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The following Bill was taken up.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

Rep. HARRELL withdrew his amendment.

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

The following Bill was taken up.

H. 4197 -- Rep. McElveen: A BILL TO AMEND SECTION 7-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY FOR PARTY PRIMARY ELECTIONS AND A PLEDGE TO ABIDE BY THE RESULTS OF THE PRIMARY ELECTIONS, SO AS TO PROVIDE THAT THE PERSON WHO IS DEFEATED AS A CANDIDATE FOR NOMINATION TO AN OFFICE IN A PARTY'S PRIMARY IS THEREAFTER INELIGIBLE TO RECEIVE VOTES FOR THAT OFFICE WHETHER WRITE-IN OR OTHERWISE, IN THE ENSUING GENERAL ELECTION, UNLESS

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20388SD.94).

Amend the bill, as and if amended, by striking Section 7-11-210 of the 1976 Code, as contained in SECTION 1 and inserting:

/ "Section 7-11-210. Every candidate for selection as a nominee of any political party for any State office, United States Senator, member of Congress or solicitor, to be voted for in any party primary election, shall file with and place in the possession of the treasurer of the state committee by twelve o'clock noon on April thirtieth a notice or pledge in the following form, the blanks being properly filled in and the notice or pledge signed by the candidate: `I hereby file my notice as a candidate for the nomination as __________ in the primary election to be held on __________. I affiliate with the __________ Party, and I hereby pledge myself to abide by the results of the primary and I authorize the issuance of an injunction upon ex parte application by the party chairman, as provided by law, should I violate this pledge by offering or campaigning in the ensuing general election for election to this office or any other office for which a nominee has been elected in the party primary election, unless the nominee for any such office has become deceased or otherwise disqualified for election in the ensuing General Election.'
Every candidate for selection in a primary election as the nominee of any political party for member of the Senate, member of the House of Representatives and all county and township offices shall file with and place in the possession of the county chairman or such other officer as may be named by the county committee of the county in which they reside by twelve o'clock noon on March thirtieth a like notice and pledge.
The notice of candidacy required by this section to be filed by a candidate in a primary must be signed personally by the candidate, and such signature of the candidate must be signed in the presence of the county chairman or such other officer as may be named by the county committee with whom such candidate is filing, or a candidate must have his signature on the notice of the candidacy acknowledged and certified by any officer authorized to administer an oath. Any notice of candidacy of any candidate signed by an agent in behalf of a candidate shall not be valid.
In the event that a person who was defeated as a candidate for nomination to an office in a party's primary election shall thereafter offer

Renumber sections to conform.

Amend title to conform.

Rep. HODGES 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. HODGES having the floor.

Rep. RICHARDSON asked unanimous consent to recall H. 4864 from the Committee on Education and Public Works.

Rep. BEATTY objected.

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

S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS

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

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

Rep. KENNEDY moved to adjourn debate upon the Senate amendments, which was adopted.

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

H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following House Resolution was taken up.

H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin,

Whereas, it has come to the attention of the members of the House of Representatives that certain out-of-state entities operating under a variety of names are offering residents of this State through the mail the opportunity to win cash or prizes through sweepstakes or similar types of contests; and

Whereas, a close reading of the information sent to residents of this State indicates that the chances of winning an award of any value is close to infinitesimal, and that in some cases the payment of a fee is required to enter the contest; and

Whereas, the names of entities engaging in such activities have been furnished to appropriate standing committees of the House; and

Whereas, the members of the House of Representatives, by this resolution, hereby request the Attorney General of this State and the State Consumer Advocate to investigate these entities to determine if any provision of state or federal law has been violated. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby request the Attorney General and the State Consumer Advocate to investigate whether or not certain companies or entities offering residents of this State through the mail the opportunity to win cash or prizes through a sweepstakes or other types of contest are violating any provision of state or federal law.

Be it further resolved that a copy of this resolution be forwarded to the Attorney General of this State and to the State Consumer Advocate.

The Resolution was adopted.

The following Concurrent Resolution was taken up.

H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and

Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and

Whereas, there should be a proper balance of national and state power in a federal system. The present mechanism for the states to initiate a constitutional convention has proved to be unworkable, and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and

Whereas, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of the Council of State Governments, an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and

Whereas, the main thrust of the Task Force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both Houses within two years of the states' submission of the amendments; and

Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina memorialize the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which provides that whenever three- fourths of the legislatures of the several states consider it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the

Be it further resolved, that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the Senators and members of the House of Representatives from South Carolina.

Rep. FULMER explained the Concurrent Resolution.

The Concurrent Resolution was adopted and ordered sent to the Senate by a division vote of 31 to 9.

The following Concurrent Resolution was taken up.

H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.

Whereas, the members of the General Assembly note that legislation pending in the United States House of Representatives and the United States Senate, introduced respectively by Representative Michael Crapo of Idaho and Senator Paul Coverdell of Georgia, would provide that any funds cut from a government program by actions of the United States Congress must be used to reduce the federal budget deficit and must not be used for any other federal spending programs; and

Whereas, this legislation could serve a useful purpose in the ongoing battle to bring federal spending under control; and

Whereas, this legislation has the support of groups representing hundreds of thousands of Americans, including Citizens Against

Whereas, the members of the General Assembly of South Carolina who are compelled by the State Constitution and laws to operate within a system that requires balanced state budgets, believe that the legislation pending in the United States House of Representatives and United States Senate on this subject would be a useful, albeit small, step in the continuing battle to restrain the growth of federal deficit spending. Now, therefore,

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

That the General Assembly of South Carolina, by this resolution, memorializes Congress to enact legislation providing that any funds cut from a federal program by the United States Congress must be used to reduce the federal deficit and must not be shifted to any other spending programs.

Be it further resolved that copies of this resolution be forwarded to each member of the United States House of Representatives and United States Senate from South Carolina.

The Concurrent Resolution was adopted and ordered sent to the Senate by a division vote of 37 to 15.

The following Concurrent Resolution was taken up.

S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.

Whereas, the issue of health care reform has received much discussion in the government policy-making arena, as well as in the national media; and

Whereas, President Bill Clinton has developed a comprehensive legislative proposal, the American Health Security Act, that he is seeking to get the United States Congress to enact, which would implement a national health care system; and

Whereas, it is imminent that some form of comprehensive health care legislation will be enacted by Congress in 1994 or thereafter, even if it is not President Clinton's American Health Security Act; and

Whereas, such legislation also will likely place significant regulatory and administrative responsibilities and burdens on state and local governmental bodies and agencies; and

Whereas, the United States Congress has a history of exempting its members and employees from comprehensive legislation that has substantial impact on the rest of the nation; and

Whereas, the members and employees of either one or both houses of the United States Congress are exempted in whole or in part from the Americans with Disabilities Act, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, the Fair Labor Standards Act, the Freedom of Information Act, the National Labor Relations Act, and the Occupational Safety and Health Act, in addition to other enactments; and

Whereas, it does not seem fair, nor does it make sound government policy, for Congress to continuously exempt its members and employees from legislative initiatives that have such substantial impact on the rest of the nation. Now, therefore,

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

That the General Assembly of the State of South Carolina respectfully memorializes the United States Congress to include its members and employees in whatever national health care program that it passes in 1994 or thereafter.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each of the eight members of the South Carolina Congressional Delegation.

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

The following Concurrent Resolution was taken up.

H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon,

Whereas, the members of the General Assembly note that textile manufacturing and related businesses play a major role in the economy of the United States and a crucial part in the South Carolina economy; and

Whereas, recent years have seen a sharp decline in textile jobs in this State, resulting in higher unemployment and vast economic losses to many small and medium-sized communities where textile manufacturing and processing was the major employer; and

Whereas, American textile manufacturing has become a modern and efficient enterprise providing goods that set the world standard for quality and innovation and which at the same time has afforded a good livelihood for our fellow citizens, allowing them to support their families through the dignity of hard work; and

Whereas, it is imperative for the President of the United States and the Congress of the United States to ensure that foreign competition to our textile industry is required to compete fairly and on a level playing field; and

Whereas, these aims should be the watchword of the Special Trade Representative in all bilateral and multilateral trade negotiations; and

Whereas, in enacting implementing legislation and ratifying treaties, these aims should be foremost in the minds of members of the United States House of Representatives and United States Senate. Now, therefore,

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

That the members of the General Assembly, by this resolution, memorialize the President of the United States and the Congress of the United States to take urgent and firm action to ensure the health of the American textile industry.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Special Trade Representative, and the members of the United States Congress representing South Carolina.

Rep. DAVENPORT demanded the yeas and nays on the adoption of the Resolution, which were taken resulting as follows:

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