I have a
fondness of this Commission, since I was one of the ones who helped create it and I want to compliment you on your willingness to come forward and serve on a Committee that is not the easiest thing you could have asked to serve on. There are many others where there are more glamour and probably more reward, but there are a number of rewards in serving people who are in need. I would like to congratulate you for being willing to submit yourself to that and coming this morning.
CHAIRMAN MACAULAY: If there aren't any matters that ... the
Chair would also entertain a motion for Executive Session. If there's no motion for Executive Session, then a motion ...
SENATOR WASHINGTON: I so motion.
CHAIRMAN MACAULAY: Oh. Motion for Executive Session. All
those in favor indicate by saying I.
SENATOR WASHINGTON: I.
SENATOR HELMLY: I.
REPRESENTATIVE CHAMBLEE: I.
REPRESENTATIVE BROWN: I.
REPRESENTATIVE HOUCK: I.
CHAIRMAN MACAULAY: The I's have it. So ordered. If we could ask you to please excuse us one more time.

CHAIRMAN MACAULAY: Ladies and Gentlemen, again, I appreciate you all bearing with us this morning. We will recess until the other two members of the Committee have the opportunity to join us before we take any action on the screening. However, we would like to ask Mr. Brown, our attorney, to give some instructions on what you need to be aware of as far as filings that will be necessary.
MR. BROWN: There's a new provision of the Ethics Act I just
wanted to point out to the candidates. It says, "A person running for office elected by the General Assembly must file a report with the Chairman of the Senate Ethics Committee and the Chairman of the House Ethics Committee of money in excess of $100.00 spent by him or on his behalf in seeking the office." And excluded from that are certain lodging and other things, but there's no set form for that but I just ... it's 8-13-920, and if you call, Ms. Coleman will be happy to provide you with any assistance we can in that regard. The only other item, since the Committee has not formally put the question of qualification and made that determination, there is a prohibition against seeking pledges or commitments prior to that time and I'm sure you probably are already aware of that, but I just wanted to put it on the record. Since that hasn't happened you might want to take that into consideration in whatever contacts you make.
CHAIRMAN MACAULAY: You are not to receive or seek any
commitments at this time. I apologize for the delay but it's something I think that's important that we have the full Committee an opportunity to consider before we do make our decision. All right. Entertain the motion to recess.
SENATOR WASHINGTON: I so motion.
CHAIRMAN MACAULAY: All those in favor indicate by saying I.
SENATOR WASHINGTON: I.
SENATOR HELMLY: I.
REPRESENTATIVE CHAMBLEE: I.
REPRESENTATIVE BROWN: I.
REPRESENTATIVE HOUCK: I.
CHAIRMAN MACAULAY: The I's have it. So ordered.
(There being no further questions or motions, the hearing concluded at 11:10 a.m.)

Continuation of Hearing to review candidates for the South Carolina Health and Human Services Finance Commission, taken on the 14th day of May, 1992, in Room 307 of the Gressette Building, Columbia, South Carolina, before Patricia Hall, Court Reporter and Notary Public, in and for the State of South Carolina.

COMMITTEE MEMBERS PRESENT:

Senator Alex Macaulay, Chairman

Senator McKinley Washington, Jr.

Senator Robert L. Helmly

Senator Harvey S. Peeler, Jr.

Representative William S. Houck, Jr.

Representative Joe E. Brown

Representative John C. Rama

STAFF PRESENT:
Hogan Brown, Counsel
Susan Coleman
Leila Isgett

CANDIDATES FOR SCREENING:
SECOND CONGRESSIONAL DISTRICT
Nettie Dickerson
West Columbia, S.C.

Sherrill Hampton
Orangeburg, S.C.

FOURTH CONGRESSIONAL DISTRICT
Frederick Furman Carpenter
Greenville, S.C.

SIXTH CONGRESSIONAL DISTRICT
Ralph W. Garrison, Sr.
Florence, S.C.

CHAIRMAN MACAULAY: We are about even, we have three House members and three Senators. This should be a fairly short meeting, except we have some things that we do need to consider. In talking to the Court Reporter, I would ask you to use your microphones, and in order to avoid any confusion with more than one person talking at one time, if you would, address the Chair if you have any questions for someone or for discussion. The first thing I think that we should take up is really one of the problems that we have with the process that we're going through right now with Congressional Reapportionment. I have asked Mr. Brown, if he would, just to kind of briefly explain what the situation is to see if the Committee in any way wants to address it or at least see if there is any consideration the Committee would like to give to it. Mr. Brown.
MR. BROWN: Mr. Chairman, just to summarize briefly, there is
not a whole lot of law that exists as to what has happened in the past or what should happen relative to the new Congressional districts adopted by the Court a couple of weeks ago. The first comment I think I would make would be simply that new Congressional districts would not go into effect until November. My personal opinion is that the uncertainties relating to these Congressional districts would argue in favor of maintaining the current districts in terms of selecting Representatives for a number of reasons, first of which, the time for the appeal has not run. There could conceivably be appeal up to June 1st. Even after the election in November, there is nothing to prevent the General Assembly from changing the districts for the subsequent election. There's even a bill still pending before the Conferees, if the Conferees reported out something and it was adopted, it could be changed. Not that I believe that any of those are likely events, but just to point out that it is far from certain what may or may not happen through November and even if the elections were to be held pursuant to those districts, pending the outcome of an appeal, there could be a change sometime in the next year. Also, since this could affect several different boards and commissions, it would seem to me that the General Assembly would be well advised to deal with it collectively, as opposed to each individual screening committee having different outcomes depending upon the circumstances. At the time these notifications went out, everyone knew the districts from which they were going to be seeking to seat. To change and go back, or go to the new districts, there may well be someone in a district now that wasn't before that might want to seek a candidacy, and so that might, particularly given the time that we have left in the session, might create a problem. And sort of the last uncertainty is if a Cabinet form of government is adopted. This Board may no longer be in existence if that were to happen, so, the whole thing may be moot for that reason. There is nothing that I've seen - there's one case from 1937 -which in any way limits the ability of the General Assembly to change, modify terms, or address this in any way. There's no property right vested by virtue of being elected to any seat. So, the General Assembly's power is essentially preliminary and for that reason, I don't think you would have problems with even terms to change; to go to a two year term for one person and stagger or to balloon up or to address it in any way the General Assembly may feel appropriate in the next Legislative Session.
REPRESENTATIVE RAMA: Mr. Chairman.
CHAIRMAN MACAULAY: Mr. Rama.
REPRESENTATIVE RAMA: Based on the candidates that are before us right now, which Congressional Plans are they within? Are there problems where someone may be in a Congressional Plan that may change, and if there are problems, could you tell us which candidates those are and what Congressional Plan they would be in?
MR. BROWN: Ms. Sherrill Hampton, who submitted her notice and
intent for Congressional Seat Number Two is now in the Sixth Congressional District, which would actually make her a candidate for the seat that Mr. Garrison is seeking. So, it would definitely affect in this instance how the candidates would ...
REPRESENTATIVE RAMA: But it only affects one candidate?
CHAIRMAN MACAULAY: Well, two candidates.
REPRESENTATIVE RAMA: Two candidates. Mr. Garrison would still be in the Sixth Congressional District.
MR. BROWN: He's still in the Sixth. It would just affect who's
in which race.
REPRESENTATIVE RAMA: As for your point on the Cabinet form of government, I think we're a little premature in that in the sense that I think we're at least a year or two off from ... at least two years off from a Cabinet form of government, so, I don't know if that's as valid or as much of a problem as ... but I appreciate you making us aware of that.
MR. BROWN: I only mentioned it really in terms of there are
many uncertainties that impact this and it will be impossible for anyone to know right now what may or may not happen.
REPRESENTATIVE RAMA: Is there no precedence for the last time Reapportionment occurred, ten years ago?
MR. BROWN: There is no Attorney General's opinions, there are
no court cases as a result of that that I was able to find. The General Assembly, in at least one instance with a PSC from a number of years ago chose to stay with seven congressional seats even when South Carolina no longer had seven congressional seats. So, what you're really dealing with in my opinion is a fictional concept anyway in the sense that you're just deciding to spread representation more across the State than any sort of equal protection or apportionment of seats as such, et cetera. To spread out and not have them concentrated, not that you're deciding that you should be represented by 581,000 people or some specific number.
CHAIRMAN MACAULAY: Mr. Rama, if I might sort of reflect for a moment. This year we abolished a whole board, DSS. So, I think that really, and perhaps this is what we should perceive here, this is not anything this Committee could do that would be binding on anyone else, other than just our procedure here. But I think that it is something we should be aware of and the candidates, obviously, would have to be aware of it, too, that sometime in the future by general law something could occur, whether it involves both Houses of the General Assembly or whether it's the Governor.
SENATOR HELMLY: Mr. Chairman.
CHAIRMAN MACAULAY: Senator Helmly.
SENATOR HELMLY: I believe that it is our assigned
responsibility to be able to screen as advertised and under the existing statutes.
CHAIRMAN MACAULAY: So, that would be a motion to accept the information we have received for that purpose. All those in favor, indicate by saying, I. The I's have it. All right. Representative Rama asked me what was going to be involved. I did not realize or did not think at the time, we have ... as all things, the best laid plans, all sorts of things at any time can go astray. When the notices closed, the time for filing intents closed, we had no candidate from the Fourth Congressional District. Since that time, a candidate has come forward and submitted his ... is the filing now complete as far as the paperwork?
MR. BROWN: Yes, Mr. Chairman, it is.
CHAIRMAN MACAULAY: All right. So, then we do have a complete filing for the Fourth District, however, it came after the notice times and I would ask one of you, I guess, Mr. Brown, have you had an opportunity to look at this question to see if we have any limitations or restrictions as to what we can do or what our options might be?
MR. BROWN: Mr. Chairman, in the packaging material, the first
page in the Code Sections that were copied for the Committee, Title 44-6-10 provides that, "Any person desiring to offer as a candidate for a position as a member of a commission shall be screened and reviewed by the Joint Legislative Screening Committee pursuant to Chapter Nineteen, Title Two." So, clearly, within the Health and Human Services Finance Commission provision, screening was contemplated and specifically provided for even though there was a general statute. The only timeframe, the only two time considerations are really the time at which the testimony and findings of this Committee would have to be submitted to the Journal to be published so that the other members will have the opportunity to review it. That's one and that can easily and clearly be met by what the Committee is doing and intends to do. The other consideration in the new Ethics law, a provision that really mirrors the old law and I brought forward, which says on the last page of the materials which were copied for you, a Statement of Economic Interest must be filed ten days prior to the election of someone who seeks an office filled by election of the General Assembly or that's merely on the advice and consent of the Senate. That's 8-13-910 and it says in relevant part, "No person who is a candidate for public office which is filled by election by the General Assembly may be voted upon by the General Assembly or either House thereof until at least ten days following the date on which the candidate filed the Statement of Economic Interest as to find in that chapter with the Senate Ethics and House Ethics Committee." And as a matter of standard practice, when Statements of Economic Interest are forwarded to the Committee, we in turn file on behalf of the candidate with the respective committee. And we did even in the case of Mr. Carpenter just because that was standard, not that it would prejudice anyone's rights or ability to do anything, and leave it open for the Committee to decide whether it felt like it was appropriate. There have actually been in the past, people who have been nominated from the floor who have been found not to be qualified, so, I think there is some question as to whether a candidate who was nominated from the floor, whether that would be appropriate, but that's really a decision for Joint Assembly and ultimately the presiding officer, not for the Committee to decide.
REPRESENTATIVE RAMA: Mr. Chairman.
CHAIRMAN MACAULAY: Mr. Rama.
REPRESENTATIVE RAMA: I would like to make a motion that we
accept the application of Mr. Carpenter.
CHAIRMAN MACAULAY: The motion has been made that we accept the application of Mr. Carpenter. I believe he's present this morning and we can conduct his screening at this time.
SENATOR HELMLY: Second.
CHAIRMAN MACAULAY: Senator Helmly seconds the motion. All those in favor indicate by saying, I. Opposed, no. The I's have it, so let's move with that if we could. Mr. Carpenter, would you come around to the desk and have a seat? Raise your right hand, please. Do you swear or affirm the testimony you will give this morning will be the truth and nothing but the truth?
MR. CARPENTER: I do.
CHAIRMAN MACAULAY: Thank you. Mr. Carpenter, now that you are under oath and we have a copy of your Personal Data Questionnaire, do you affirm the answers to the Personal are true and complete?
MR. CARPENTER: I do.
CHAIRMAN MACAULAY: Do you have any health-related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
MR. CARPENTER: No, sir, I do not.
CHAIRMAN MACAULAY: What is your occupation?
MR. CARPENTER: I am Vice President and Senior Commercial
Lending Officer with American Federal Bank in Greenville.
CHAIRMAN MACAULAY: Have you ever been discharged from any employment?
MR. CARPENTER: No, sir, I have not.
CHAIRMAN MACAULAY: Considering your present occupation and other activities, would you be able to attend board meetings on a regular basis?
MR. CARPENTER: Yes, sir, I have the support of my employer to
do so.
CHAIRMAN MACAULAY: Do any of your businesses have contracts with the state or federal government?
MR. CARPENTER: No, sir, they do not.
CHAIRMAN MACAULAY: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
MR. CARPENTER: No, sir.
CHAIRMAN MACAULAY: Would you be able to put in the time
necessary to serve on the Board?
MR. CARPENTER: Yes, I would.
CHAIRMAN MACAULAY: Do you or any member of your family have any business interests that would present a conflict of interest in your holding this position?
MR. CARPENTER: No, sir.
CHAIRMAN MACAULAY: Are you or any member of your immediate family related to anyone affiliated with the Health and Human Services Finance Commission?
MR. CARPENTER: Not to my knowledge.
CHAIRMAN MACAULAY: Do you now hold any public position of
honor or trust that if elected to the Board would cause you to violate the Dual Officeholding Clause of the Constitution?
MR. CARPENTER: I do not think I do.
CHAIRMAN MACAULAY: Do you hold any sort of public office?
MR. CARPENTER: Not public elected office, no, sir. I'm on a
couple of social service boards that are United Way agencies.
CHAIRMAN MACAULAY: All right. Are there any questions from the Committee? Representative Rama.
REPRESENTATIVE RAMA: Mr. Carpenter, tell me briefly what your interests are in this Commission, why you want to serve.
MR. CARPENTER: Well, for the nineteen years since I graduated
from the University of South Carolina and entered the business community, most of my volunteer roles in the Greenville area have been related to things that have to do with human services. My Resume of Activities on my application summarizes a lot of those kinds of things. And I feel like my experience as a banker, my financial experience and as a businessman, coupled with the experience that I've gain in serving in a number of volunteer roles and capacities and on board seats and as president of agencies, local United Way type agencies, gives me a unique qualification to serve on this Commission.
REPRESENTATIVE RAMA: Do you have knowledge of the workings of this Commission?
MR. CARPENTER: Yes, sir, I do. I'm aware of the fact that one
of the primary tasks of this Commission is, for lack of a better word, the distribution of federal dollars and matching state dollars for such purposes as Medicaid.
REPRESENTATIVE RAMA: How long have you been interested in
serving on this Commission? You are a late filer and I just ...
MR. CARPENTER: I've been aware that the Commission exists for
a number of years, and knowledge, I guess, coming mostly from some of the things I do involved here as well as business dealings in the healthcare industry and knowledge that this Commission administers the funding for a number of those.
REPRESENTATIVE RAMA: Thank you.
CHAIRMAN MACAULAY: Are there any other questions from
members of the Committee? All right. Very good. Thank you, Mr. Carpenter.
MR. CARPENTER: Thank you, sir.
CHAIRMAN MACAULAY: Before we get to the final consideration of the members, there was one question that seemed to come up on a candidate and I think that a letter has been placed in our file in response to a question, just about circumstances. Is there any further information or questions now at this time that needs to be addressed as to any of the candidates?
REPRESENTATIVE BROWN: Mr. Chairman.
CHAIRMAN MACAULAY: Representative Brown.
REPRESENTATIVE BROWN: This is my question, I noticed the
Statement of Economic Interest Form was not signed. Is there any reason for not having a signature?
CHAIRMAN MACAULAY: Is that Mr. Carpenter's?
REPRESENTATIVE BROWN: Yes.
MS. COLEMAN: That could have been due to my error. I picked
up a copy at the last minute when we were making copies. I do have the original in my office. I can certainly get you a copy of the signed copy.
REPRESENTATIVE RAMA: Mr. Chairman.
CHAIRMAN MACAULAY: Representative Rama.
REPRESENTATIVE RAMA: This letter that we have here from Ms.
Hampton, I believe it was Dr. Houck that asked the question of her reasons that she was terminated. I have this letter, all of us have this letter before us. Did she answer the question to everyone's satisfaction?
REPRESENTATIVE HOUCK: I don't have the letter.
REPRESENTATIVE RAMA: I still have questions. I don't know that she's answered the question directly in this letter. Did she? Am I reading it wrong?
CHAIRMAN MACAULAY: I think when we have something like this, the response has to speak for itself. Obviously, this is the reply that has been made. I don't know if any later question was directly addressed to her. I think this was something that she ...
REPRESENTATIVE HOUCK: She volunteered it.
CHAIRMAN MACAULAY: ... volunteered on her own.
REPRESENTATIVE RAMA: Well, I read the transcript and that's
where I had the question. When I looked at that letter it just looked like there was a hole in her statement. I was just wondering if it was filled in in the Executive Session or ...
CHAIRMAN MACAULAY: No, I don't believe we had any candidates back in Executive Session. Executive Session was used just for the members of the Committee to discuss various matters. Any further discussion?
REPRESENTATIVE BROWN: Just one question.
CHAIRMAN MACAULAY: Representative Brown.
REPRESENTATIVE BROWN: I know that we've accepted the
application, but I just want to find out, do we have a person who is in this particular position at the present time, running for re-election?
CHAIRMAN MACAULAY: Representative Brown, it is my
understanding and I stand to be corrected, but that, yes, there is somebody who is presently serving but they have not opted for reappointment.
MS. COLEMAN: I think they've served two terms.
CHAIRMAN MACAULAY: Oh, they have served two terms and would be ineligible for reappointment. As I mentioned earlier, though, nobody filed until we had Mr. Carpenter to file late. We have no other application. Of course, I understand that until a candidate is elected and duly qualified, that of course, the incumbent continues to serve, but cannot be reappointed by the law that limits them to serve only two terms. Any further questions?
SENATOR PEELER: Mr. Chairman.
CHAIRMAN MACAULAY: Senator Peeler.
SENATOR PEELER: I apologize that I wasn't able to attend the
Tuesday morning meeting. I have a couple of questions that I would like to ask the Committee, but I would like to ask those questions in Executive Session when we complete our work, our open work. I would move the we have an Executive Session before we adjourn.
CHAIRMAN MACAULAY: Senator Peeler, as far as I know and the
agenda I had intended to follow this morning, the next thing would be the final consideration of the qualification of candidates. Would you would like to move that we go into Executive Session ...
SENATOR PEELER: Prior to that.
CHAIRMAN MACAULAY: ... prior to that time?
SENATOR PEELER: Yes, sir.
CHAIRMAN MACAULAY: Senator Peeler moves that we go into
Executive Session. All those in favor, indicate by saying, I. Opposed, no. The I's have it, so, if we could, clear the room, please.

SENATOR HELMLY: Mr. Chairman.
CHAIRMAN MACAULAY: Senator Helmly.
SENATOR HELMLY: I would move that all of the candidates that
we have screened, since there is nothing significant to prevent them from being qualified, I would move that it's proper that we order that these candidates are qualified, duly qualified.
CHAIRMAN MACAULAY: The motion is that each of the candidates that we have screened, which are Ms. Sherrill Hampton and Ms. Nettie Dickerson from the Second Congressional District, Mr. Fredrick Carpenter from the Fourth Congressional District, and Mr. Ralph Garrison from the Sixth Congressional District be favorably reported as being qualified to be candidates for the Health and Human Services Finance Commission.
REPRESENTATIVE RAMA: Second.
CHAIRMAN MACAULAY: Second by Representative Rama. All those in favor of the motion, indicate by saying, I.
CHAIRMAN MACAULAY: Opposed, no. The I's have it.
SENATOR HELMLY: I think we should at least reflect that Mr.
Carpenter's screening process was a little late. I don't think we should make a big issue out of it, but we don't want somebody to say, did you do something, we have at least the record reflecting that. I think we're doing the right thing ...
CHAIRMAN MACAULAY: I think that when we file the transcript
that it will indicate the proceedings that we had this morning in order to ultimately ...
SENATOR HELMLY: I think we did the right thing.
CHAIRMAN MACAULAY: It will be included in the transcript for
the members of the General Assembly. Do I hear a motion that we now adjourn?
SENATOR PEELER: So moved.
CHAIRMAN MACAULAY: Motion by Senator Peeler. All those in
favor, indicate by saying I.
CHAIRMAN MACAULAY: Thank you very much.
(There being no further matters, the hearing was adjourned at 10:10 a.m.)

Having completed the investigation as required by the Act, the committee, by this report, respectfully submits its findings to the members of the General Assembly for their consideration.

This committee has investigated each of the applicants, conducted a public hearing on May 12, 1992, and duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the nominees to be legally qualified as candidates for the South Carolina Health and Human Services Finance Commission.

Respectfully submitted,
/s/Senator Alexander S. Macaulay, Chairman     /s/Rep. W. S. Houck, Jr.
/s/Senator Robert L. Helmly     /s/Rep. Joe E. Brown
/s/Senator McKinley Washington, Jr.     /s/Rep. C. D. Chamblee
/s/Senator Harvey S. Peeler, Jr.     /s/Rep. John Rama

On motion of Rep. RAMA, the Report was ordered printed in the Journal.

The following was received and referred to the appropriate committee for consideration.
Document No. 1467
Promulgated By Department of Health and Environmental Control
X-rays (Title B)
Received By Speaker May 19, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date September 16, 1992

The following was received.
Columbia, S.C., May 14, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Stilwell and Washington of the Committee of Free Conference on the part of the Senate on H. 3550:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
Very respectfully,
President

No. 392

Received as information.

The following was received.
Columbia, S.C., May 14, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3550:
H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.
Very respectfully,
President

No. 093

Received as information.

The Senate returned to the House with amendments the following.

H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.

Rep. WILKINS explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1390 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3843 -- Reps. L. Martin, Burriss, Hayes, Fair, Wells and Harvin: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE REFERENCES TO ALCOHOLIC BEVERAGES TO REGULATED BEVERAGES, REVISE DEFINITIONS AND REQUIREMENTS PERTAINING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL ACT, LICENSES AND PERMITS, THE TRANSPORTATION, POSSESSION, CONSUMPTION, SALE, MANUFACTURE, AND IMPORTATION OF REGULATED BEVERAGES, OFFENSES, AND PENALTIES, AND DELETE OBSOLETE LANGUAGE; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12, RELATING TO PRODUCERS AND WHOLESALERS OF BEER AND WINE.

Ordered for consideration tomorrow.

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

H. 4727 -- Reps. Beasley, Wright, Rama, Felder, Wofford, Keegan, McCraw, Baxley, H. Brown, P. Harris, Smith, Nettles, Wilder, McLeod, Hendricks, Council, Townsend, Phillips, A. Young and G. Brown: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING LOBBYISTS AND LOBBYING, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 17 OF TITLE 2, AND TO LIMIT THE DEFINITION OF "LOBBYIST'S PRINCIPAL" TO THOSE BRANCHES AND AGENCIES OF GOVERNMENT TO WHICH A PERSON HAS AUTHORIZED A LOBBYIST TO LOBBY; TO AMEND SECTIONS 2-17-20, AS AMENDED, AND 2-17-25, RELATING TO THE REQUIREMENT THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS REGISTER WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT A LOBBYIST PRESENT TO THE SECRETARY OF STATE WITH HIS REGISTRATION FEE A COMMUNICATION REFLECTING THE AUTHORITY OF THE REGISTRANT TO REPRESENT THE PERSON BY WHOM HE IS EMPLOYED, APPOINTED, OR RETAINED AND REQUIRE LOBBYISTS AND LOBBYIST'S PRINCIPALS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY IN WHICH LOBBYISTS WILL BE AUTHORIZED TO ENGAGE IN LOBBYING ON BEHALF OF THE LOBBYIST'S PRINCIPALS; TO AMEND SECTION 2-17-45, RELATING TO THE REQUIREMENT THAT AN ENTITY WHICH RANKS OR RATES THE ACTIONS, VOTE, OR FAILURE TO ACT OR VOTE, OF THE GOVERNOR, THE LIEUTENANT GOVERNOR, A MEMBER OR COMMITTEE OF THE GENERAL ASSEMBLY AS TO ANY ACTION OR FAILURE TO ACT OR VOTE BY THESE PUBLIC OFFICIALS FILE A REPORT WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT THE REPORT CONTAIN EACH MEMBER OF THE ENTITY WHO IS A MEMBER OF THE GENERAL ASSEMBLY AND EACH MEMBER OF THE ENTITY WHO IS A LOBBYIST OR LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-60, AS AMENDED, RELATING TO THE DUTIES OF THE SECRETARY OF STATE UNDER THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE HIM TO ISSUE ADVISORY OPINIONS IN ALL MATTERS AFFECTING THIS CHAPTER; TO AMEND SECTIONS 2-17-80, 2-17-90, AND 2-17-110, RELATING TO THE PROHIBITION AGAINST A LOBBYIST OR LOBBYIST'S PRINCIPAL SOLICITING, FACILITATING, OR PROVIDING LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, BEVERAGE, MONEY, OR ANYTHING OF VALUE TO CERTAIN PUBLIC OFFICIALS, AND THE PROHIBITION AGAINST A LOBBYIST, A LOBBYIST'S PRINCIPAL, OR A PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL FROM OFFERING, FACILITATING, OR PROVIDING A LOAN TO OR ON BEHALF OF CERTAIN PUBLIC OFFICIALS, SO AS TO DELETE THE REFERENCES TO "FACILITATE" AND "PUBLIC EMPLOYEE"; TO AMEND SECTION 2-17-150, RELATING TO THE STATUTE OF LIMITATIONS ON A VIOLATION OF THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HAVE EXCLUSIVE JURISDICTION TO PROSECUTE VIOLATIONS UNDER THIS CHAPTER; TO AMEND SECTION 8-13-100, RELATING TO DEFINITIONS REGARDING ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 13 OF TITLE 8; TO AMEND SECTION 8-13-320, RELATING TO THE POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT ADVISORY OPINIONS OF THE COMMISSION ARE BINDING ON IT IN ANY SUBSEQUENT CHARGES CONCERNING OTHER PERSONS WHO REASONABLY RELIED UPON AN ADVISORY OPINION IN GOOD FAITH; TO AMEND SECTIONS 2-17-100 AND 8-13-715, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE RECEIVING ANYTHING OF VALUE FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP WHILE ACTING IN AN OFFICIAL CAPACITY, SO AS TO DELETE REFERENCES TO "PUBLIC EMPLOYEE" AND AUTHORIZE THESE PERSONS TO HAVE PAYMENTS MADE ON THEIR BEHALF FOR ACTUAL EXPENSES INCURRED FOR A SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-740, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OR CERTAIN PERSONS WITH WHOM THESE PERSONS ARE ASSOCIATED FROM KNOWINGLY REPRESENTING ANOTHER PERSON BEFORE A GOVERNMENTAL ENTITY, SO AS TO CLARIFY THE PROVISIONS THAT PROHIBIT THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OF A COUNTY OR MUNICIPALITY FROM KNOWINGLY REPRESENTING A PERSON BEFORE ANY AGENCY UNIT OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY; AND TO AMEND SECTION 8-13-1312, RELATING TO THE PROHIBITION AGAINST A CANDIDATE ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT AND ONE SAVINGS ACCOUNT, SO AS TO AUTHORIZE THE CANDIDATE TO ESTABLISH MORE THAN ONE CAMPAIGN SAVINGS ACCOUNT WHICH MUST BE REPORTED PURSUANT TO THE PROVISIONS OF SECTION 8-13-1360.

Ordered for consideration tomorrow.

The following was introduced:

H. 4855 -- Reps. Kinon, J. Harris, Quinn and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF S. SCOTT GRIFFIN AS A MEMBER OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY FROM 1985 UNTIL DECEMBER, 1991.

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

The following was introduced:

H. 4856 -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE NEARLY TWENTY YEARS OF EXCELLENT AND DEDICATED SERVICE OF ROBERT SNEAD OF ANDERSON COUNTY AS PRINCIPAL OF BELTON-HONEA PATH HIGH SCHOOL, AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 1554 -- Senator Stilwell: A CONCURRENT RESOLUTION CONGRATULATING SANDRA WELCH OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ON THE COMMENCEMENT OF HER TERM AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS FOR 1992-93.

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

The Senate sent to the House the following:

S. 1555 -- Senators Robert W. Hayes, Jr., Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.

Whereas, our colleague, Samuel R. Foster, has decided not to seek re-election from House District 49 in York County; and

Whereas, Representative Foster was recently elected to serve on the Employment Security Commission; and

Whereas, Mr. Foster has served with great distinction since he was elected to the House in 1981; and

Whereas, as a member of the York County Delegation, he has been a strong voice in the General Assembly for all the citizens of York County; and

Whereas, Mr. Foster has been a capable and exemplary member of the House Invitations Committee, currently serving as its chairman; and

Whereas, he has served on many associations and commissions including the Governor's Task Force on Educational Reform, York Technical College Commission, and the Governor's Task Force on Educational Accountability; and

Whereas, he is a former member of the Board of Directors of Rock Hill Board, C & S National Bank; and

Whereas, Mr. Foster served as President of the South Carolina Association of School Administrators, as Assistant Superintendent for Rock Hill School District 3, and Principal of Northwestern High School; and

Whereas, this hard-working and amiable leader will be sorely missed by all with whom he came in contact. Now, therefore,

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

That the members of the General Assembly commend our colleague, Samuel R. Foster of York County, for his distinguished service as a member of the House of Representatives and wish him the best in his new position on the Employment Security Commission.

Be it further resolved that a copy of this resolution be forwarded to Samuel R. Foster.

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

The following was introduced:

H. 4857 -- Reps. Waldrop, Sheheen, Beasley, Baxley, J. Brown, Byrd, Corning, Cromer, Harrison, Rogers, Rudnick, Scott, Taylor, Whipper and J. Williams: A CONCURRENT RESOLUTION TO HONOR AND THANK THE LAW FIRM OF NELSON MULLINS RILEY & SCARBOROUGH FOR ITS UNSELFISH SERVICES AND CONTRIBUTIONS OF PRO BONO SERVICES TO THOSE IN NEED IN SOUTH CAROLINA AND TO RECOGNIZE AND CONGRATULATE THIS FIRM FOR RECEIVING THE 1992 AMERICAN BAR ASSOCIATION PRO BONO PUBLICO AWARD.

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

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

H. 4858 -- Reps. Gonzales, Rama, H. Brown, Haskins, Holt, Waites, Wright, G. Bailey, Harwell, Wilkes, Beasley, A. Young, Fair, Keegan, J. Williams, Kempe, Chamblee, Harrelson, Wells, R. Young, Clyborne, Vaughn, Wilkins, McTeer, McGinnis, Barber, Rhoad and Bruce: A JOINT RESOLUTION TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION, APPROPRIATE OFFICIAL, OR ACT OF CONGRESS DETERMINES THAT THE PRIOR RATIFICATION BY THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.

Referred to Committee on Judiciary.

H. 4859 -- Rep. McTeer: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 7, 1992, MISSED BY STUDENTS IN HAMPTON SCHOOL DISTRICTS 1 AND 2 DUE TO A BOMB THREAT IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

On motion of Rep. McTEER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.

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

H. 4861 -- Reps. Meacham, Hyatt and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-25-25 AND 16-25-35 SO AS TO INCORPORATE THE ELEMENTS OF THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE IN THE NEW CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO REQUIRE THAT A PRESENTENCE INVESTIGATION BE CONDUCTED BEFORE ANY SENTENCING TO DETERMINE THE STATE OF MIND OF THE OFFENDER; TO AMEND SECTION 16-25-30, RELATING TO THE PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO CREATE TWO NEW OFFENSES AND CLASSIFY THESE AND THE EXISTING OFFENSES AS DEGREES OF CRIMINAL DOMESTIC VIOLENCE AND PROVIDE A PENALTY FOR VIOLATION,TO PROVIDE THAT WHEN A PERSON WHO VIOLATES THE PROVISIONS OF SECTION 16-25-20 FOR A FIRST OFFENSE THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC USE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITING OR FORMERLY COHABITING"; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES IN THIS ACT; AND TO REPEAL SECTIONS 16-25-40 AND 16-25-60 RELATING TO THE PENALTY AND SUSPENSION OF SENTENCE FOR A THIRD CONVICTION OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE).

Referred to Committee on Judiciary.

H. 4862 -- Rep. Gentry: A JOINT RESOLUTION TO DESIGNATE THE ROAD BETWEEN U.S. HIGHWAY 178 AND S41-57 AND U.S. HIGHWAY 178 AND S41-189 AS HOLSTON CROSSROADS AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE APPROPRIATE MARKERS.

Referred to Committee on Invitations and Memorial Resolutions.

S. 1520 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1545 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT THE KERSHAW COUNTY COUNCIL SHALL PREPARE THE APPROPRIATE IDENTIFYING SIGN AND SCHEDULE A CEREMONY FOR THE NAMING OF THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".

Referred to Kershaw Delegation.

S. 1552 -- Senator Hinson: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.

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

The following was introduced:

H. 4863 -- Reps. Canty, Baxley, G. Brown, McElveen and McLeod: A HOUSE RESOLUTION TO RECOGNIZE MR. JAMES T. MCCAIN OF SUMTER UPON RECEIVING THE "OUTSTANDING OLDER SOUTH CAROLINIAN AWARD" FOR 1992 BY THE SOUTH CAROLINA COMMISSION ON AGING.

The Resolution was adopted.

The following recalled Bill was taken up.

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

Rule 5.12 was waived by a division vote of 47 to 0.

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Barber                 Baxley                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Burch, K.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Council                Cromer
Delleney               Fair                   Farr
Felder                 Fulmer                 Gentry
Hallman                Harrelson              Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   Hyatt                  Inabinett
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Riser                  Rogers                 Ross
Rudnick                Sheheen                Shirley
Shissias               Smith                  Snow
Stoddard               Stone                  Taylor
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilkins                Williams, D.
Williams, J.           Wofford                Wright
Young, A.              Young, R.

I came in after the roll call and was present for the Session on Tuesday, May 19.

William S. Houck                  Timothy C. Wilkes
Michael F. Jaskwhich              Dell Baker
Charles R. Sharpe                 Samuel R. Foster
Stephen E. Gonzales               Herbert Kirsh
C. Lenoir Sturkie                 Ralph W. Canty
Maggie W. Glover                  John L. Scott
Jean L. Harris                    Danny M. Bruce
Joseph B. Wilder                  Douglas Jennings, Jr.
Ronald P. Townsend                Don Beatty
David M. Beasley                  Dick Elliott

The SPEAKER granted Rep. MANLY a leave of absence for this week and next week.

The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the week.

The SPEAKER granted Reps. BEASLEY and SCOTT a temporary leave of absence.

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

The SPEAKER granted Reps. J. HARRIS and JENNINGS a temporary leave of absence.

The SPEAKER granted Rep. RHOAD a leave of absence.

Announcement was made that Dr. Lowery P. King of Charleston is the Doctor of the Day for the General Assembly.

Rep. K. BURCH moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.

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

H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.

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

S. 1441 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.

S. 1265 -- Banking and Insurance Committee: 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.

S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.

Rep. WELLS moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.

Rep. WELLS moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.

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

S. 1037 -- Senators Leventis and Land: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.

H. 4851 -- Reps. Hodges and Boan: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.

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

H. 4852 -- Reps. Inabinett, Hallman, D. Martin, Whipper, J. Bailey and Barber: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO DESIGNATE RIVER ROAD ON JOHNS ISLAND IN CHARLESTON COUNTY AS "RIVER ROAD SCENIC HIGHWAY".

Rep. WRIGHT explained the motion to reconsider.

Rep. WRIGHT moved to adjourn debate upon the motion to reconsider until Thursday, May 28.

Rep. HOLT moved to table the motion to adjourn debate and demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Baxley                 Bennett                Boan
Brown, G.              Brown, J.              Burch, K.
Carnell                Chamblee               Cromer
Delleney               Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harrelson
Holt                   Houck                  Hyatt
Inabinett              Jaskwhich              Kennedy
Keyserling             Kinon                  Kirsh
Martin, D.             Martin, L.             Mattos
McAbee                 McKay                  McTeer
Meacham                Nettles                Rama
Rogers                 Ross                   Sheheen
Shirley                Smith                  Snow
Stoddard               Stone                  Taylor
Waites                 Waldrop                Whipper
White                  Young, R.

Those who voted in the negative are:

Anderson               Baker                  Byrd
Cooper                 Corning                Council
Fair                   Harris, P.             Harrison
Harvin                 Haskins                Hodges
Keegan                 Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, M.             McGinnis               McLeod
Phillips               Quinn                  Riser
Rudnick                Shissias               Tucker
Vaughn                 Wells                  Wilkes
Wright                 Young, A.

So, the motion to adjourn debate was tabled.

The question then recurred to the motion to reconsider.

Rep. HOLT moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Brown, G.
Burch, K.              Carnell                Chamblee
Cooper                 Delleney               Felder
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harrelson
Holt                   Houck                  Hyatt
Inabinett              Jaskwhich              Kennedy
Keyserling             Kinon                  Kirsh
Martin, D.             Mattos                 McAbee
McTeer                 Meacham                Neilson
Rama                   Rogers                 Ross
Sheheen                Shirley                Smith
Snow                   Stoddard               Stone
Waites                 Waldrop                Whipper
White                  Wilkins                Young, R.

Those who voted in the negative are:

Anderson               Byrd                   Canty
Corning                Council                Cromer
Fair                   Harris, P.             Harrison
Harvin                 Keegan                 Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Martin, M.
McLeod                 Phillips               Quinn
Riser                  Rudnick                Shissias
Tucker                 Vaughn                 Wells
Wilkes                 Wofford                Wright

So, the motion to reconsider was tabled.

Reps. WRIGHT, M. MARTIN, RISER, KOON and TUCKER objected to the Bill.

Rep. BAKER moved that the House recede until 2:00 P.M.

Rep. KIRSH moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Baxley                 Boan                   Farr
Harvin                 Hodges                 Houck
Inabinett              Kirsh                  McGinnis
McKay                  McLeod                 Phillips
Rogers

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Brown, G.
Brown, H.              Burch, K.              Byrd
Canty                  Carnell                Chamblee
Cobb-Hunter            Cooper                 Corning
Council                Cromer                 Fair
Felder                 Foster                 Fulmer
Gentry                 Gonzales               Hallman
Harrelson              Harris, P.             Harrison
Hendricks              Holt                   Hyatt
Jaskwhich              Keegan                 Kempe
Kennedy                Keyserling             Kinon
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             McAbee                 McCraw
McTeer                 Meacham                Neilson
Quinn                  Rama                   Ross
Rudnick                Sharpe                 Sheheen
Shirley                Shissias               Smith
Snow                   Stoddard               Stone
Sturkie                Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

So, the House refused to adjourn.

Rep. HARRISON moved that the House recede until 2:15 P.M., which was adopted.

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised.

A quorum was later present.

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

The SPEAKER granted Rep. BEASLEY a temporary leave of absence.

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

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of:
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
Very Respectfully,
President

No. 109

Rep. HARRISON moved to adjourn debate upon the message, which was adopted.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. SHEHEEN having the floor.

H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.

Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, May 20, which was adopted.

Rep. McABEE moved to adjourn debate upon the following Bill until Wednesday, May 20, which was adopted.

S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.

Rep. WRIGHT moved to adjourn debate upon the following Bill until Thursday, May 21, which was adopted.

H. 4496 -- Reps. Wright, Wilder, Baxley, Manly, Kempe, Corning, Sharpe, Waldrop, Wells and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES; TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.

The following Bill was taken up.

S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

Rep. R. YOUNG proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\12486.DW).

Amend the bill, as and if amended, in Section 27-5-130(B), as added in SECTION 1, line 30, by inserting after /inheritance/ /or succession/.

Amend title to conform.

Rep. R. YOUNG explained the amendment and moved to adjourn debate upon the Bill until Wednesday, May 20, which was adopted.

The following Bill was taken up.

H. 4298 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-195 SO AS TO PROVIDE THAT A LICENSED PHYSICIAN MAY NOT REFER A PATIENT FOR TREATMENT OR TESTS TO ANY FACILITY OR ENTITY IN WHICH THE PHYSICIAN HAS A FINANCIAL INTEREST UNLESS THE PHYSICIAN NOTIFIES THE PATIENT IN WRITING OF THE NATURE OF THE FINANCIAL INTEREST AND TO PROVIDE EXCEPTIONS.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 12, by Rep. CORNING.

Rep. CORNING explained the amendment.

Reps. PHILLIPS, CHAMBLEE, L. MARTIN, KENNEDY, COOPER and HENDRICKS objected to the Bill.

The following Bill was taken up.

H. 4814 -- Reps. A. Young, Gonzales, Felder, Wofford, Vaughn, Quinn, Hallman, G. Bailey, Rama, H. Brown, Clyborne, Neilson, Wilkins, Kirsh, Wright, Council, Jennings, Haskins, Chamblee, R. Young, Riser, Meacham, Cooper, Huff, Phillips, Cromer, Houck, Keegan, McTeer, Fair, Marchbanks, K. Burch, Farr and J. Harris: A BILL TO AMEND SECTION 8-13-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE OF POLITICAL CONTRIBUTIONS TO RETIRE CAMPAIGN DEBT, SO AS TO PROVIDE THAT DEBT RETIREMENT CONTRIBUTIONS MAY NOT EXCEED THE CONTRIBUTION LIMITS IMPOSED PURSUANT TO "THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991".

Reps. McELVEEN, ROGERS, WAITES and KEYSERLING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\19243.SD), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION     ____.     Section 8-13-1350 of the 1976 Code is amended to read:

"Section     8-13-1350.     (A)     A candidate for elective office may not use or permit the use of contributions solicited for or received by the candidate for that office to further the candidacy of the individual for a different office as long as the contributions have been received on or before December 31, 1992, and have been transferred to a campaign account for the different office on or before December 31, 1992. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds does not limit in any way a candidate from retaining funds for use in a subsequent race for the same elective office.

(B)     Any assets or funds which are:

(1)     the proceeds of a campaign contribution which are held by or under the control of a public official or a candidate for public office on January 1, 1993; and

(2)     which continue to be held by or under the control of a public official or a candidate for public office on January 1, 1993; are subject to the provisions of subsection (A)."/

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. GONZALES raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the Amendment amended 8-13-50 and the original Bill dealt with restrictions on contributions of retired campaign debts.

The SPEAKER stated that both dealt with contribution limits and funds and how they were to be used although they did deal with different code sections.

Rep. GONZALES stated that the thrust of the original Bill was entirely different from the thrust of this Amendment and it attempted to remedy a different problem.

The SPEAKER stated that one dealt with retiring campaign debts and one dealt with using old campaign funds.

Rep. GONZALES stated that it was excess funds against taking care of a debt.

Rep. McELVEEN argued contra the Point in stating that the Amendment was in the same section.

The SPEAKER stated that the Amendment attempted to broaden the scope of the original Bill which was pretty narrow dealing with retiring an old campaign debt.

Rep. McELVEEN continued to argue contra the Point in stating that the thrust of the Bill and the intentions were the same as in his Amendment.

The SPEAKER stated that the Amendment was not germane and he sustained the Point of Order and ruled the Amendment out of order.

Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\12532.DW), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

SECTION _____.     The 1976 Code is amended by adding:

"Section 8-13-1357.     (A)     A person serving as a paid consultant to a political campaign, whether as an individual, partner, or employee, must register with the South Carolina Secretary of State prior to initiating any services. Registration must be accomplished by written letter, signed by the consultant, advising of his retention by a particular candidate, group, or political party, and the political campaign on which he is working. No person is eligible to serve as a consultant if the person has been convicted of a violation of the ethics or election laws within two years of his application for registration.

(B)     A person failing to file an application for registration or falsifying an application under the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. GONZALES raised the Point of Order that Amendment No. 6 was out of order as it was not germane.

Rep. HODGES stated that it did deal with election laws.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

Reps. RAMA, WRIGHT and L. MARTIN withdrew their objections to the following Joint Resolution.

H. 3211 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Reps. RAMA, WRIGHT and L. MARTIN withdrew their objections to the following Bill whereupon objections were raised by Reps. ROGERS, KEYSERLING and DELLENEY.

H. 4330 -- Rep. Clyborne: A BILL TO PROVIDE FOR THE ENACTMENT OF LEGISLATION BY INITIATIVE PETITION.

Rep. KLAPMAN withdrew his objection to the following Bill whereupon an objection was raised by Rep. WHITE.

H. 4330 -- Rep. Clyborne: A BILL TO PROVIDE FOR THE ENACTMENT OF LEGISLATION BY INITIATIVE PETITION.

Rep. SHARPE withdrew his objection to the following Bill whereupon objections were raised by Reps. DELLENEY and KEYSERLING.

S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.

Rep. KLAPMAN withdrew his objection to the following Joint Resolution whereupon objections were raised by Reps. WHITE and KEYSERLING.

H. 3211 -- Reps. Waites, Barber, Clyborne and P. Harris: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Reps. FULMER, HALLMAN and R. YOUNG withdrew their objections to the following Bill whereupon objections were raised by Reps. ROGERS, HODGES and McELVEEN.

H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.

Rep. J. BROWN, with unanimous consent, objected to the following Bill.

H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.

On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".

On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Rep. KIRSH asked unanimous consent to recall H. 4731 from the Committee on Ways and Means.

Rep. VAUGHN objected.

On motion of Rep. L. MARTIN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.

H. 4854 -- Reps. L. Martin, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA TO BRING AN APPROPRIATE LEGAL ACTION IN FEDERAL COURT TO HAVE THE PROVISIONS OF THE FEDERAL HIGHWAY BEAUTIFICATION ACT WHICH REQUIRE NONCONFORMING OUTDOOR ADVERTISING SIGNS TO BE REMOVED DECLARED UNCONSTITUTIONAL.

The Senate amendments to the following Bill were taken up for consideration:

S. 912 -- Senator Saleeby: A BILL TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION THAT THE ORGANIZATION IS UNABLE TO FULFILL ITS OBLIGATIONS TO FURNISH HEALTH CARE SERVICES; AND TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR EXPENSES ASSESSED AGAINST AN ORGANIZATION TO BE REMITTED TO THE COMMISSIONER.

Rep. FAIR explained the Senate amendment.

Rep. RAMA spoke in favor of the Senate amendment.

Rep. FAIR spoke against the Senate amendment.

Rep. RAMA spoke in favor of the Senate amendment.

The question then recurred to concurrence in Senate amendments.

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

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Canty                  Chamblee
Cobb-Hunter            Corning                Council
Cromer                 Delleney               Felder
Foster                 Fulmer                 Gonzales
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Hendricks
Hodges                 Holt                   Houck
Inabinett              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Littlejohn
Martin, D.             Mattos                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Riser
Rogers                 Ross                   Rudnick
Scott                  Shissias               Snow
Stone                  Taylor                 Tucker
Waites                 Waldrop                Whipper
White                  Wilder                 Wilkes
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.

Those who voted in the negative are:

Alexander, T.C.        Brown, G.              Carnell
Cato                   Fair                   Harwell
Haskins                Jaskwhich              Koon
Lanford                Marchbanks             Martin, L.
McAbee                 Sharpe                 Sheheen
Shirley                Smith                  Stoddard
Vaughn                 Wells                  Wilkins

So, the Senate amendments were agreed to, and the Bill 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.

The SPEAKER granted Rep. RAMA a temporary leave of absence.

The Senate amendments to the following Joint Resolution were taken up for consideration.

S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.

Rep. SHARPE explained the Senate amendment.

Reps. SHARPE and FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3935.BD), which was adopted.

Amend the resolution, as and if amended, by adding a Section:

/SECTION     ___.     The last paragraph of Section 44-96-290(F) of the 1976 Code is amended to read:

"This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial facilities or, to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility, or to county-owned facilities which incinerate less than fifty tons per day of municipal solid waste as part of a pilot study whose duration is less than one and one-half years."

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

Amend title to conform.

Rep. SHARPE explained the Senate amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

Rep. P. HARRIS moved to adjourn debate upon the Senate amendments until Wednesday, May 20, which was adopted.

H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

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

S. 452 -- Senator Waddell: A BILL TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.

Rep. BOAN explained the Senate amendment.

The SPEAKER granted Rep. R. YOUNG a leave of absence for the remainder of the day.

The Senate amendments were agreed to, and the Bill 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.

The following Concurrent Resolution was taken up.

S. 446 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA PRODUCTIVITY AWARD TO RECOGNIZE MANUFACTURING COMPANIES, SERVICE COMPANIES, AND THE SMALL BUSINESSES OF SOUTH CAROLINA FOR THEIR CONTRIBUTIONS TO THE STATE ECONOMY THROUGH IMPROVEMENTS IN PRODUCTIVITY AND THE QUALITY OF THE WORK ENVIRONMENT.

Whereas, the manufacturing companies, service companies, and small businesses of South Carolina are a vital part of the state's economy and its prosperity;

Whereas, the State should recognize and reward companies, organizations, and persons who have made significant contributions to improving the quality and performance of their products, services, and markets while enhancing the quality of the work environment and employee morale;

Whereas, the State should recognize and reward these efforts through the creation of the South Carolina Quality and Performance Award. Now, therefore,

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

That the General Assembly establish the South Carolina Quality and Performance Award beginning with the calendar year 1993 and continuing each year thereafter. Each county governing body may participate in the award by nominating a candidate to be the recipient of the award.

Be it further resolved that a selection committee is created to establish the guidelines and criteria for the nomination and selection of award recipients. The committee shall review all applications, and select the award recipient.

Be it further resolved that the selection committee is comprised of the Chairman of the Senate Labor, Commerce and Industry Committee, the Chairman of the House Labor, Commerce and Industry Committee, the Lieutenant Governor, the Governor, and the Chairman of the State Development Board. Each committee member may select a designee to serve on his behalf. Members shall elect a chairman, and shall serve without compensation.

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

The following Concurrent Resolution was taken up.

H. 4853 -- Reps. L. Martin, Phillips, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEN DEVELOPING THE STATE'S PLAN TO REMOVE NONCONFORMING OUTDOOR ADVERTISING SIGNS PURSUANT TO FEDERAL LAW TO FIRST CONCENTRATE ITS EFFORTS ON NONCONFORMING SIGNS ON INTERSTATE HIGHWAYS AND SCENIC HIGHWAYS AND NOT ON OTHER ROADS AND HIGHWAYS TO WHICH THE LAW APPLIES.

Whereas, under the federal Highway Beautification Act which was passed in 1965, outdoor advertising signs which were lawfully erected but do not conform to the requirements of the Highway Beautification Act are required to be removed to the extent that federal funds are made available to participate in paying the costs of just compensation to the sign owner; and

Whereas, in 1991, the Congress enacted the Intermodal Surface Transportation Efficiency Act which provides funding for the federal share of just compensation for the acquisition of these nonconforming signs and as a result South Carolina and the other states are now required to purchase nonconforming signs to comply with the Highway Beautification Act of 1965 or risk the loss of certain federal highway funds; and

Whereas, the states are now required to submit a state plan to the federal highway administration detailing the manner in which and the timetable under which these nonconforming signs shall be removed; and

Whereas, the members of the General Assembly, by this resolution, express their belief that the funds available for the purchase of nonconforming signs must first be used for those nonconforming signs on interstate and scenic highways before such funds are used to purchase nonconforming signs on other highways to which the Highway Beautification Act applies; and

Whereas, the members of the General Assembly, by this resolution, hereby direct the Department of Highways and Public Transportation in submitting South Carolina's plan to the Federal Highway Administration to incorporate in this plan the directions to it contained in this resolution. Now, therefore,

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

That the members of the General Assembly hereby direct the Department of Highways and Public Transportation when developing the state's plan to remove nonconforming outdoor advertising signs pursuant to federal law to first concentrate its efforts on nonconforming signs on interstate highways and scenic highways and not on other roads and highways to which the law applies.

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

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

The following Concurrent Resolution was taken up.

H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.

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

That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, May 27, 1992, for the purpose of electing a member of the Board of Visitors of The Citadel to fill the unexpired term of the late William R. Risher.

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

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

As a first substitute Rep. ANDERSON moved to recall H. 4720 from the Ways and Means Committee.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. QUINN having the floor.

S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.

Debate was resumed on Amendment No. 3, which was proposed on Thursday, May 14, by Rep. QUINN.

Rep. QUINN continued speaking.

Rep. HOLT moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Canty                  Carnell
Chamblee               Cobb-Hunter            Council
Cromer                 Delleney               Elliott, D.
Felder                 Glover                 Harrelson
Harris, J.             Harvin                 Haskins
Hodges                 Holt                   Houck
Hyatt                  Inabinett              Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McAbee
McElveen               McKay                  McLeod
McTeer                 Neilson                Phillips
Riser                  Rogers                 Rudnick
Scott                  Sheheen                Shirley
Shissias               Smith                  Snow
Stone                  Taylor                 Townsend
Tucker                 Waites                 Waldrop
Whipper                Wilder                 Wilkes
Williams, D.           Williams, J.

Those who voted in the negative are:

Alexander, T.C.        Baker                  Cato
Fair                   Gonzales               Harrison
Harwell                Jaskwhich              Kirsh
Koon                   McCraw                 Meacham
Quinn                  Ross                   Sturkie
Vaughn                 Wilkins                Wofford
Wright                 Young, A.

So, the amendment was tabled.

Reps. McLEOD and RAMA proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\12493.DW), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     _____.     The initial deposit into the Housing Trust Fund as established under the provisions of this act must be an amount from the programs of the South Carolina State Housing Finance and Development Authority as determined by its board of commissioners./

Amend further by striking the SECTION which contains the amendment to Section 12-21-380 of the 1976 Code and inserting:

/SECTION _____.     It is the intention of the General Assembly to enact during the 1993 session of the General Assembly legislation to dedicate a portion of the documentary stamp tax for deposit to the credit of the Housing Trust Fund as established by this act for such uses as the State Housing Finance and Development Authority may determine./

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. WHIPPER moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Bennett
Brown, H.              Brown, J.              Burch, K.
Byrd                   Carnell                Cobb-Hunter
Cooper                 Council                Cromer
Delleney               Fair                   Felder
Harrelson              Harris, J.             Harvin
Haskins                Hendricks              Hodges
Holt                   Hyatt                  Inabinett
Jennings               Keegan                 Kempe
Keyserling             Kirsh                  Lanford
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCraw                 McGinnis               McKay
McTeer                 Meacham                Neilson
Phillips               Riser                  Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Smith                  Snow
Stoddard               Taylor                 Waites
Waldrop                Whipper                White
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Young, A.

Those who voted in the negative are:

Alexander, T.C.        Baker                  Bruce
Cato                   Chamblee               Corning
Elliott, D.            Gonzales               Hallman
Harris, P.             Harrison               Harwell
Jaskwhich              Koon                   Littlejohn
McLeod                 Quinn                  Ross
Shirley                Stone                  Sturkie
Townsend               Tucker                 Vaughn
Wells

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\6612.HC), which was adopted.

Amend the bill, as and if amended, page 6, by inserting before line 17:

/Section 31-13-445.     No more than twenty percent of trust fund monies expended in a fiscal year may be for projects in any one county./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. WHIPPER moved to table the amendment, which was not agreed to.

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

Rep. McLEOD proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\6611.HC), which was tabled.

Amend the bill, as and if amended, page 8, by inserting before line 15:

/Section 31-13-465.     No project may be funded by the trust fund unless the sponsor has first applied for any federal assistance available for the project./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to by a division vote of 57 to 33.

The SPEAKER granted Rep. NEILSON a leave of absence due to medical and personal reasons.

The motion of Rep. WALDROP to reconsider the vote, whereby Amendment No. 2 was tabled was taken up.

Rep. KIRSH moved to table the motion to reconsider.

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

Those who voted in the affirmative are:

Bailey, J.             Baker                  Beatty
Brown, H.              Bruce                  Cato
Cooper                 Council                Elliott, D.
Fair                   Gonzales               Harrison
Harwell                Haskins                Holt
Hyatt                  Inabinett              Kinon
Kirsh                  Koon                   Lanford
Littlejohn             McCraw                 McGinnis
McLeod                 Meacham                Quinn
Riser                  Sheheen                Smith
Stone                  Sturkie                Vaughn
Wells                  Wilkins                Wofford
Wright                 Young, A.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Barber                 Baxley                 Boan
Brown, G.              Brown, J.              Burch, K.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Corning                Cromer
Delleney               Felder                 Foster
Harrelson              Harris, J.             Harris, P.
Harvin                 Hendricks              Hodges
Houck                  Jaskwhich              Jennings
Keegan                 Kempe                  Keyserling
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McKay                  McTeer                 Nettles
Phillips               Rogers                 Ross
Rudnick                Scott                  Sharpe
Shirley                Shissias               Snow
Stoddard               Taylor                 Townsend
Tucker                 Waites                 Waldrop
Whipper                White                  Wilder
Wilkes                 Williams, D.           Williams, J.

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider the vote, whereby Amendment No. 2 was tabled, which was agreed to by a division vote of 41 to 38.

Rep. McABEE spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. McTEER spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. QUINN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\JIC\6615.HC), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___.     Notwithstanding the distribution provisions of Section 12-21-380 of the 1976 Code, all revenues from the tax imposed pursuant to Section 12-21-380 of the 1976 Code produced from a rate in excess of one dollar and ten cents for each five hundred dollars must be used to replace lost revenue from the medicaid nursing home bed fee imposed pursuant to Section 44-7-84(D) of the 1976 Code until such time as the General Assembly appropriates funds to replace such lost revenue. When the lost revenue is replaced, revenues of the documentary stamp tax imposed pursuant to Section 12-21-380 of the 1976 Code must be distributed as provided in that section./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

Rep. CARNELL was recognized.

Rep. HOLT raised the Point of Order that Amendment No. 7 was out of order as it was not germane.

The SPEAKER stated that it did deal with documentary stamps which was a part of the Bill and he overruled the Point of Order.

Rep. CARNELL spoke against the amendment and moved to table the amendment.

Rep. QUINN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 61 to 20.

Rep. McLEOD proposed the following Amendment No. 8 (Doc Name JIC\6616.HC), which was tabled.

Amend the bill, as and if amended, page 8, by inserting immediately after line 42:

/Section 31-13-475.     Notwithstanding any other provision of this article, monies from the Housing Trust Fund may be used only for the purpose of installing indoor plumbing./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. WHIPPER moved to table the amendment, which was agreed to by a division vote of 54 to 24.

Rep. STURKIE proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\19255.SD), which was ruled out of order.

Amend the bill, as and if amended, by adding new sections to be appropriately numbered which shall read:

/SECTION _____.     Article 3, Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Section 61-9-312.     (A)     In lieu of the annual retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is two thousand five hundred dollars. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.

(B)     The Alcoholic Beverage Control Commission shall prorate the special retail permit fee provided in this section for the license year in effect at the time this section takes effect according to the length of time that the permit is valid."

SECTION ____.     Of the revenue generated annually from the fees imposed pursuant to Section 61-9-312 of the 1976 Code, the first five million dollars collected annually must be deposited to the credit of the South Carolina Housing Trust Fund./

Renumber sections to conform.

Amend title to conform.

Rep. STURKIE explained the amendment.

Rep. MEACHAM raised the Point of Order that Amendment No. 9 was out of order as it was not germane.

Rep. STURKIE argued contra the Point in stating that the Amendment did not change the intent as far as what the Housing Fund would do and that funding mechanisms had been looked at and that this remained within the thrust of funding of state housing and that this was just an alternative means. He further stated that documentary stamps had nothing to do with it and that this Amendment was germane as it was just another possible funding mechanism.

Rep. MEACHAM stated that it related to Sunday sales.

Rep. STURKIE stated that the offices were not open on Saturday and Sundays so it would be limited to five days.

The SPEAKER stated that the Amendment did not strike the documentary stamp tax and that it only added additional funding for the Housing Trust Fund. He further stated that the Amendment said to add new sections to be appropriately numbered and it did not say to strike anything. He further stated that although the monies were devoted to the Housing Trust Fund, it imposed a new tax that was not imposed by the Bill. He further stated that the Bill that was drafted imposed an increase in the documentary stamp tax and then dedicated those funds. He further stated that the Amendment did not affect the Code Section on the documentary stamp tax even though it did dedicate some funds to the Housing Trust Fund and he sustained the Point of Order and ruled the Amendment out of order.

Rep. McABEE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\19260.SD), which was ruled out of order.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

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

"Section     61-5-185.     Permits authorized by Section 61-5-180 must also be issued to bona fide nonprofit organizations and business establishments located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed four million dollars upon application and payment of the filing and permit fees, and twenty-five percent of these filing and permit fees collected annually under Section 61-5-180 must be paid to the Heritage Land Trust Fund."/

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

The SPEAKER granted Rep. ROSS a temporary leave of absence.

Rep. QUINN moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Martin, M.             Quinn

Those who voted in the negative are:

Alexander, M.O.        Anderson               Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Brown, H.              Bruce                  Byrd
Carnell                Cato                   Chamblee
Cobb-Hunter            Corning                Council
Cromer                 Delleney               Fair
Felder                 Foster                 Glover
Gonzales               Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Holt
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             McAbee
McCraw                 McElveen               McGinnis
McKay                  Meacham                Phillips
Riser                  Rudnick                Scott
Sharpe                 Sheheen                Shissias
Smith                  Snow                   Stone
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, J.           Wofford                Wright
Young, A.

So, the House refused to adjourn.

Rep. HASKINS raised the Point of Order that Amendment No. 11 was out of order as it was not germane.

Rep. McABEE argued contra the Point in stating that the documentary stamps already provided ten cents to the Heritage Trust Program and that this Amendment provided funds for the same.

The SPEAKER stated that it did not yet since the House had adjourned debate on Amendment No. 2 and he sustained the Point of Order and ruled the Amendment out of order.

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

Rep. McABEE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\8553.BD), which was rejected.

Amend the bill, as and if amended, by striking Section 12-21-380 and inserting:

/Section 12-21-380.     A deed, instrument, or writing whereby any by which lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other another person by his the purchaser's direction when the consideration or value of the interest or property conveyed exclusive of the value of any a lien or an encumbrance remaining thereon on the interest or property at the time of sale exceeds one hundred dollars and does not exceed five hundred dollars must be taxed one dollar and ten forty cents and for each additional five hundred dollars, or fractional part thereof, one dollar and ten forty cents. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten twenty cents of the tax on each additional increment of five hundred dollars must be paid to the Heritage Land Trust Fund. Twenty cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and twenty cents of the tax on each additional increment of five hundred dollars must be paid to the South Carolina Housing Trust Fund. Any A deed, instrument, or writing whereby any by which lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the State of South Carolina, or any of its political subdivisions and departments, for highway or other public purposes is exempted from the documentary tax requirements of this section, and any a clerk of court or register of mesne conveyances may record these deeds or other instruments without revenue stamps affixed and without penalty./

Amend title to conform.

Rep. ROGERS spoke in favor of the amendment.

The SPEAKER granted Reps. WILKES and STONE a leave of absence for the remainder of the day.

Rep. ROGERS continued speaking.

Rep. HARWELL spoke in favor of the amendment.

Rep. WELLS spoke against the amendment.

Rep. HASKINS moved to table the amendment.

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

Those who voted in the affirmative are:

Bailey, G.             Bailey, J.             Beatty
Brown, H.              Cato                   Council
Delleney               Elliott, D.            Fair
Felder                 Foster                 Glover
Gonzales               Harrelson              Harrison
Haskins                Holt                   Inabinett
Kennedy                Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Martin, D.             McCraw
McKay                  McTeer                 Meacham
Phillips               Quinn                  Rama
Riser                  Shissias               Smith
Sturkie                Vaughn                 Wells
White                  Wilkins                Wofford
Wright                 Young, A.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Baker
Barber                 Baxley                 Beasley
Bennett                Boan                   Brown, J.
Burch, K.              Byrd                   Carnell
Chamblee               Harris, J.             Harris, P.
Harvin                 Harwell                Hendricks
Hyatt                  Jaskwhich              Jennings
Keegan                 Keyserling             Marchbanks
Martin, L.             Martin, M.             Mattos
McAbee                 McGinnis               Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Snow                   Stoddard               Taylor
Tucker                 Waites                 Waldrop
Wilder                 Williams, D.           Williams, J.

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Alexander, T.C.        Barber                 Baxley
Bennett                Boan                   Brown, J.
Burch, K.              Carnell                Chamblee
Cromer                 Delleney               Gonzales
Harrelson              Harris, J.             Harris, P.
Harvin                 Harwell                Hendricks
Hyatt                  Jaskwhich              Martin, L.
Martin, M.             Mattos                 McAbee
McGinnis               McLeod                 Rogers
Ross                   Rudnick                Sharpe
Sheheen                Snow                   Stoddard
Townsend               Tucker                 Waldrop
Wilder                 Williams, D.

Those who voted in the negative are:

Bailey, G.             Bailey, J.             Baker
Beasley                Beatty                 Brown, H.
Bruce                  Byrd                   Cato
Cooper                 Council                Elliott, D.
Fair                   Felder                 Foster
Glover                 Harrison               Haskins
Holt                   Houck                  Inabinett
Jennings               Keegan                 Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
McCraw                 McKay                  McTeer
Meacham                Phillips               Quinn
Rama                   Riser                  Scott
Shissias               Smith                  Sturkie
Taylor                 Vaughn                 Wells
Wilkins                Williams, J.           Wofford
Wright                 Young, A.

So, the amendment was rejected.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beasley                Beatty
Boan                   Brown, H.              Brown, J.
Bruce                  Burch, K.              Byrd
Canty                  Carnell                Cobb-Hunter
Cromer                 Delleney               Felder
Foster                 Glover                 Harrelson
Harris, J.             Harris, P.             Harvin
Haskins                Hendricks              Holt
Houck                  Inabinett              Jaskwhich
Jennings               Kempe                  Kennedy
Keyserling             Kinon                  Lanford
Littlejohn             Martin, D.             Martin, M.
Mattos                 McAbee                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Nettles                Phillips
Rama                   Riser                  Rogers
Rudnick                Scott                  Sheheen
Shirley                Shissias               Smith
Snow                   Stoddard               Taylor
Townsend               Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkins                Williams, D.
Williams, J.           Wright

Those who voted in the negative are:

Alexander, T.C.        Baker                  Bennett
Cato                   Chamblee               Cooper
Council                Elliott, D.            Fair
Gonzales               Harrison               Harwell
Hyatt                  Keegan                 Kirsh
Koon                   McCraw                 Meacham
Quinn                  Ross                   Sharpe
Sturkie                Tucker                 Vaughn
Wofford                Young, A.

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

Marchbanks     (Present) Nay

G. Brown     (Absent) Aye

I would have voted against the Housing Trust Fund Bill.

Rep. LARRY A. MARTIN

Rep. ROGERS moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Anderson
Bailey, J.             Baxley                 Bennett
Boan                   Brown, J.              Burch, K.
Byrd                   Canty                  Carnell
Cobb-Hunter            Foster                 Glover
Hallman                Harrelson              Harris, J.
Harris, P.             Harvin                 Hendricks
Houck                  Inabinett              Keyserling
Kinon                  Kirsh                  Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, M.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McKay                  McLeod                 Nettles
Phillips               Rogers                 Ross
Scott                  Sheheen                Shirley
Smith                  Snow                   Stoddard
Taylor                 Townsend               Waites
Waldrop                Whipper                White
Williams, D.           Williams, J.

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Baker
Brown, H.              Cato                   Chamblee
Cooper                 Council                Cromer
Elliott, D.            Fair                   Felder
Fulmer                 Gonzales               Harrison
Harwell                Haskins                Hyatt
Jaskwhich              Keegan                 Kennedy
Klapman                Koon                   McTeer
Meacham                Quinn                  Rama
Riser                  Rudnick                Sharpe
Shissias               Sturkie                Tucker
Vaughn                 Wells                  Wilder
Wilkins                Wofford                Wright
Young, A.

So, the motion to adjourn was agreed to.

The Senate returned to the House with concurrence the following:

H. 4855 -- Reps. Kinon, J. Harris, Quinn and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF S. SCOTT GRIFFIN AS A MEMBER OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY FROM 1985 UNTIL DECEMBER, 1991.

H. 4856 -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE NEARLY TWENTY YEARS OF EXCELLENT AND DEDICATED SERVICE OF ROBERT SNEAD OF ANDERSON COUNTY AS PRINCIPAL OF BELTON-HONEA PATH HIGH SCHOOL, AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

H. 4857 -- Reps. Waldrop, Sheheen, Beasley, Baxley, J. Brown, Byrd, Corning, Cromer, Harrison, Rogers, Rudnick, Scott, Taylor, Whipper and J. Williams: A CONCURRENT RESOLUTION TO HONOR AND THANK THE LAW FIRM OF NELSON MULLINS RILEY & SCARBOROUGH FOR ITS UNSELFISH SERVICES AND CONTRIBUTIONS OF PRO BONO SERVICES TO THOSE IN NEED IN SOUTH CAROLINA AND TO RECOGNIZE AND CONGRATULATE THIS FIRM FOR RECEIVING THE 1992 AMERICAN BAR ASSOCIATION PRO BONO PUBLICO AWARD.

At 4:35 P.M. the House in accordance with the motion of Rep. CATO adjourned in memory of the Honorable John T. Wood, former member of the House, to meet at 11:45 A.M. tomorrow.

This web page was last updated on Tuesday, June 30, 2009 at 8:47 A.M.