Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

As we face the waiting challenges of this day, cause us, good Lord, to meet them in the assurance of Your support. Make us to know that we are judged by our accomplishments, not by our intentions, and that satisfaction comes not by the absence of conflict, but by our ability to cope with it. Keep us in the right road to worthwhile horizons. Forbid that we should ever complain about the things we have not; instead make us thankful for the things we have. And help us to deal with the faults of others as gently as we deal with our own.

Thank You, Lord, for this privilege of prayer. Amen.

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

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

Rep. CORBETT, moved that when the House adjourns it adjourn in memory of Mr. Herbert Alford of Myrtle Beach, which was agreed to.

Debate was resumed on the motion that the House resolve itself into the Committee of the Whole, Rep. BOAN having the floor.

Rep. HUFF withdrew the motion that the House resolve itself into the Committee of the Whole.

The Senate sent to the House the following:

S. 1566 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE KERSHAW COUNTY COUNCIL TO NAME THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".

Whereas, South Carolina recently lost one of its most respected law enforcement officers when Louis L. "Hector" DeBruhl died in Camden at the age of fifty-seven; and

Whereas, Hector DeBruhl was first elected Sheriff of Kershaw County in November, 1966 and served continuously until his retirement last year. He was the youngest sheriff in the State when he was first elected, served longer than any sheriff in the history of Kershaw County, and was the senior sheriff in South Carolina at the time of his retirement; and

Whereas, during his thirty-four year career in law enforcement, he rightfully earned a reputation as an officer who worked on the front line, who was fearless, and who had complete integrity; and

Whereas, Sheriff DeBruhl was the son of a former sheriff of Kershaw County, Gilliam B. "Gib" DeBruhl, who was elected sheriff in 1946 and served until his death in July, 1951; and

Whereas, like his son, Gib DeBruhl's twenty-five year career as a law enforcement officer before his untimely death was a source of pride for Kershaw County and South Carolina, and certainly set high standards which his son later emulated during his tenure as sheriff; and

Whereas, the members of the General Assembly believe that it would be a fitting tribute to this outstanding Kershaw County family if the sheriff's office building in the county were named in their honor. Now, therefore,

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

That the Kershaw County Council is requested to name the building which houses the Kershaw County Sheriff's Department at 609 Lafayette Avenue in Camden as the "DeBruhl Building".

Be it further resolved that a copy of this resolution be forwarded to the Kershaw County Council.

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

The Senate sent to the House the following:

S. 1567 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY W. BREVARD OF BERKELEY COUNTY AS HE COMPLETES HIS SIXTH YEAR OF SERVICE ON THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND TO THANK HIM FOR HIS MANY CONTRIBUTIONS IN THE FIELD OF EDUCATION.

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

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

H. 4873 -- Reps. Gonzales, D. Williams, H. Brown, G. Bailey, Whipper, Hallman, Fulmer, R. Young, Holt, Rama, D. Martin, Barber, A. Young, J. Bailey, Wofford, J. Williams and Inabinett: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING.

Rep. GONZALES moved to waive Rule 5.12, which was agreed to by a division vote of 9 to 0.

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

S. 895 -- Senators Nell W. Smith and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-615 SO AS TO PROVIDE FOR REPORTS OF CRIMINAL OFFENSES ALLEGED TO HAVE BEEN COMMITTED AGAINST A CHILD BY A SCHOOL DISTRICT EMPLOYEE ON SCHOOL DISTRICT PROPERTY OR DURING AN OFFICIAL SCHOOL ACTIVITY, INVESTIGATION, PROSECUTION, AND LIMITATION ON EMPLOYMENT.

Referred to Committee on Judiciary.

On motion of Rep. GONZALES, with unanimous consent, it was ordered that H. 4873 be read the second time tomorrow.

The following was introduced:

H. 4874 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION COMMENDING THE ROSA CLARK MEDICAL CLINIC OF OCONEE COUNTY AND ALL THOSE ASSOCIATED WITH THE CLINIC FOR TEN YEARS OF OUTSTANDING MEDICAL CARE TO THE INDIGENT OF THAT COUNTY.

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

The following was introduced:

H. 4875 -- Rep. Phillips: A CONCURRENT RESOLUTION TO COMMEND MR. E. BLAIR RICE, JR., OF BELTON FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION FOR 1991-92.

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

The following was introduced:

H. 4876 -- Rep. Foster: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN CHARLES T. CABANISS OF ROCK HILL ON BEING NAMED THE "1992 LAW ENFORCEMENT OFFICER OF THE YEAR".

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

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, J.             Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Carnell                Cato
Chamblee               Cobb-Hunter            Cooper
Corbett                Council                Delleney
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Hendricks              Hodges                 Holt
Houck                  Huff                   Hyatt
Inabinett              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Phillips               Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Smith
Snow                   Stone                  Tucker
Vaughn                 Waites                 Waldrop
White                  Wilder                 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 Thursday, May 21.

June S. Shissias                  H. Howell Clyborne
Terry E. Haskins                  Eugene C. Stoddard
Levola S. Taylor                  Michael F. Jaskwhich
Dick Elliott                      Carole C. Wells
Lucille S. Whipper                Eugene LeRoy Nettles
George H. Bailey                  James L.M. Cromer
B. Hicks Harwell                  Denny W. Neilson
Maggie W. Glover                  Dell Baker
Richard M. Quinn                  Larry E. Gentry
Timothy C. Wilkes                 Roland S. Corning
C. Alex Harvin                    Ralph W. Canty
C. Lenoir Sturkie

Reps. WELLS, WHIPPER, NETTLES and G. BAILEY were attending a Conference Screening Committee Meeting during the roll call.

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

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

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 7.

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

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

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.

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.

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. 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.

S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.

S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.

The following Bill was taken up.

H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8576.BD).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION     1.     The 1976 Code is amended by adding:

Section 22-3-1510.     This article may be cited as the 'Magistrate Court Restraining Order Act.'

Section 22-3-1520.     As used in this article:

(1)     'Abuse' means:

(a)     physical harm, bodily injury, assault, or the threat of physical harm;

(b)     sexual criminal offenses, as defined by statute;

(2)     'Family or household member' means spouses, former spouses, parents, children, and persons related by consanguinity or affinity within the second degree.

(3)     'Court' means the magistrate court.

(4)     'Petitioner' means the person alleging abuse in a petition for a magistrate court restraining order.

(5)     'Respondent' in a petition for a magistrate court restraining order means the person alleged to have abused another or a person alleged to have aided or abetted the abuse.

(6)     'Magistrate court restraining order' means an order issued to protect the petitioner or minor family or household members from the abuse of another person, where the respondent has received notice of the proceedings and has had an opportunity to be heard.

Section 22-3-1530.     (A)     A magistrate may issue a magistrate court restraining order granting only the relief provided by Section 22-3-1560.

A person violating the terms and conditions of an order of protection issued under this article is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars and imprisoned not more than thirty days.

(B)     Actions for a magistrate court restraining order must be filed in the county in which the:

(1)     respondent resides at the time of commencement of the action; or

(2)     petitioner resides if the respondent is a nonresident of this State or if he is not found after due diligence.

Section 22-3-1540.     A petition for a magistrate court restraining order is created to be used in cases of abuse. A petition for relief under this section:

(1)     may be made by a person in need of protection or by a family or household member on behalf of a minor family or household member;

(2)     must be verified and must allege the existence of abuse stating the specific time, place, and details of the abuse and other facts and circumstances upon which relief is sought;

(3)     must inform the respondent of the right to retain counsel.

Section 22-3-1550.     (A)     A hearing must be held within fifteen days of the filing of a petition for a magistrate court restraining order, unless an emergency hearing is held earlier as provided in subsection (B). A magistrate shall cause a copy of the petition and requests or attachments to be served upon the respondent at least five days before the hearing, except as provided in subsection (B), in the same manner required for service in the circuit courts. Where service is not accomplished five days before the hearing, the respondent, upon motion, is entitled to a continuance to provide for compliance with this section.

(B)     Upon a prima facie showing of immediate and present danger of bodily injury to the petitioner or minor household or family member of the petitioner, as evidenced by affidavit attached to a written request filed with the petition, the court shall grant an emergency hearing. The court shall rule upon the request within twenty-four hours after it is filed and shall schedule an emergency hearing to be held within forty-eight hours of the filing of the request.

Section 22-3-1560.     A magistrate court restraining order granted under this article must protect the petitioner or the abused person on whose behalf the petition was filed and may include provisions temporarily enjoining the respondent from:

(1)     abusing, threatening to abuse, or molesting the petitioner or the person on whose behalf the petition was filed;

(2)     communicating or attempting to communicate with the petitioner or the person on whose behalf the petition was filed in a way to violate this article;

(3)     entering or attempting to enter the petitioner's residence or his place of employment or education or another location the court may order. The order may not prohibit a respondent from entering or attempting to enter a location that also was respondent's residence or place of employment or education when the action was commenced.

Section 22-3-1570.     A magistrate court restraining order issued pursuant to this article must be for a fixed time not to exceed thirty days.

Section 22-3-1580.     The magistrate shall cause to be mailed or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides a certified copy of a magistrate court restraining order.

Section 22-3-1590.     The primary duty of a law enforcement officer when responding to an incident of abuse is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In these incidents the officer shall:

(1)     notify the abused person of the right to initiate criminal proceedings and to seek an order of protection under the Protection from Domestic Abuse Act or a magistrate court restraining order under this article;

(2)     advise the parties of the importance of preserving evidence. To provide protection to the petitioner and minor children the officer may offer or arrange to provide transportation of the abused person to a hospital for treatment of injuries or to a place of shelter or safety and to accompany the abused person to his residence to allow for the removal of clothing, medication, and reasonably necessary personal property.

Section 22-3-1600.     The petitioner's right to relief under this article is not affected by:

(1)     leaving the residence or household to avoid further abuse;

(2)     the use of physical force against the respondent reasonably believed by the petitioner to be necessary to defend the petitioner or others from imminent physical injury or abuse.

Section 22-3-1610.     A proceeding under this article is in addition to other civil and criminal remedies."

SECTION     2.     Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:

"Section 8-21-1010.     Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:

(1)     for taking civil recognizance, with or without sureties,: five dollars;

(2)     for granting an order for civil special bail, with or without sureties,: five dollars;

(3)     for receiving and filing bond in claim and delivery, attachment,: five dollars;. If justification of sureties is required, an additional five dollars must be collected;

(4)     for administering and certifying oaths or documents in writing,: two dollars;

(5)     for issuing any a prerogative writ,: five dollars;

(6)     in all civil actions and in actions filed pursuant to the 'Magistrate Court Restraining Order Act', for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing,: twenty-five dollars;

(7)     for issuing execution executions and renewal thereof, their renewals: ten dollars;

(8)     for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal,: ten dollars;

(9)     for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents,: ten dollars;

(10)     for proceedings on a coroner's inquest, as prescribed by law,: ten dollars, if an inquest is demanded by a party other than the State or county or authorized officer of either;

(11)     for proceeding on estrays, including judgment for possession, sale, or damages,: ten dollars;

(12)     for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds,: five dollars;

(13)     for each tax execution collected,: five dollars;

(14)     for filing or issuing any other paper not provided for in this section,: five dollars.

No fees or costs may be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 26, which was adopted.

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

H. 4870 -- Reps. Ross and T.C. Alexander: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS FOR A TERM OF FOUR YEARS AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED; TO PROVIDE FOR THE MANNER IN WHICH THE CHAIRMAN OF THE OCONEE COUNTY BOARD OF EDUCATION SHALL BE SELECTED; AND TO DELETE CERTAIN PROVISIONS OF ACT 383 OF 1961, RELATING TO THE ELECTION OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.

H. 4825 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HEALTH EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4698 -- Rep. Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.

Rep. PHILLIPS explained the Bill.

S. 1437 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".

H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 1437     General Subject Matter:

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. DAVE C. WALDROP, JR.

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4698 be read the third time tomorrow.

On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1437 be read the third time tomorrow.

On motion of Rep. R. YOUNG, with unanimous consent, it was ordered that H. 4827 be read the third time tomorrow.

The following Bill was taken up.

H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS.

Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19272.SD), which was adopted.

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

/SECTION     1.     Section 7-7-210 of the 1976 Code is amended to read:

"Section     7-7-210.     In Darlington County there shall be are the following voting precincts: Antioch; Auburn; Bethel; Pineridge (formerly Black Creek); Burnt Branch; Clyde Black Creek-Clyde; Darlington No. 1 (voting at city hall); Darlington No. 2; Darlington No. 3 (located at the courthouse, with voters whose last names begin with A through K, and those whose last names begin with L through Z voting at separate locations); Darlington No. 4; Darlington No. 5; Darlington No 6; Dovesville; Hartsville No. 1; Hartsville Nos. 2 and 3 (combined); Hartsville No. 4; Hartsville No. 5; Hartsville No. 6; Hartsville No. 7; Hartsville No. 8; Hartsville No. 9; High Hill; Indian Branch; Kelleytown; Lake Swamp; Lamar No. 1; Lamar No. 2 (Lamar precincts now include the former Quietude and Lynches River precincts); Lydia; Mechanicsville; Mont Clare; Newman Swamp; New Market; Oates; Palmetto; Philadelphia; Pond Hollow; Society Hill; and Swift Creek; and High Point.

The precinct lines defining the above precincts are as shown on maps dated April 27, 1992, and filed with the Clerk of Court of the county and also on file with the State Election Commission as provided and maintained by the Division of Research and Statistical Services of the State Budget and Control Board.

The Hartsville No. 9 precinct must be operated in all elections in the same manner that the other precincts of the county are operated in these elections."/

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

Amend title to conform.

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

On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 4871 be read the third time tomorrow.

The following Bill was taken up.

H. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.

Rep. McLEOD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19249.SD), which was adopted.

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

/SECTION     1.     (A)     Beginning with the 1992 election, the Board of Trustees of Sumter County School District 2 consists of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2 of this act. At the first meeting of the board after members of the board are elected at the regularly scheduled election in even-numbered years, the members of the board shall elect a chairman and other officers they consider necessary to serve terms of two years each in these capacities. Any member may be re-elected to an office of the board. In the 1992 election, members of the board must be elected from Districts 1, 2, 3, and 5. The members from Districts 1, 2, and 3 shall be elected for four-year terms and the member elected from District 5 shall be elected for a two-year term. Thereafter, their successors must all be elected for four-year terms. The present members of the board who reside respectively in newly created Districts 4, 6, and 7 shall continue to be members of the board representing these respective districts until 1994 at which time they or their successors shall be elected for four-year terms. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days before the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

Except for those present members of the board from newly created Districts 4, 6, and 7 who shall continue to serve until 1994 as provided by this subsection (A), and except for the at-large member who shall continue to serve until 1994 as provided by subsection (B), the current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire.

(B)     In addition to the seven members of the board provided for in subsection (A), the present member of the board elected at-large shall continue to serve on the board as its eighth member until the 1994 election at which time this at-large seat shall be eliminated.

SECTION     2.     The seven defined single-member election districts from which members of the board of trustees of Sumter County School District 2 must be elected are as follows:

"DISTRICT 1

Area     Population

Sumter County

CONCORD

Tract 0006.00

Blocks: 216     0

DELAINE

Tract 1802.00

Blocks: 310     0

HILLCREST

Tract 0002.02

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141     1,398

Tract 0003.00

Blocks: 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119A, 119B, 119C     413

HORSEPEN BRANCH

Tract 0002.02

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 329     616

LEMIRA

Tract 0011.00

Blocks: 601     6

REMBERT     3,251

SHAW 1     1,260

SHAW 2     339

SHAW 3     407

DISTRICT TOTAL     7,690

DISTRICT 2

Area     Population

Sumter County

CHERRYVALE

Tract 0018.02

Blocks: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 126, 127, 128, 129, 130, 133, 134, 135, 140, 141, 142, 177, 178     1,743

DALZELL DUBOSE

Tract 0004.00

Blocks: 201, 213, 214, 702, 703, 704, 705, 706, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727     536

DELAINE

Tract 0018.02

Blocks: 121, 125, 145     330

HORSEPEN BRANCH

Tract 0002.02

Blocks: 331, 332, 333, 334, 335, 336, 337, 338, 340A, 340B, 340C, 344, 401, 402, 403, 404A, 404B, 404C, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411A, 411B, 412, 413A, 413B, 413C, 413D, 414, 415, 416A, 416B, 416C, 418A, 418B, 419, 422A, 422B, 422C, 423A, 423B     499

Tract 0003.00

Blocks: 201A, 201B, 201C, 201D, 201E, 202     9

SHAW 10     6,695

SHAW 11     0

SHAW 12     0

SHAW 8     625

SHAW 9     229

DISTRICT TOTAL     10,666

DISTRICT 3

Area     Population

Sumter County

DALZELL DUBOSE

Tract 0004.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317C, 318, 319, 320, 321, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 701, 710, 711     3,080

MAYESVILLE     1,218

MULBERRY

Tract 0007.00

Blocks: 201     2

OSWEGO     1,020

PLEASANT GROVE TRINITY     658

SALEM     659

SHILOH     495

TAYLORS     937

DISTRICT TOTAL     8,069

DISTRICT 4

Area     Population

Sumter County

DALZELL DUBOSE

Tract 0004.00

Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212     296

HILLCREST

Tract 0002.02

Blocks: 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 325, 326, 339, 341, 342, 343, 345     436

Tract 0003.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110     246

HORSEPEN BRANCH

Tract 0002.02

Blocks: 322, 323, 324, 327, 328, 330     303

OAKLAND PLANTATION     3,574

SHAW 13     0

SHAW 4     430

SHAW 5     394

SHAW 6     281

SHAW 7     1,908

DISTRICT TOTAL     7,868

DISTRICT 5

Area     Population

Sumter County

CHERRYVALE

Tract 0018.02

Blocks: 101A, 101B, 102, 103, 104, 105, 106, 107, 165, 166B, 167, 168, 179, 180, 181A, 181B, 181C, 182A, 182B, 182C     192

DELAINE

Tract 0017.01

Blocks: 102D, 123, 145, 146, 147, 148     87

Tract 0018.02

Blocks: 122, 123, 124, 131, 132, 136, 137, 138, 139, 143, 144, 146, 147, 148, 149, 150A, 150B, 151, 152A, 152B, 152C, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 164, 166A, 169, 170, 173, 174, 175, 176, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397     3,498

Tract 1802.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322     0

HORATIO     752

HORSEPEN BRANCH

Tract 0002.02

Blocks: 417, 420, 421     558

Tract 0003.00

Blocks: 203     0

SHAW 14     0

SHAW 15     0

SHAW 16     0

DISTRICT TOTAL     5,087

DISTRICT 6

Area     Population

Sumter County

MANCHESTER FOREST

Tract 0017.02

Blocks: 105, 106, 107, 108, 109, 125, 126, 127, 128, 129     354

Tract 0018.01

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 267, 268, 270, 295     1,494

Tract 0019.01

Blocks: 105, 106, 135, 136, 137, 138, 139, 140, 336, 337, 338, 339, 340, 341, 349, 350, 351, 352, 401, 402     338

PINEWOOD     1,645

PRIVATEER     3,743

DISTRICT TOTAL     7,574

DISTRICT 7

Area     Population

Sumter County

BROGDON     2,008

CONCORD

Tract 0006.00

Blocks: 103, 104, 105, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 439, 440     1,653

Tract 0011.00

Blocks: 608     8

LEMIRA

Tract 0006.00

Blocks: 101, 102     16

Tract 0011.00

Blocks: 534, 539, 541, 542, 543, 544, 545, 546, 547, 548, 607     280

POCOTALIGO     3,966

DISTRICT TOTAL     7,931."

SECTION     3.     Section 1 of Act 741 of 1990 is amended to read:

"Section     1.     Beginning with the 1992 election, the Board of School Trustees of Sumter County School District 17 consists of seven members who must be elected in nonpartisan elections to be held in the manner hereinafter provided. One member of the board must be a resident of and elected from each of the seven defined single-member election districts established in Section 2 of Act 741 of 1990. At the first meeting of the board after members of the board are elected at the regularly scheduled election in even-numbered years, the The members of the board shall elect a chairman and other officers they consider necessary to serve terms of one year two years each in these capacities. Any member may be re-elected to an office of the board. The seven members of the board must be elected to the board in a nonpartisan election to be conducted at the same time as the 1992 general election for terms of office of four years each; however, the four three members elected in 1992 from Districts 2, 4, and 6 who receive the highest number of the votes cast shall serve initial terms of four years each, and the other three members elected in 1992 shall serve initial terms of two years each. Their successors must be elected in a nonpartisan election to be conducted at the same time as the general election four or two years thereafter, respectively, as the case may be, for terms of four years each. All members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of that district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission at least sixty days before the date set for the election but not earlier than ninety days before the election. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the county election commission requires.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the election ninety days preceding the election in a newspaper of general circulation published in the district and shall publish a second notice thirty days before the election. The costs of the election must be borne by the school district.

The candidate receiving the highest number of the votes in each district in the election must be declared elected.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

The current members of the board shall continue to be selected and serve as now provided by law until the members elected in the 1992 election qualify and take office, at which time the then current terms of the present members of the board shall expire."

SECTION     4.     Section 2 of Act 741 of 1990 is amended to read:

"SECTION     2.     The seven defined single-member election districts from which members of the board of trustees of Sumter County School District 17 must be elected are as follows:

District and     Population     Variance
Composition     of District

District 1
Sumter City,
Tract 8,

BG 1     0

BG 2     2,130

BG 3     2,222
Tract 9

BG 1     707
Mulberry CDP,

Tract 7,

BG 2     597

BG 3     235
Tract 8,

BG 1     856

6,747     +4.17%
District 2
South Sumter CDP,
Tract 11,

BG 4     207
Tract 16,

BG 1     701

BG 2     475

BG 3     1,263

BG 4     712

BG 5     1,598

Sumter Div.,
Tract 11,

BG 5     848

BG 6     258
Sumter Southeast Div.,
Tract 6,

BG 1     141

6,203     -4.23%
District 3
Sumter City,
Tract 10,

BG 2     601
Tract 11,

BG 2     18

BG 3     318

BG 4     68

BG 5     519
Tract 12

BG 1     68

BG 2     56

BG 3     169
Tract 13

BG 3     747
Tract 14

BG 1     102
Tract 15

BG 1     624

BG 2     864
South Sumter CDP,
Tract 13,

BG 3     105
Tract 14,

BG 1     329

BG 2     158
Tract 15,

BG 1     126

BG 2     818

BG 3     570

6,260     -3.35%
District 4
Sumter City,
Tract 17.01,

BG 2     513
Tract 17.02,

BG 1     180

Millwood CDP,
Tract 17.01,

BG 2     1,439
Sumter Southwest CDP,
Tract 17.02,

BG 1     4,075

6,207     -4.17%
District 5
Sumter City,
Tract 7,

BG 3     1,502

BG 4     1,681
Tract 10,

BG 1     596
East Sumter CDP,
Tract 11,

BG 1     830

BG 2     960
Sumter Div.,
Tract 7,

BG 1     695

BG 2     191

BG 3     29

BG 4     36
Tract 11,

BG 1     278

ED 450     16

6,814     +5.20% District 6
Sumter City,
Tract 9,

BG 2     1,114

BG 3     739

BG 8     210
Tract 10,

BG 3     1,499

BG 4     928
Tract 13,

BG 1     1,503

BG 2     765
Sumter Div.,
Tract 9,

BG 3     0

6,758     +4.34%

District 7
Sumter City,
Tract 9,

BG 4     2,892

BG 5     581

BG 6     586

BG 7     0
Tract 17.01,

BG 1     388
Shaw-Horatio Div.,
Tract 18.02,

BG 1     87
Sumter North Div.,
Tract 4,

BG 2     36
Sumter Div.,
Tract 9,

BG 4     580

BG 5     285

BG 6     0

BG 7     71
Tract 17.01,

BG 1     515
Tract 17.02,

BG 1     332

6,353     -1.91%

DISTRICT 1

Area     Population

Sumter County

FOLSOM PARK     2,990

MORRIS COLLEGE     2,505

MULBERRY

Tract 0007.00

Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235     847

Tract 0008.98

Blocks: 101, 102, 103, 104, 105A, 105B, 105C, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122     755

DISTRICT TOTAL     7,097

DISTRICT 2

Area     Population

Sumter County

CONCORD

Tract 0006.00

Blocks: 106, 107, 108     90

LEMIRA

Tract 0007.00

Blocks: 403     0

Tract 0011.00

Blocks: 201, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 214A, 215A, 216, 217, 301, 302B, 401B, 402B, 410, 411, 412, 505, 506, 514, 515A, 515B, 515C, 515D, 515E, 516A, 516B, 517, 518, 519A, 519B, 520A, 520B, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 535, 536, 537, 538, 540, 602A, 602B, 603A, 603B, 604, 605, 606     1,973

Tract 0016.00

Blocks: 501, 502     0

OLD POCALLA     655

SOUTH RED BAY     1,662

STONE HILL     1,223

WILDER     1,085

DISTRICT TOTAL     6,688

DISTRICT 3

Area     Population

Sumter County

BATES     1,495

BIRNIE

Tract 0013.00

Blocks: 126A, 126B, 313, 314, 315A, 315B, 316, 317A, 317B, 318A, 318B, 319     309

Tract 0015.00

Blocks: 404A, 404B, 405, 406, 407A, 407B, 407C, 412A, 412B, 412C, 412D, 413, 414, 415, 416, 417, 418, 421, 422, 423, 424, 425, 426A, 426B, 426C, 427, 428A, 428B     246

Tract 0016.00

Blocks: 311A, 311B, 311C, 332, 333, 334, 335, 336, 337     137

MAGNOLIA

Tract 0011.00

Blocks: 213B, 214B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 323, 324, 325, 326, 327, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 401A, 402A, 403A, 403B, 403C, 403D, 404, 405, 406, 407, 408A, 408B, 409, 501, 502, 503, 504, 507, 508, 509, 510, 511, 512, 513     957

MILLWOOD

Tract 0017.01

Blocks: 222, 223, 224, 225, 226, 227, 228, 229, 230     556

SAVAGE GLOVER     1,188

SOUTH LIBERTY

Tract 0013.00

Blocks: 306, 307, 308, 309, 310, 311, 312     295

SUNSET     1,868

DISTRICT TOTAL     7,051

DISTRICT 4

Area     Population

Sumter County

CAUSEWAY BRANCH

Tract 0017.01

Blocks: 136, 137, 138, 139, 140A, 140B, 141, 144, 207, 208B, 234A, 234B, 234C, 235, 236A, 236B, 236C     1,195

Tract 0018.02

Blocks: 171, 172     45

DELAINE

Tract 0017.01

Blocks: 142, 143     14

GREEN SWAMP

Tract 0009.00

Blocks: 430B, 430E, 439, 440, 443, 444, 445     232

MANCHESTER FOREST

Tract 0017.02

Blocks: 104, 110     10

MCCRAYS MILL NORTH     1,984

MCCRAYS MILL SOUTH

Tract 0017.02

Blocks: 124, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 307, 310, 311, 312, 313, 314, 315, 316, 317, 318     2,236

MILLWOOD

Tract 0017.01

Blocks: 133, 204A, 204B, 205, 206, 208A, 209, 210A, 210B, 211, 231A, 231B, 232, 233A, 233B,     233C     356

SECOND MILL

Tract 0009.00

Blocks: 430C, 430F, 441, 442A, 442B, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478     1,079

DISTRICT TOTAL     7,151

DISTRICT 5

Area     Population

Sumter County

CROSSWELL     2,634

LORING     2,074

MAGNOLIA

Tract 0011.00

Blocks: 215B, 302A, 303, 304, 305, 306, 307, 318, 319, 320, 321, 322, 328, 329, 330, 331     15

Tract 0013.00

Blocks: 501, 502, 503, 504, 505, 510, 511, 512, 513, 518, 521, 522, 523, 524, 525, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612     135

SALTERSTOWN     1,665

DISTRICT TOTAL     6,523

DISTRICT 6

Area     Population

Sumter County

BIRNIE

Tract 0013.00

Blocks: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 212, 213, 304, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409     1,042

Tract 0015.00

Blocks: 401A, 401B, 402, 403, 408, 409, 410A, 410B, 411, 419, 420A, 420B     95

BURNS DOWNS     975

HAMPTON PARK     1,232

MILLWOOD

Tract 0017.01

Blocks: 201A, 201B, 202A, 202C, 202D, 203, 212, 213, 214, 215A, 215B, 216A, 216B, 217A, 217B, 218A, 218B, 219A, 219B, 220, 221     606

SECOND MILL

Tract 0009.00

Blocks: 319, 320, 321A, 321B, 322, 323, 324     187

Tract 0017.01

Blocks: 202B     0

SOUTH LIBERTY

Tract 0013.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301, 302, 303, 506, 507, 508, 509, 514, 515, 516, 517, 519, 520     987

SWAN LAKE     1,432

DISTRICT TOTAL     6,556

DISTRICT 7

Area     Population

Sumter County

CAUSEWAY BRANCH

Tract 0017.01

Blocks: 122, 124, 125, 126, 127, 128, 129, 130, 132, 134, 135     886

DALZELL DUBOSE

Tract 0004.00

Blocks: 317A, 317B, 317D, 322, 323A, 323B, 323C, 323D     42

DELAINE

Tract 0017.01

Blocks: 102A, 102B, 102C, 103, 104A, 104B, 104C, 104D, 104E     49

Tract 0018.02

Blocks: 163     0

GREEN SWAMP

Tract 0009.00

Blocks: 401A, 401B, 401C, 401D, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430D, 431A, 431B, 432A, 432B, 433, 434, 435, 436, 437, 438     2,293

MILLWOOD

Tract 0017.01

Blocks: 101A, 101B, 101C, 105A, 105B, 106A, 106B, 106C, 107, 108, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 120D, 121, 131, 149, 150     1,213

PALMETTO PARK     2,203

DISTRICT TOTAL     6,686"

SECTION     5.     Section 3 of Act 741 of 1990 is amended to read:

"SECTION     3.     After the members elected in 1992 from School Districts 2 and 17 qualify and take office, if a member of the board moves his residence from the single-member election district from which he was elected, his office becomes vacant automatically."

SECTION     6.     Act 643 of 1980, Act 576 of 1982, and Act 796 of 1988 are repealed.

SECTION     7.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

On motion of Rep. McELVEEN, with unanimous consent, it was ordered that H. 4462 be read the third time tomorrow.

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

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.

The following Bill was taken up.

H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.

Rep. WRIGHT explained the Bill.

Reps. INABINETT, HOLT and J. BROWN objected to the Bill.

Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, May 26, 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. 1361 -- Senators Giese, Reese and Lourie: 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.

Rep. WRIGHT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10049.AC), which was adopted.

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

/SECTION     1.     Title 44 of the 1976 Code is amended by adding:

Section 44-38-10.     There is created the South Carolina Head and Spinal Cord Injury Information System to provide a central information surveillance system and registry for head and spinal cord injuries.

Section 44-38-20.     As used in this chapter:

(1) 'Council' means the South Carolina Head and Spinal Cord Injury Information System Council established pursuant to this chapter.

(2)     'Head injury' means an insult to the skull or brain, not of a degenerative or congenital nature, but one caused by an external physical force that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning and possibly in behavioral or emotional functioning. It does not include cerebral vascular accidents and aneurysms.

(3)     'Spinal cord injury' means an acute, traumatic lesion of neural elements in the spinal canal resulting in any degree of sensory deficit, motor deficit, or major life functions. The deficit or dysfunction may be temporary or permanent.

(4)     'System' means the South Carolina Head and Spinal Cord Injury Information System established pursuant to this chapter.

Section 44-38-30.     (A)     There is the South Carolina Head and Spinal Cord Injury Information System Council established for the purpose of overseeing the daily activities of the system. The council is composed of the following ex officio members or their designees: the chairman, Developmental Disabilities Council, Office of the Governor, the chairman of the Joint Committee to Study the Problems of Persons with Disabilities, the State Commissioner of the State Department of Mental Health, the Commissioner of the State Agency of the Department of Vocational Rehabilitation, the Commissioner of the State Department of Mental Retardation, the Commissioner of the South Carolina Department of Health and Environmental Control, the Executive Director of the South Carolina Health and Human Services Finance Commission, Dean of the University of South Carolina School of Medicine, the Dean of the Medical University of South Carolina, the Executive Director of the South Carolina Hospital Association, one representative from each of the head injury advocacy organizations, and one individual with a spinal cord injury. The council shall elect a chairman who may appoint such other nonvoting members who may serve in an advisory capacity to the council, including representatives from the private service delivery sector.

(B)     Members of the council shall receive no compensation, including subsistence, per diem, or mileage for service on the council.

Section 44-38-40.     In carrying out the purposes of this chapter the council shall:

(1)     determine and implement the most cost effective method:

(a)     to collect, record, analyze, and disseminate data on the incidence and causes of head and spinal cord injuries;

(b)     to gather such other data as needed from existing sources of the South Carolina Statewide Hospital Data System and the Trauma Registry of the Division of Emergency Medical Services;

(2)     provide information for initiation of case management services and preventive programs for head and spinal cord injured persons in this State;

(3) develop and promote primary prevention programs related to preventing head and spinal cord injuries;

(4)     perform other duties and functions as determined by the council to be necessary for implementation of this chapter.

Section 44-38-50.     The council shall develop:

(1)     reporting forms and procedures for reporting the information required by this chapter;

(2)     a system to provide follow up to individuals entered in the registry; and

(3)     procedures for gathering information from other states in which a South Carolina resident may be admitted for a head or spinal cord injury, or both;

(4)     procedures for approving research projects or participation in research activities.

Section 44-38-60.     (A)     All reports and records made pursuant to this chapter and maintained by the system, any agency, hospital, institution, other facility, or person pursuant to this chapter are confidential and may not be disclosed under the Freedom of Information Act. Information must not be released except to:

(1)     appropriate staff of the system;

(2)     submitting hospitals or their designees;

(3)     a person engaged in a research project approved pursuant to Section 44-38-50 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section;

(4)     a member of the council, except that no information identifying a subject of a report or a reporter may be made to the council unless consent is obtained pursuant to this section.

(B)     The identity of a patient, physician, or hospital is confidential and may not be released, except that the identity of a patient may be released upon informed written consent of the patient, or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.

Section 44-38-70.     The council shall submit an annual report to the Joint Committee to Study Problems of Persons with Disabilities including, but not limited to, the incidence and status of head and spinal cord injuries in South Carolina, the administration of the system and recommendations for modifications in the system and for improving the delivery of services to persons with these injuries.

Section 44-38-80.     No person, medical facility, or other organization providing or releasing information in accordance with this chapter may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.

Section 44-38-90.     A person subject to this chapter who intentionally fails to comply with reporting or confidentiality and disclosure requirements of this chapter is subject to a civil penalty of not more than one hundred dollars for the first violation time a person fails to comply and not more than five thousand dollars for a subsequent violation."

SECTION     2.     The South Carolina Head and Spinal Cord Injury Information System as established in Section 1 of this act must be fully operational by July 1, 1993.

SECTION     3.     The South Carolina Head and Spinal Cord Injury Information System as established by Section 1 of this act is initially and temporarily placed within and staffed and administered by the Interagency Office of Disability Prevention currently located within the State Department of Mental Retardation. The South Carolina Head and Spinal Cord Injury Information System Council, with the assistance of the Interagency Office of Disability Prevention, shall evaluate and recommend to the Joint Committee to Study the Problems of Persons with Disabilities by July 1, 1993, the most appropriate permanent placement for the South Carolina Head and Spinal Cord Injury Information System.

SECTION     4.     Funding for the first two years of the South Carolina Head and Spinal Cord Injury Information System must be provided by funds available to the Interagency Office of Disability Prevention through a Center for Disease Control grant.

SECTION     5.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

Rep. HOUCK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\2730.AC), which was adopted.

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

/SECTION     ___.     The South Carolina Board of Medical Examiners shall promulgate regulations, no later than November 1, 1992, outlining qualifications for the issuance of a special class of license for physicians who are retired from active practice and wish to donate their expertise for the care and treatment of needy patients or patients in underserved areas./

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 1361     General Subject Matter:

Amendment #: 2.     Subject Matter: Special licensing for retired MD's.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. WILLIAM S. HOUCK, JR.

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

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that S. 1361 be read the third time tomorrow.

Rep. WRIGHT moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

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.

Rep. WRIGHT moved to table the Bill, which was agreed to.

The following Bill was taken up.

H. 4514 -- Rep. Quinn: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES WHICH A LENDER MAY RECEIVE IN CONNECTION WITH A CONSUMER LOAN NOT CONSIDERED FINANCE CHARGES, SO AS TO DELETE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS, AND TO ADD SECTION 37-3-211 SO AS TO PROVIDE THAT FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS ARE CONSIDERED FINANCE CHARGES.

Rep. L. MARTIN moved to continue the Bill, which was agreed to.

The following Bill was taken up.

H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3908.AL)

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

/SECTION ___.     Section 12-37-220B(29) of the 1976 Code, as last amended by Act 129 of 1987, is further amended to read:

"(29) One personal motor vehicle or truck, not exceeding three-quarter ton, owned or leased by and licensed and registered in the name of any member or former member of the armed forces who was a prisoner of war (POW) in World War I, World War II, the Korean Conflict, or the Vietnam Conflict and who is a legal resident of this State, for which motor vehicle or truck a special tag has been issued by the Department of Highways and Public Transportation in accordance with the provisions of Sections 56-3-1150 and 56-3-1160, is exempt from state, county, and municipal taxes. This exemption also extends to the surviving spouse of a qualified former POW for the lifetime or until the remarriage of the surviving spouse."/

Amend further by striking SECTION 2 and inserting:

/SECTION 2.     This act takes effect upon approval by the Governor and applies to vehicles owned or leased by a former POW or his surviving spouse after December 31, 1990./

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 26, which was adopted.

Rep. HOLT moved that the Ethics Committee be granted a leave of the House, which was agreed to.

Rep. G. BROWN moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.

S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.

Rep. L. MARTIN moved to adjourn debate upon the following Joint Resolution until Wednesday, May 27, which was adopted.

H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RAMA moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.

H. 4616 -- Reps. Wright, Keegan, Hallman, Harrison, Inabinett, Keyserling, Mattos, Jaskwhich, Riser, Canty, Quinn, A. Young, Council, L. Martin and Manly: A BILL TO AMEND TITLE 57, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES.

The following Bill was taken up.

H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6521.HC).

Amend the bill, as and if amended, by striking Section 58-23-640, as contained in SECTION 2, page 2, and inserting:

/Section 58-23-640.     The South Carolina Public Service commission shall charge for hire carriers, contract carriers, and motor carriers of exempt commodities an initial registration fee of twenty-five dollars for registration of interstate authority and letters of exemption filed with this department. There shall be an additional charge of ten dollars for any amendment to this authority, provided, that mobile home transporters shall be charged one-half the amendment fee. The commission shall charge a fee of five dollars for stamp issued, pursuant to the above vehicle each identifier. All funds derived from such fees and charges shall be deposited in the state treasury and distributed in the manner provided by Section 58-23-630 provided, that four Four dollars of the five-dollars dollar stamp identifier fee shall must be remitted to the general fund and become part of the unrestricted general fund revenue. The South Carolina Public Service commission may promulgate regulations pursuant to this section./

Amend further, by striking SECTION 3 and inserting:

/SECTION     3.     Section 1 of this act takes effect July 1, 1992. Section 2 of this act takes effect on the earlier of January 1, 1994, or the effective date of Section 4005 of the Intermodal Surface Transportation Efficiency Act of 1991, P. L. 102-240./

Renumber sections to conform.

Amend totals and title to conform.

Rep. PHILLIPS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. PHILLIPS having the floor.

Rep. G. BROWN moved that the House recur to the Morning Hour, which was rejected.

Reps. FAIR, J. BAILEY, RAMA, G. BAILEY, HUFF and BARBER withdrew their objections to the following Bill.

H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.

Reps. BAKER, FELDER, HASKINS and CLYBORNE withdrew their objections to the following Bill whereupon objections were raised by Reps. McTEER, HODGES, ROGERS, BEATTY, DELLENEY, KEYSERLING, SCOTT, HARWELL and TUCKER.

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.

Reps. HALLMAN and KEYSERLING withdrew their objections to the following Bill.

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.

Reps. McLEOD and CROMER withdrew their objections to the following Bill.

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

Rep. KENNEDY withdrew his objection to the following Bill whereupon objections were raised by Reps. HODGES and ROGERS.

S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.

Reps. FELDER, HASKINS, CLYBORNE and RAMA withdrew their objections to the following Bill whereupon an objection was raised by Rep. TUCKER.

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

Reps. BARBER, J. BAILEY, FULMER, BAKER and CLYBORNE withdrew their objections to S. 494 however, other objections remained upon the Bill.

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

Reps. RAMA, BAKER, HASKINS, BRUCE, CARNELL, CLYBORNE and FELDER withdrew their objections to the following Bill whereupon objections were raised by Reps. SCOTT and DELLENEY.

H. 4011 -- Reps. Hayes and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.

Reps. VAUGHN and KOON withdrew their objections to the following Bill whereupon objections were raised by Reps. DELLENEY and SCOTT.

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

Reps. BAKER, CLYBORNE, HASKINS, RAMA and COOPER withdrew their objections to the following Bill whereupon objections were raised by Reps. TUCKER, SCOTT, ROGERS, HODGES and KEYSERLING.

S. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.

Rep. COOPER withdrew his objection to the following Bill whereupon objections were raised by Reps. ROGERS and SCOTT.

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.

Rep. WRIGHT withdrew his objection to the following Bill whereupon an objection was raised by Rep. HASKINS.

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. McLEOD asked unanimous consent for the Hazardous Waste Report to be printed in the Journal on Friday, which was agreed to.

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

S. 1085 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

On motion of Rep. SNOW, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.

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

H. 4635 -- Rep. Boan: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

Rep. ANDERSON asked unanimous consent to recall H. 4720 from the Committee on Ways and Means.

Rep. KIRSH objected.

Rep. SCOTT asked unanimous consent to recall H. 3809 from the Committee on Judiciary.

Rep. HUFF objected.

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

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Rep. WILKINS asked unanimous consent to recommit H. 4721 to the Judiciary Committee, which was agreed to.

Rep. McABEE moved that the House recur to the Morning Hour, which was rejected.

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

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6628.HC), which was adopted.

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

/SECTION 1.     The State Commission on Higher Education shall conduct a study to determine the appropriate elements for a South Carolina Prepaid Postsecondary Tuition Plan. The commission shall report its recommendations to the General Assembly no later than January 15, 1993.

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

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

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

S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

Rep. McLEOD moved to commit the Bill to the Committee on Labor, Commerce and Industry.

Rep. J. BAILEY moved to table the motion.

Rep. McGINNIS moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Beatty                 Bennett                Elliott, L.
McGinnis               McLeod                 Nettles
Rhoad                  Williams, D.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Baxley                 Beasley                Boan
Brown, G.              Brown, H.              Burch, K.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cooper                 Council                Cromer
Delleney               Elliott, D.            Felder
Fulmer                 Gentry                 Gonzales
Harrelson              Harrison               Haskins
Hodges                 Houck                  Huff
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             McAbee
McCraw                 Meacham                Phillips
Rama                   Riser                  Ross
Rudnick                Scott                  Sheheen
Shirley                Shissias               Stoddard
Stone                  Taylor                 Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkins                Wofford
Wright                 Young, A.

So, the House refused to adjourn.

The question then recurred to the motion to table the motion to commit the Bill to the Labor, Commerce and Industry Committee, which was agreed to.

Rep. McLEOD spoke against the Senate amendments.

Rep. McLEOD moved to table the Bill, which was agreed to by a division vote of 51 to 27.

Rep. WALDROP moved to adjourn debate upon the Senate amendments until Tuesday, May 26, 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.

H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.

Rep. WALDROP explained the Senate amendment.

Rep. WILKINS moved to adjourn debate upon the Senate amendments until Tuesday, May 26, which was adopted.

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

H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.

Rep. BAXLEY 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.

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

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

Rep. HODGES 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.

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

H. 4257 -- Rep. Cromer: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO ELIMINATE THE EXCEPTION PROVIDING THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO FOWL.

Rep. CROMER 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. GONZALES moved to reconsider the vote whereby the following Bill was tabled.

S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

Rep. GONZALES moved to adjourn debate upon the motion to reconsider, which was adopted.

Rep. WILKINS moved to adjourn debate upon the Senate amendments until Tuesday, May 26, which was adopted.

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

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

H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

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

H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE A PENALTY FOR VIOLATION.

Rep. RUDNICK 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.

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

H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: A BILL TO AMEND SECTION 44-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; AND TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE.

Rep. RAMA 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. WILKINS moved to adjourn debate upon the Senate amendments until Tuesday, May 26, which was adopted.

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

Rep. McABEE moved that the House recur to the Morning Hour, which was rejected by a division vote of 33 to 34.

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

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".

The following Bill was taken up.

H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.

Rep. RUDNICK moved to adjourn debate upon the Bill.

Rep. WRIGHT moved to table the motion.

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

The motion to table the motion to adjourn debate was agreed to by a division vote of 32 to 23.

The Bill was then read the third time and ordered sent to the Senate.

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

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.

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

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

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

H. 4877 -- Reps. Phillips and McCraw: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. PHILLIPS having the floor.

H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.

Rep. McABEE moved to adjourn debate upon the Bill until Tuesday, May 26, which was adopted.

Rep. McABEE moved to adjourn debate upon the following Joint Resolution until Tuesday, May 26, which was adopted.

H. 3594 -- Reps. Cromer, Keegan, Corbett, Baker, Kempe, Vaughn, Cork, J. Bailey, Barber, Waites, J.C. Johnson, A. Young, Rama, L. Elliott, Meacham and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.

The following Bill was taken up.

H. 4687 -- Rep. Felder: A BILL TO AMEND SECTION 38-77-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE UNDER THE STATE'S AUTOMOBILE INSURANCE LAW, SO AS TO DELETE PROVISIONS, INCLUDING REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY, PROVIDE REFERENCE TO AN UNDERWRITING ASSOCIATION, AND TO MAKE CHANGES TO THE DECLARATION; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE THE DEFINITION OF "FACILITY" AND TO DEFINE "UNDERWRITING ASSOCIATION", DELETE THE DEFINITION OF "QUOTA SHARE REINSURANCE" AND TO DEFINE "SHARED RISK POOLING", PROVIDE A DEFINITION FOR "WEIGHTED BUREAU RATE", CHANGE THE DEFINITION OF "SPECIALIZED INSURER", AND PROVIDE A DEFINITION FOR "ALLOCATION FEE" AND "ALLOCATION CREDIT"; TO CHANGE THE TITLE OF ARTICLE 3, CHAPTER 77, TITLE 38 FROM "MANDATE TO WRITE AND INSURANCE COVERAGE" TO "CERTAIN REQUIREMENTS TO INSURE AND INSURANCE COVERAGE"; TO CHANGE THE TITLE OF SECTION 38-77-110 FROM "INSURERS REQUIRED TO INSURE; EXCEPTIONS" TO "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", DELETE PROVISIONS OF THAT CODE SECTION, AS AMENDED, AND ADD NEW PROVISIONS, INCLUDING THE PROVISION THAT A REFUSAL TO WRITE AN AUTOMOBILE INSURANCE POLICY MUST BE IN WRITING STATING THE CAUSE OF THE REFUSAL IF REQUESTED BY THE APPLICANT; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN APPLICANT FOR AUTOMOBILE INSURANCE OR A POLICYHOLDER IS REQUIRED TO HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO DELETE THE REFERENCE TO SECTION 38-77-280; TO AMEND SECTION 38-77-115, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT SIGNS ARE REQUIRED IN AN AGENT'S PLACE OF BUSINESS, SO AS TO DELETE THE PROVISIONS OF THAT SECTION, REQUIRE THAT AUTHORIZED AGENTS FOR EVERY INSURER COVERED BY SECTION 38-77-110 SHALL POST A SIGN WHICH IS TO BE TITLED "PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES", AND PROVIDE FOR THE CONTENTS OF THE SIGN; TO AMEND SECTION 38-77-140, RELATING TO THE BODILY INJURY AND PROPERTY DAMAGE LIMITS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO CHANGE THE AMOUNTS OF CERTAIN OF THE LIMITS; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION COVERAGE AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT NO POLICY OF INSURANCE WHICH PROVIDES AUTOMOBILE PHYSICAL DAMAGE COVERAGE ONLY MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-285, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE COVERAGES BE IN ONE INSURANCE POLICY, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT THIS CODE SECTION APPLIES ONLY TO INSURANCE POLICIES COVERING PRIVATE PASSENGER VEHICLES; TO CHANGE THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38 FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "UNDERWRITING ASSOCIATION; SERVICING CARRIERS AND PRODUCERS"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-511 SO AS TO CREATE THE NONPROFIT, UNINCORPORATED LEGAL ENTITY KNOWN AS THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-520, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MUST BECOME MEMBERS OF THE REINSURANCE FACILITY, SO AS TO REPLACE THE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION BY THE REINSURANCE FACILITY AND APPROVAL BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE INSTEAD FOR THE PLAN OF OPERATION OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF THE CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION, PROVIDE THAT THE UNDERWRITING ASSOCIATION SHALL ACCEPT THE TRANSFER OF RISK ON ANY POLICY OF AUTOMOBILE INSURANCE AT THE OPTION OF ANY INSURER BUT ONLY AT THE RATE OR PREMIUM CHARGE AS DETERMINED UNDER THE RATING PLANS ESTABLISHED BY THE GOVERNING BOARD AND APPROVED BY THE COMMISSIONER, SUBJECT TO CERTAIN PROVISIONS OF LAW, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-550, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT LEGAL RIGHTS OF THE INSURED AND THE INSURER ARE NOT AFFECTED BY REINSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE EFFECT OF THE TRANSFER OF RISK UNDER A POLICY OF AUTOMOBILE INSURANCE TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING; TO AMEND SECTION 38-77-560, RELATING TO DEDUCTIONS TO A CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE THAT AN INSURER TRANSFERRING RISKS ON AUTOMOBILE INSURANCE POLICIES TO THE UNDERWRITING ASSOCIATION SHALL RECEIVE CREDIT BY WAY OF DEDUCTION FROM ITS UNEARNED PREMIUM LIABILITY AS CALCULATED IN ACCORDANCE WITH SECTION 38-9-170; TO AMEND SECTION 38-77-570, RELATING TO INVESTMENT AND DISTRIBUTION OF FUNDS OF THE REINSURANCE FACILITY, SO AS TO DELETE THE EXISTING PROVISIONS OF THE CODE SECTION AND PROVIDE FOR THE INVESTMENT AND DISTRIBUTION OF THE FUNDS AND RESERVES OF THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCES TO THE FACILITY AND REPLACE THEM WITH REFERENCES TO THE UNDERWRITING ASSOCIATION, AND DELETE REFERENCES TO "DESIGNATED AGENTS" AND REPLACE THEM WITH REFERENCES TO "SERVICING AGENTS"; TO AMEND SECTION 38-77-585, AS AMENDED, RELATING TO ADDITIONAL BOARD MEMBERS OF THE REINSURANCE FACILITY, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE REINSURANCE FACILITY AND DESIGNATED INSURERS AND PROVIDE REFERENCES TO UNDERWRITING ASSOCIATION CONTRACTED INSURERS; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO DESIGNATED PRODUCERS UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO DELETE CERTAIN PROVISIONS, ADD PROVISIONS, INCLUDING THE REQUIREMENT THAT THE GOVERNING BOARD OF THE UNDERWRITING ASSOCIATION CONTRACT WITH DOMESTIC INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE BOARD, CHANGE THE QUALIFICATIONS FOR AN APPLICANT FOR ASSIGNMENT TO A SERVICING CARRIER, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-77-630, AS AMENDED, RELATING TO POLICIES CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE UNDERWRITING ASSOCIATION, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT A RISK, OTHER THAN AT RENEWAL, MAY BE TRANSFERRED TO THE UNDERWRITING ASSOCIATION ONLY WHEN THE APPLICATION IS ACCOMPANIED BY EITHER A RENEWAL NOTICE FROM ANOTHER INSURER OR A MOTOR VEHICLE REPORT (MVR) ISSUED AT THE POINT OF SALE, TOGETHER WITH THE FULL PREMIUM CORRECTLY REFLECTING THE FACTS SHOWN ON THE MVR OR CONSISTENT WITH THE PREMIUM QUOTED IN THE RENEWAL NOTICE; TO AMEND SECTION 38-77-910, RELATING TO THE AUTOMOBILE INSURANCE LAWS AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE THAT ANY VIOLATION OF THIS CODE SECTION OR THE PROHIBITION AGAINST DISCRIMINATORY UNDERWRITING PRACTICES AS DESCRIBED UNDER SECTION 38-77-110 MAY BE CAUSE FOR REVOCATION OR SUSPENSION OF THE INSURER'S OR AGENT'S LICENSE BY THE CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, THE PROPERTY RIGHTS OF CERTAIN AGENTS, AND THE RESTRICTION OF MAILINGS TO CERTAIN AREAS, SO AS TO DELETE CERTAIN PROVISIONS AND ADD PROVISIONS, INCLUDING THE PROVISION THAT NO INSURER MAY AGREE, COLLUDE, OR CONSPIRE WITH AN AGENT OR GIVE, OFFER, OR PROMISE AN AGENT ANYTHING OF VALUE TO PLACE ANY RISK OR ANY CLASS OR TYPE OF RISK IN ANOTHER INSURER; TO AMEND SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAWS, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS AND REPLACE THE REFERENCES TO THE REINSURANCE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, REPLACE REFERENCES TO THE FACILITY WITH REFERENCES TO THE UNDERWRITING ASSOCIATION INSTEAD, AND ADD PROVISIONS, INCLUDING THE PROVISION FOR MAKING A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION; TO AMEND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING THE PROVISION THAT WHEN DEALING WITH THE AGENTS OF THE COMPANY, WHO ARE LICENSED TO SELL AUTOMOBILE INSURANCE, THE COMPANY MAY NOT USE ANY BUSINESS TRANSFERRED TO THE UNDERWRITING ASSOCIATION IN DETERMINING THE PROFITABILITY OF THAT AGENT'S BUSINESS; TO AMEND SECTION 38-73-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE AND CONSTRUCTION OF CHAPTER 73 OF TITLE 38, DEALING WITH PROPERTY, CASUALTY, INLAND MARINE, AND SURETY RATES AND RATEMAKING ORGANIZATIONS, SO AS TO DELETE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION, AND ADD PROVISIONS, INCLUDING A PROVISION THAT AN AUTOMOBILE INSURER SHALL FILE AND OFFER FOR AUTOMOBILE INSURANCE A RATE AS DEFINED IN SECTION 38-73-457, WHICH RATE IS SUBJECT TO ALL SURCHARGES OR DISCOUNTS, IF ANY, APPLICABLE UNDER ANY APPROVED MERIT RATING PLAN, CREDIT OR DISCOUNT PLAN PROMULGATED OR APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND A PROVISION THAT NO POLICY MAY BE ENDORSED DURING A POLICY PERIOD TO REFLECT FACTORS OR CONDITIONS OCCURRING DURING THAT POLICY PERIOD; TO AMEND SECTION 38-73-457, RELATING TO INSURANCE CASUALTY AND SURETY RATES, FILING INFORMATION ON BASE RATES, AND THE EFFECTIVE DATE OF RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND ADD PROVISIONS, INCLUDING A PROVISION THAT EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION SHALL FILE WITH THE CHIEF INSURANCE COMMISSIONER A RATE FOR AUTOMOBILE INSURANCE BY COVERAGE CALCULATED SOLELY UPON THE EXPERIENCE GENERATED BY THE INSURER IN ITS BOOK OF BUSINESS AND WHICH MUST NOT INCLUDE EXPERIENCE GENERATED BY RISKS TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING, AND INCLUDING A PROVISION THAT EFFECTIVE OCTOBER 1, 1992, THE COMMISSIONER SHALL DISALLOW THE FURTHER USE OF THE OBJECTIVE STANDARDS RATE PREVIOUSLY FILED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 38-73-460, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS ON RATES, SO AS TO DELETE THE REFERENCE TO THE REINSURANCE FACILITY AND REPLACE IT WITH REFERENCE TO THE AUTOMOBILE UNDERWRITERS ASSOCIATION, AND PROVIDE THAT IT IS THE INTENT OF THE PLAN OF OPERATION OF THE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-77-530 THAT THE ALLOCATION FEE OR CREDIT BE UTILIZED TO RECOVER OR DISBURSE THE ALLOCATED NET LOSSES OR GAINS OF THE UNDERWRITERS ASSOCIATION DISTINCTLY AND SEPARATELY FROM THE RATE FILINGS OF INDIVIDUAL INSURERS OR RATING ORGANIZATIONS; TO AMEND SECTION 38-73-520, RELATING TO INSURANCE CASUALTY AND SURETY RATES AND THE REQUIREMENT OF RATE FILINGS, SO AS TO PROVIDE FOR THE EXCEPTION OF AN INSURER'S USE OF THE RATE PLANS OF THE AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-73-455; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE THE PROVISION THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY BE CEDED TO THE REINSURANCE FACILITY IN ACCORDANCE WITH THE FACILITY'S PLAN OF OPERATION; TO AMEND SECTION 38-73-750, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION, THE REQUIREMENT THAT PLANS MUST BE FILED BY INSURERS, THE PROVISION THAT CERTAIN PLANS MAY NOT BE FILED OR APPROVED, AND THE DISAPPROVAL OF PLANS BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REFERENCE TO THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCE TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-920, RELATING TO INSURANCE RATES, RATE MAKING, RATE FILING, AND THE PROVISION THAT NO INSURANCE MAY BE ISSUED EXCEPT ON RATES FILED, SO AS TO DELETE CERTAIN PROVISIONS AND ADD CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT THIS SECTION DOES NOT APPLY TO CONTRACTS OR POLICIES FOR INLAND MARINE RISKS AND TO THE APPORTIONMENT OF GAINS OR LOSSES OF THE UNDERWRITING ASSOCIATION IN THE FORM OF ALLOCATION FEES OR CREDITS AS TO WHICH FILINGS ARE NOT REQUIRED; TO AMEND SECTION 38-73-1420, RELATING TO INSURANCE RATING ORGANIZATIONS, THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE THE EXPENSE COMPONENT, AND USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE THE EXISTING PROVISIONS OF THAT CODE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION REQUIRING THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION TO FILE AN EXPENSE COMPONENT FOR RATE OR PREMIUM CHARGES DEVELOPED UNDER RATE PLANS APPROVED BY THE CHIEF INSURANCE COMMISSIONER, AND INCLUDING A PROVISION THAT AUTOMOBILE INSURERS CONTRACTED TO THE SOUTH CAROLINA AUTOMOBILE UNDERWRITERS ASSOCIATION PURSUANT TO SECTION 38-77-590(a) AND ALL INSURERS ON POLICIES OF AUTOMOBILE INSURANCE TRANSFERRED TO THE UNDERWRITING ASSOCIATION FOR SHARED RISK POOLING SHALL UTILIZE THE FINAL RATE OR PREMIUM CHARGES UNDER THE APPLICABLE RATE PLAN APPROVED BY THE CHIEF INSURANCE COMMISSIONER FOR THE UNDERWRITING ASSOCIATION COMPRISING THESE FILED RATES; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO CONDUCT A STUDY TO DETERMINE WHETHER THERE ARE MORE EQUITABLE TERRITORIES IN THIS STATE, WHERE PRIVATE PASSENGER AUTOMOBILE INSURERS COMPETE, THAN NOW EXIST WHICH WOULD ALLOW A GREATER DEGREE OF OPEN-MARKET COMPETITION; TO PROVIDE THAT ANY PERSON WHO SHALL OPERATE OR ALLOW AN UNINSURED MOTOR VEHICLE TO BE OPERATED SHALL SUFFER THE IMMEDIATE IMPOUNDMENT OF SUCH VEHICLE UNTIL SUCH TIME AS HE POSTS LIABILITY INSURANCE IN THE AMOUNT REQUIRED BY CHAPTER 77, TITLE 38, AND PAYS ANY STORAGE AND IMPOUNDMENT FEES, TOGETHER WITH ANY OTHER FINES OR FEES IMPOSED FOR THE OPERATION OF AN UNINSURED MOTOR VEHICLE; PROVIDE THAT NO NEWLY LICENSED DRIVER WHO HAS OBTAINED HIS DRIVER'S LICENSE AFTER SUCCESSFULLY COMPLETING A DULY LICENSED COURSE IN DRIVER TRAINING SHALL BE DEPRIVED OF THE BENEFIT OF A SAFE DRIVER DISCOUNT FOR AUTOMOBILE INSURANCE PURPOSES, AND PROVIDE THAT NO STUDENT WHO SUCCESSFULLY COMPLETES A RECOGNIZED AND APPROVED COURSE IN DRIVER EDUCATION IN THE SCHOOL HE ATTENDS AND OBTAINS HIS DRIVER'S LICENSE FOLLOWING SUCH COMPLETION OF THE COURSE SHALL HAVE HIS POLICY OF AUTOMOBILE INSURANCE CEDED TO THE REINSURANCE FACILITY OR BE DEPRIVED OF ANY DISCOUNT HE RECEIVES OR IS ENTITLED TO RECEIVE AS A RESULT OF THE SUCCESSFUL COMPLETION OF SUCH COURSE; AND TO REPEAL SECTIONS 38-73-1410, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISION THAT THE REFILING OF FINAL RATES OR PREMIUM CHARGES PREVIOUSLY APPROVED IS NOT REQUIRED, 38-73-1425, RELATING TO INSURANCE RATING ORGANIZATIONS AND THE PROVISIONS REGARDING THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-510, RELATING TO THE REINSURANCE FACILITY, 38-77-595, RELATING TO THE REINSURANCE FACILITY AND CONDITIONS FOR DESIGNATION OF OTHERWISE INELIGIBLE APPLICANTS FOR DESIGNATION, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE FACILITY RECOUPMENT CHARGE BE DISPLAYED, 38-77-610, RELATING TO AUTOMOBILE INSURANCE AND THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE INCLUSION OF RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, 38-77-625, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT THERE SHALL BE NO INCREASE IN THE RECOUPMENT CHARGE UNDER CERTAIN CONDITIONS, AND 38-77-930, RELATING TO THE PROVISION THAT NO AUTOMOBILE INSURER WHICH IS A MEMBER OF A GROUP OF AFFILIATED AUTOMOBILE INSURANCE INSURERS MAY MAKE OR ADOPT CERTAIN RULES.

Reps. FELDER, McABEE, J. BAILEY, CATO, MARCHBANKS, T.C. ALEXANDER, COBB-HUNTER, FULMER, HALLMAN, McGINNIS and RAMA objected to the Bill.

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

S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.

S. 1527 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.

H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4837 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 1527 be read the third time tomorrow.

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 4837 be read the third time tomorrow.

The following Bill was taken up.

S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2761.AC), which was adopted.

Amend the bill, as and if amended, by deleting the two paragraphs immediately before the enacting words on page 1, lines 31 through 40, and inserting:

/Whereas, this portion of old United States Routes 15 and 301 is no longer needed for public use. Now, therefore,/

Amend further, Section 1, page 2, line 2, by deleting /remove/ and inserting /abandon/; and on page 2, beginning on line 8, by deleting /and transfer the removed portion to the South Carolina Public Service Authority/.

Amend title to conform.

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

On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that S. 1526 be read the third time tomorrow.

Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, May 26, which was adopted.

H. 4592 -- Reps. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.

Rep. McABEE moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 52 to 26.

The Senate returned to the House with concurrence the following:

H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.

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.

H. 4864 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. RUBY JONES, SUPERVISOR OF BUILDING JANITORIAL SERVICES FOR THE STATE HOUSE, FOR HER LIFETIME OF DEDICATED PUBLIC SERVICE AND TO WISH HER WELL IN HER RETIREMENT.

H. 4866 -- Reps. Scott, J. Brown, Byrd, Taylor, Rogers, Waites, Cromer, Shissias, Corning, Harrison and Quinn: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO JAMES L. SOLOMON, JR., OF COLUMBIA FOR HIS DISTINGUISHED SERVICE AS COMMISSIONER OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES AND TO EXTEND BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

H. 4867 -- Reps. Cato, M.O. Alexander, Anderson, Baker, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF OUR FORMER COLLEAGUE, JOHN WOOD OF TIGERVILLE IN GREENVILLE COUNTY.

H. 4872 -- Reps. Quinn, J. Brown, Rogers, Harrison, Scott, Taylor, Canty, Byrd, Waites, Corning and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. JOAN FISHER BROOME OF RICHLAND COUNTY UPON HER RETIREMENT FROM THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION WHERE SHE HAS WORKED FOR THIRTY-THREE YEARS AND TO WISH HER WELL AS SHE ENJOYS HER YEARS OF RETIREMENT.

H. 4874 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION COMMENDING THE ROSA CLARK MEDICAL CLINIC OF OCONEE COUNTY AND ALL THOSE ASSOCIATED WITH THE CLINIC FOR TEN YEARS OF OUTSTANDING MEDICAL CARE TO THE INDIGENT OF THAT COUNTY.

H. 4875 -- Rep. Phillips: A CONCURRENT RESOLUTION TO COMMEND MR. E. BLAIR RICE, JR., OF BELTON FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION FOR 1991-92.

H. 4876 -- Rep. Foster: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN CHARLES T. CABANISS OF ROCK HILL ON BEING NAMED THE "1992 LAW ENFORCEMENT OFFICER OF THE YEAR".

At 11:45 A.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mr. Herbert Alford of Myrtle Beach, to meet at 10:00 A.M. tomorrow.

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