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I came in after the roll call and was present for the Session on Wednesday, February 23.

Lucille S. Whipper       June S. Shissias
G. Ralph Davenport, Jr.  Roland S. Corning
Alfred B. Robinson, Jr.  Steve P. Lanford
Marion H. Kinon          C. Lenoir Sturkie
Larry L. Elliott         B. Hicks Harwell
Thomas E. Huff           Kenneth Kennedy
John G. Felder           Dell Baker
E.B. McLeod, Jr.         C. Alex Harvin, III
C.D. Chamblee

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

The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day, due to the death of his brother-in-law.

Rep. McABEE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 22.

Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 2.

Announcement was made that Dr. Charlie Thomas, Jr. of Greenville is the Doctor of the Day for the General Assembly.

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

H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.

H. 4370 -- Reps. P. Harris, Neilson, Waldrop and Rudnick: A BILL TO AMEND SECTION 27-47-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR EVICTION FROM A MANUFACTURED HOME PARK, SO AS TO MAKE TECHNICAL

H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL

H. 4495 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INCORPORATED MEMBERS OF THE GROUP DEFINED IN THIS SECTION MUST NOT BE ENGAGED IN ANY BUSINESS OTHER THAN UNDERWRITING AS A MEMBER OF THE GROUP AND ARE SUBJECT TO THE SAME LEVEL OF SOLVENCY REGULATION AND CONTROL BY THE GROUP'S DOMICILIARY REGULATOR AS ARE THE UNINCORPORATED MEMBERS.

H. 3608 -- Reps. Sharpe, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Meacham and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

H. 3957 -- Rep. Haskins: A BILL TO AMEND SECTION 6-11-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A SPECIAL PURPOSE DISTRICT, SO AS TO ADD TO THE DEFINITION A TAX DISTRICT CREATED PURSUANT TO CHAPTERS 9 AND 19 OF TITLE 4.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY

H. 4321 -- Reps. Gonzales, Jaskwhich, Harvin and Harrell: A BILL TO AMEND SECTION 5-7-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE JURISDICTION OVER CERTAIN STREETS ALONG WHICH MUNICIPAL BOUNDARIES RUN, SO AS TO PROVIDE THAT POLICE JURISDICTION INCLUDES PROPERTY ADJACENT TO A STREET OR HIGHWAY ALONG WHICH THE BOUNDARY RUNS.

The motion of Rep. HODGES to reconsider the vote whereby debate was adjourned until May 3 on the following Bill, was taken up and agreed to.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 20, by the Committee on Medical, Military, Public and Municipal Affairs.

Reps. NEAL, SCOTT, BREELAND and ANDERSON objected to the Bill.

Rep. GONZALES explained the amendment.

Rep. BYRD objected to the Bill.

The following Bill was taken up.

S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5462HC.94), which was adopted.

Amend the bill, as and if amended, by striking Section 7-13-860, as contained in SECTION 1, and inserting:

/Section 7-13-860. Each candidate who is not unopposed in the primary and each candidate in a general election may appoint a watcher for any voting place that he may desire. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers shall Watchers at all times shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that will interfere interferes in the orderly conduct of the election or influence influences any voter in the casting of his ballot. The identification badge of a pollwatcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges may not be a color that has a fluorescent quality."/

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Amend the report of the Committee on Judiciary, as and if amended,by adding an appropriately numbered SECTION to read:

/SECTION . Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:

"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.

(B) A candidate may appear and greet voters in line as long as he is not intimidating voters or interfering with the orderly election process. A candidate or his representative may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate or his representative, other than a watcher as provided for in Section 7-13-860, enters the polling place, he may not display any of this identification, including but not limited to, campaign stickers or buttons.

(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."/

Renumber sections to conform.

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3518 -- Rep. R. Young: A BILL TO AMEND SECTION 30-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITE FOR RECORDING A DEED OR INSTRUMENT IN WRITING, SO AS TO ELIMINATE THE REQUIREMENT OF AN AFFIDAVIT AND ACKNOWLEDGEMENT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1032DW.94), which was adopted.

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

/SECTION 1. Section 30-5-30 of the 1976 Code is amended to read:

"Section 30-5-30. Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in (A) or (B):

(A)(1) the execution of the deed or other instrument must be first proved by the affidavit of a subscribing witness to the instrument, taken before some officer within this State competent to administer an oath. If the affidavit is taken without the limits of this State, it may be taken before:

(a) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;

(b) a commissioner of deeds of this State;

(c) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;

(d) a justice of the peace who shall append to the certificate his official seal;

(e) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;

(f) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or

(g) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or

(2) the Uniform Recognition of Acknowledgments Act must be complied with; or

(3) the person executing it shall submit an affidavit subscribed to before a person authorized to perform notarial acts herein or by the Uniform Recognition of Acknowledgments Act that the signature on the deed or other instrument is his signature and that the instrument was executed for the uses and purposes stated in the instrument.

(B) A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath. If the acknowledgment is taken without the limits of this State, it may be taken before:

(1) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded;

(2) a commissioner of deeds of this State;

(3) a clerk of a court of record who shall make certificate of the deed or other instrument under his official seal;

(4) a justice of the peace who shall append to the certificate his official seal;

(5) a notary public who shall affix to the deed or other instrument his official seal within the State of his appointment, which is a sufficient authentication of his signature, residence, and official character;

(6) before a minister, ambassador, consul general, consul, or vice-consul, or consular agent of the United States of America; or

(7) in the case of any officer or enlisted man of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on active duty outside the State or any civilian employee of any such organization on active duty outside the continental confines of the United States, any commissioned officer of the Army, Air Force, Navy, Marine Corps, or Coast Guard, if the probating officer states his rank, branch, and organization.

(C) Where the instrument is acknowledged by the grantor or maker, the form of acknowledgement must be in substance as follows: `South Carolina,

County.

I (here give the name of the official and his official title), do hereby certify that (here give the name of the grantor or maker), personally

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