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:

Eternal and gracious God Who has given us life and all the blessings of it, grant us vision to live these lives to the highest and for the best. Cause us to know that life becomes sweeter and more satisfying when lived nobly and usefully. Keep aglow within our minds the divine light that cannot be extinguished, and that unwavering trust in God that will replace all feelings of doubt and despair. Undergird us with such a measure of confidence in Your never failing presence and strength that will enable us to command and control every challenge of this day and every day.

Enable us to hear in every emergency the words of the Psalmist: "God is our Refuge and Strength." (Psalm 46:1) Amen.

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

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

The following was received.

February 25, 1993
Honorable Robert J. Sheheen
Speaker of the House
South Carolina House of Representatives
506 Blatt Building
Columbia, South Carolina 29211

RE: Appeal from State Board of Canvassers

South Carolina House of Representatives

District 96

Dear Speaker Sheheen:

Norman E. Fogle hereby withdraws his appeal earlier filed with the House of Representatives which challenges the decision of the State Board of Canvassers concerning the election results for House District 96.

Based on information we received that the Subcommittee was going to recommend to the full Judiciary Committee that the election results be upheld, Mr. Fogle has decided to forego any further recourse in order to facilitate the orderly flow of government and in the best interests of the citizens of House District 96.

By copy of this letter I am notifying all other parties of the withdrawal of this appeal.

Sincerely,
C. Bradley Hutto

Received as information.

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

H. 3568 -- Reps. Kennedy, Snow and Harvin: A BILL TO AMEND ACT 632 OF 1980, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO DELETE THE PROVISION WHICH LIMITS THE AMOUNT THE BOARD MEMBERS MAY RECEIVE FOR MILEAGE TO NOT MORE THAN TWENTY CENTS A MILE.

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

H. 3569 -- Reps. Graham, Klauber, Trotter, Simrill, Cato, Marchbanks, A. Young, Quinn, Haskins, Harrison, Cooper, P. Harris, Wofford, Wilkes, Gamble, Townsend, H. Brown, Littlejohn, Kelley, Robinson, Wright, Meacham, Wilkins, Vaughn, Farr, Allison, Fair, Lanford, Stuart, Baker, Davenport, Stone, Corning, J. Wilder and Hutson: A BILL TO PROVIDE FOR THE DISQUALIFICATION OF HOMOSEXUAL AND BISEXUAL PERSONS FROM SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD, PROVIDE FOR THE SEPARATION FROM SERVICE OF SUCH PERSONS, AND PROVIDE FOR RELATED MATTERS.

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

H. 3570 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND ACT 127 OF 1989, AS AMENDED, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL AND MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO PROVIDE THAT, IF THE TOTAL TAX CREDIT PROVIDED IN ACT 127 OF 1989 EXCEEDS SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN ANY ONE YEAR FOR ALL MEMBERS OF THE POOL, THE BOARD OF DIRECTORS OF THE POOL IS REQUIRED TO ESTABLISH A RATE FOR ALL POLICIES WHICH ASSURES THAT THE TAX CREDIT DOES NOT EXCEED SEVEN MILLION DOLLARS, RATHER THAN FIVE MILLION DOLLARS, IN THE FOLLOWING YEAR OF OPERATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3571 -- Rep. Harwell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMMUNITY FROM PROSECUTION FOR MEMBERS OF THE GENERAL ASSEMBLY DURING THE LEGISLATIVE SESSION, SO AS TO PROVIDE THAT THIS IMMUNITY FROM PROSECUTION DOES NOT EXTEND TO TRAFFIC OFFENSES INVOLVING RECKLESS DRIVING OR OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW MAY ALSO IMPOSE PENALTIES OR SANCTIONS ON ITS MEMBERS, INCLUDING THE LOSS OF LEGISLATIVE LICENSE PLATES, UPON CONVICTION FOR MULTIPLE TRAFFIC OFFENSES.

Referred to Committee on Judiciary.

H. 3572 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 3573 -- Rep. Kirsh: A BILL TO AMEND SECTION 16-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY YEARS WHEN A PERSON IS SENTENCED TO TWO OR MORE CONSECUTIVE LIFE IMPRISONMENT TERMS FOR A VIOLATION OF THIS SECTION; AND TO AMEND SECTION 24-21-610, RELATING TO THE REQUIREMENT THAT A PORTION OF A SENTENCE IS REQUIRED TO BE SERVED AS A PREREQUISITE TO PAROLE, SO AS TO EXCLUDE THE OFFENSE OF KIDNAPPING FROM THE PROVISIONS OF THIS SECTION WHEN A PERSON IS SENTENCED TO TWO OR MORE CONSECUTIVE LIFE IMPRISONMENT TERMS.

Referred to Committee on Judiciary.

S. 16 -- Senators Wilson, Thomas, Ryberg, Courson, Russell and Passailaigue: A BILL TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A STATE TAX BILL REPORTED OUT OF A STANDING COMMITTEE OF THE GENERAL ASSEMBLY, SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.

Referred to Committee on Ways and Means.

S. 135 -- Senators Rose, Reese and McGill: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE LIST OF CERTAIN MATTERS THAT ARE DECLARED TO BE PUBLIC INFORMATION, SO AS TO ADD TO THAT LIST THE CONTENTS OF ALL RECOMMENDATIONS OR REPORTS GIVEN BY THE LEGISLATIVE AUDIT COUNCIL STAFF TO THE LEGISLATIVE AUDIT COUNCIL.

Referred to Committee on Judiciary.

S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

Referred to Committee on Ways and Means.

S. 423 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES AND USE TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1521, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Ways and Means.

On motion of Rep. KENNEDY, with unanimous consent, it was ordered that H. 3568 be read the second time tomorrow.

The following was introduced:

H. 3574 -- Rep. Stille: A HOUSE RESOLUTION TO CONGRATULATE COACH GERALD GRIFFIN OF FRANCIS MARION UNIVERSITY UPON HIS INDUCTION INTO THE NATIONAL ASSOCIATION OF INTERCOLLEGIATE ATHLETICS (NAIA) HALL OF FAME.

The Resolution was adopted.

The following was introduced:

H. 3575 -- Rep. Keyserling: A HOUSE RESOLUTION TO RECOGNIZE THE BEAUFORT HIGH SCHOOL SEACOAST WAVE BAND UPON TYING FOR GRAND CHAMPIONS OF THE PEACH BOWL MARCHING BAND COMPETITION.

The Resolution was adopted.

The following was introduced:

H. 3576 -- Reps. Keyserling and Richardson: A CONCURRENT RESOLUTION TO APPLAUD THE EFFORTS OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN HEART ASSOCIATION IN RECOGNITION OF FEBRUARY 1993 AS AMERICAN HEART MONTH.

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.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Breeland               Brown, H.              Byrd
Carnell                Cato                   Clyborne
Cooper                 Davenport              Delleney
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Haskins                Hines
Hodges                 Holt                   Houck
Huff                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Law                    Littlejohn             Marchbanks
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Neilson                Phillips               Rhoad
Richardson             Robinson               Rogers
Rudnick                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

I came in after the roll call and was present for the Session on Thursday, February 25.

Bessie Moody-Lawrence             Ralph W. Canty
Larry L. Elliott                  Gilda Cobb-Hunter
June S. Shissias                  Joe E. Brown
Juanita M. White                  John W. Riser
James G. Mattos                   Joseph H. Neal
James L.M. Cromer, Jr.            B. Hicks Harwell
Roland S. Corning                 Douglas Jennings , Jr.
Jerry N. Govan, Jr.               Larry L. Koon
C. Lenoir Sturkie                 Richard M. Quinn, Jr.
C. Alex Harvin, III               James S. Klauber
Grady A. Brown                    E.B. McLeod, Jr.

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

Rep. WRIGHT moved that when the House adjourns, it adjourn in memory of William M. Kendrick, which was agreed to.

Rep. FELDER presented to the House the Orangeburg Preparatory School Football Team, winners of the 1992 AAA S.C. Independent Schools Association Football Championship and coaches.

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

H. 3562 -- Rep. Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BAMBERG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

H. 3214 -- Rep. Wofford: A BILL TO REPEAL SECTION 44-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATING BUILDINGS AT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AS FACILITIES OF THE STATE DEPARTMENT OF MENTAL HEALTH.

Rep. WOFFORD explained the Bill.

H. 3215 -- Rep. Wofford: A BILL TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.

Rep. WOFFORD explained the Bill.

H. 3216 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.

Rep. WOFFORD explained the Bill.

H. 3217 -- Rep. Wofford: A BILL TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.

Rep. WOFFORD explained the Bill.

H. 3356 -- Reps. Simrill, Kirsh and Meacham: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.

Rep. SIMRILL explained the Bill.

H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.

Rep. GONZALES explained the Bill.

H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.

Rep. WHIPPER explained the Bill.

H. 3558 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE TELECOMMUNICATIONS RELAY SERVICE ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1520, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3563 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3562 be read the third time tomorrow.

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 3356 be read the third time tomorrow.

On motion of Rep. GONZALES, with unanimous consent, it was ordered that H. 3416 be read the third time tomorrow.

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3558 be read the third time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3563 be read the third time tomorrow.

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

H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

H. 3038 -- Reps. Hodges and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-33 SO AS TO PROVIDE THAT AN APPROPRIATION BY A COUNTY GOVERNING BODY RELATING TO POLICE PROTECTION THAT WILL RESULT IN THE REORGANIZATION, RESTRUCTURING, DUPLICATION, OR LIMITATION OF THE DUTIES AND FUNCTIONS OF THE SHERIFF'S DEPARTMENT MAY NOT TAKE EFFECT UNLESS FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5303HC.93).

Amend the bill, as and if amended, by striking Section 4-9-33 as contained in SECTION 1 and inserting:

/Section 4-9-33.     An appropriation from any revenue source by the governing body of the county relating to police protection that will result in reorganization or restructuring of the sheriff's department or an appropriation relating to police protection which limits the law enforcement duties of the sheriff or provides for police protection by duplicating the law enforcement duties and functions presently being performed by the sheriff, may not take effect without the consent of the sheriff unless the qualified electors of the county first approve the appropriation in a referendum called by the governing body of the county. This section may not be construed to require referendum approval of an increase or decrease in the total funds appropriated for the sheriff's department or other police protection, nor does it have any effect upon the authority of the governing body of the county to establish and appoint animal and litter control officers or other code enforcement officers without the power of custodial arrest./

Amend title to conform.

Rep. HODGES explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. HODGES proposed the following Amendment No. 3.

Amend the bill, as and if amended, page 1, beginning on line 24, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-33. A referendum must be held to approve the creation of a county police department prior to the implementation of an ordinance adopted by a county council which would duplicate or replace the law enforcement functions of a sheriff. As used in this section, the term law enforcement means those activities and duties which require the exercise of custodial arrest authority by a sheriff or his duly appointed and sworn deputy or the performance of duties conferred by state law upon a sheriff and those activities incidental to the performance of law enforcement duties.

Nothing in this section shall be construed as a limitation on the authority of a county council to provide litter control and animal control, to appoint and commission code enforcement officers as provided for in Section 4-9-145, to provide other services not directly related to law enforcement, to exercise the powers conferred by general law upon counties to protect the public health, safety, and general welfare of the community, or to adopt capital and operating budgets for the operation of the county as provided for in Section 4-9-140.

A county council may provide for E-911 services as provided for in Chapter 47 of Title 23; provided, however, that access to criminal records databases and other similar restricted databases relating to law enforcement functions must remain under the supervision of the sheriff or his designee unless law enforcement functions are transferred to a county police department pursuant to a referendum provided for in this section."/ .

Amend title to conform.

Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 2, which was adopted.

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Joint Resolution until Tuesday, March 2, which was adopted.

H. 3559 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO THE LIMITATION OF PAPERWORK FILED WITH THE WORKERS' COMPENSATION COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The Senate returned to the House with concurrence the following:

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

H. 3413 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE SALUDA RIVER BRIDGE ON HIGHWAY 39 AT CHAPPELLS IN HONOR OF W. E. SPEARMAN, SR.

H. 3520 -- Reps. Byrd, J. Brown, Cobb-Hunter, Scott, Waites, Inabinett, White, Shissias, J. Bailey, Whipper, Neal, Harrell, Stille, Rogers, Hines, McMahand, Anderson, Breeland, Canty, Beatty, Corning, Wofford, Moody-Lawrence, Barber, Kennedy, Klauber, Harvin and Cromer: A CONCURRENT RESOLUTION DESIGNATING WEDNESDAY, MARCH 3, 1993, AS "NATIONAL COUNCIL OF NEGRO WOMEN LEGISLATIVE RECOGNITION DAY" IN SOUTH CAROLINA.

At 10:40 A.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of William M. Kendrick, to meet at 10:00 A.M. tomorrow.

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