HOUSE JOURNAL for Feb. 2, 1995 - South Carolina Legislature Online

South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, FEBRUARY 2, 1995

Thursday, February 2, 1995
(Statewide Session)

~~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:

Almighty God and Father, it is Your love that constrains us and our many needs that compel us to come to You in prayer. May there be nothing in today's activities of which we shall be ashamed when the sun is set at eventide. Grant that life's problems and perplexities, difficulties and disappointments, may never eclipse our faith, lest the vision of Your presence fade from our minds, leaving us to wander and walk in darkness. Forbid that we should travel on a lower level when You are calling us to take the lofty way.

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.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Ruth Schwab of Rock Hill, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:

H. 3457 -- Reps. McAbee, Allison, Askins, Baxley, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Clyburn, Cobb-Hunter, Cotty, Cromer, Davenport, Easterday, Fleming, Fulmer, Govan, Hallman, J. Harris, Harrison, Herdklotz, Hines, Howard, Inabinett, Keegan, Keyserling, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Littlejohn, Lloyd, Mason, McCraw, McKay, Moody-Lawrence, Neilson, Rhoad, Rice, Riser, Robinson, Sandifer, Sheheen, Simrill, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Witherspoon, Wofford, Wright, A. Young and J. Young: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 14, 1995.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 14, 1995.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current population of 139,000 people; and

Whereas, the total property value has doubled in York County over the last seven years, and the total estimated valuation rose to a record amount last year exceeding 187 million dollars; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over twenty-one percent during the past two years to an estimated 2 billion dollars last year; and

Whereas, a total of seven new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment of 20.5 million dollars; and eight existing industries expanded last year for a total investment of 19 million dollars; and

Whereas, a total of 1,318 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over twenty-seven percent last year, and accommodation tax collections have increased over seventeen percent from last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 28, 1995, "York County Day".

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

INTRODUCTION OF BILLS

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

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

Referred to Committee on Judiciary.

H. 3460 -- Reps. Shissias, Kirsh, Cotty, Thomas and Richardson: A BILL TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS IN THE PROBATE COURT, SO TO REVISE THE MANNER IN WHICH THESE FEES SHALL BE DETERMINED THEREBY REDUCING THESE FEES, TO PROVIDE THAT THE ABOVE PROVISIONS ARE RETROACTIVE TO AUGUST 15, 1994, AND TO PROVIDE FOR A REFUND OF THE DIFFERENCE BETWEEN THE FEES PAID AT THE HIGHER LEVEL FROM AUGUST 15, 1994, TO THE EFFECTIVE DATE OF THIS ACT AND THE FEES THAT ARE TO BE PAID PURSUANT TO THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

H. 3461 -- Reps. Lloyd, Inabinett, White, McTeer, Cave, Neal, Byrd, T. Brown and Hines: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 FROM CHANGING HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE IS ELECTED AND OFFERING FOR ANOTHER OFFICE; PROVIDE THAT A PERSON IS DEEMED TO HAVE VACATED HIS OFFICE IF HE VIOLATES THIS SECTION, EXCEPT UPON THE FILING FOR REELECTION.

Referred to Committee on Judiciary.

H. 3462 -- Reps. Fair and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-77 SO AS TO PERMIT THE TEACHING OF BIOLOGICAL ORIGINS OTHER THAN THROUGH MACROEVOLUTION.

Referred to Committee on Education and Public Works.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

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

H. 3464 -- Reps. Fair, Kelley, McElveen, Koon, J. Young and Riser: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.

Referred to Committee on Education and Public Works.

H. 3465 -- Reps. Fair, McElveen, Koon, Wofford, Kelley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-444 SO AS TO PERMIT LOCAL SCHOOL BOARDS OF TRUSTEES TO ALLOW THE READING OR POSTING OF CERTAIN WRITINGS, DOCUMENTS, AND RECORDS IN THE PUBLIC SCHOOLS OF THE DISTRICT WITHOUT CONTENT-BASED CENSORSHIP THEREOF.

Referred to Committee on Education and Public Works.

H. 3466 -- Reps. Fair, Kelley, Koon, Wofford and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-250 AND 59-29-260 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 3467 -- Reps. Fair, Easterday, Stille and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-55 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES UNDER CERTAIN CONDITIONS.

Referred to Committee on Education and Public Works.

H. 3468 -- Reps. Fair, A. Young, McElveen, Martin, Baxley, Easterday, S. Whipper, G. Brown, Inabinett, Stoddard, Simrill, Robinson, Rice, Cooper, Sandifer, Herdklotz, Witherspoon, Stille, Lloyd, Cato, Allison, Wells, Tripp, Seithel, Riser and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-295 SO AS TO PROHIBIT DISPENSING OF CONTRACEPTIVES TO MINORS WITHOUT PARENTAL NOTICE AND TO PROVIDE PENALTIES.

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

H. 3469 -- Reps. Fair, A. Young, Inabinett, Kelley, S. Whipper, G. Brown, Wilder, Stoddard, Simrill, Stille, Townsend, Easterday, Cooper, Herdklotz, Waldrop, Lloyd, Rice, Robinson, Cato, Riser, Wells, J. Young, Tripp, Allison and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR SEXUALLY TRANSMITTED DISEASE INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND PROVIDE REQUIREMENTS FOR THE CERTIFICATES AND PENALTIES.

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

H. 3470 -- Reps. Fair, A. Young, Baxley, Easterday, J. Young, Kelley, Townsend, S. Whipper, Wright, Stoddard, Simrill, Robinson, Harrison, Sandifer, Dantzler, Cooper, Rice, Waldrop, Herdklotz, Allison, Wells, Witherspoon, Tripp, Riser, Seithel and Whatley: A BILL TO AMEND SECTION 20-7-1642, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING FOSTER CARE PLACEMENTS WITH PERSONS WHO HAVE A HISTORY OF CHILD ABUSE OR NEGLECT OR A CRIMINAL RECORD FOR CERTAIN CRIMES, SO AS TO ALSO PROHIBIT SUCH PLACEMENTS WITH A PERSON WHO IS A HOMOSEXUAL OR BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY ADOPT A CHILD SO AS TO PROHIBIT ADOPTIONS BY PERSONS WHO HAVE A HISTORY OF CHILD ABUSE OR NEGLECT, OR A CRIMINAL RECORD FOR CERTAIN CRIMES, OR WHO IS A HOMOSEXUAL OR BISEXUAL.

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

H. 3471 -- Reps. Fair, Easterday, McElveen, J. Young, Kelley, Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO PROHIBIT THE USE OF STATE FUNDS TO PAY FOR AN ABORTION.

Referred to Committee on Ways and Means.

H. 3472 -- Reps. J. Brown, White, Neal, Howard, Hines, Stille and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-295 SO AS TO REQUIRE A SERVICE STATION OR CONVENIENCE STORE SELLING GASOLINE AND FOOD OR BEVERAGES TO PROVIDE A PUBLIC RESTROOM AND LIMIT THE APPLICATION OF THIS SECTION TO SUCH SERVICE STATIONS AND CONVENIENCE STORES CONSTRUCTED ON AND AFTER JULY 1, 1996.

Referred to Committee on Labor, Commerce and Industry.

H. 3473 -- Reps. J. Brown, White, Neilson and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO EXCLUDE SCHOOL BUSES PURCHASED AFTER JUNE 30, 1996, FROM THE EXCEPTIONS.

Referred to Committee on Education and Public Works.

H. 3474 -- Reps. Neilson, Kirsh, Simrill, Moody-Lawrence, Meacham, Hines, Bailey, G. Brown, Jaskwhich, Shissias, Wofford, Govan, Vaughn, Wells, Williams, Lloyd and Seithel: A BILL TO AMEND SECTION 20-7-473, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL PROPERTY FOR PURPOSES OF EQUITABLE APPORTIONMENT, SO AS TO PROVIDE THAT REAL PROPERTY OWNED BY A THIRD PERSON IS NOT MARITAL PROPERTY.

Referred to Committee on Judiciary.

H. 3475 -- Reps. Neilson, Bailey, Meacham, Littlejohn, Allison, Simrill, Seithel, Limehouse, Vaughn, Cooper, Davenport, Williams, Wells, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO CHANGE THE TERM FROM SIX TO FOUR YEARS.

Referred to Committee on Judiciary.

H. 3476 -- Reps. Neilson, Bailey, Littlejohn, Jaskwhich, Herdklotz, Limehouse, Limbaugh, Davenport, Wells, Allison, Riser, Wofford and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, AND JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES.

Referred to Committee on Judiciary.

H. 3477 -- Reps. Neilson, G. Brown, P. Harris, J. Brown, Hines, McCraw, Lloyd, Williams and Govan: A BILL TO AMEND SECTION 59-26-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHER EXAMINATION, EVALUATION, AND CERTIFICATION SO AS TO PROVIDE THAT A TEACHER WITH EIGHTEEN OR MORE YEARS OF TEACHING EXPERIENCE IS EXEMPT FROM CERTIFICATION RENEWAL REQUIREMENTS.

Referred to Committee on Education and Public Works.

H. 3478 -- Reps. Neilson, Wofford, Kelley, Meacham, Cooper, Limehouse, Littlejohn, Simrill, Allison, Wofford, Jaskwhich, Herdklotz, Hutson, Vaughn, Davenport, Williams, Wells, Easterday, Riser, Fair and Seithel: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 30 SO AS TO PROVIDE THAT A MEMBER OF THE JUDICIARY ELECTED BY THE GENERAL ASSEMBLY ONLY MAY SERVE TWELVE YEARS IN ONE JUDICIAL POSITION, TO PROVIDE THAT SERVICE IN ANOTHER JUDICIAL POSITION DOES NOT CONSTITUTE PRIOR SERVICE, AND TO PROVIDE THAT A MEMBER OF THE JUDICIARY SERVING WHEN THIS SECTION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THE MEMBER IS CURRENTLY SERVING PLUS TWELVE YEARS THEREAFTER.

Referred to Committee on Judiciary.

H. 3479 -- Reps. Neilson, Lloyd, Cave, Bailey, Hines, P. Harris, J. Brown, Gamble, McCraw, Shissias, Moody-Lawrence, White, Seithel, Govan, Phillips, Williams, Riser and S. Whipper: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TEACHERS' AND ADMINISTRATORS' MINIMUM SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO THIRTY YEARS' EXPERIENCE AND PROVIDE THAT THIS SCHEDULE BE PHASED IN BASED ON A DETERMINATION MADE EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Referred to Committee on Ways and Means.

H. 3480 -- Reps. Seithel, Allison, Bailey, H. Brown, Cain, Cato, Dantzler, Davenport, Easterday, Fair, Fleming, Fulmer, Gamble, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hutson, Inabinett, Jaskwhich, Keegan, Kelley, Knotts, Koon, Law, Limbaugh, Limehouse, Mason, McKay, Meacham, Phillips, Quinn, Rice, Richardson, Riser, Robinson, Sandifer, Shissias, Simrill, D. Smith, Spearman, Stuart, Tripp, Vaughn, Wells, Whatley, L. Whipper, S. Whipper, Wilkins, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE THE COMMON LAW CRIME OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE.

Referred to Committee on Judiciary.

H. 3481 -- Reps. Fair, A. Young, Easterday, Herdklotz, Simrill, Townsend, Stille, Rice, Cooper, Davenport, Tripp, Vaughn, J. Young, Mason, Cato, Fleming, Koon, Cotty and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROHIBIT A PRACTICING HOMOSEXUAL OR USER OF ILLEGAL INTRAVENOUS DRUGS FROM DONATING BLOOD AND TO PROVIDE FOR PENALTIES.

Referred to Committee on Judiciary.

H. 3482 -- Reps. Fair, Herdklotz, Simrill, Kelley, Klauber, Koon, Stille, Cooper, Rice, R. Smith, Tripp, Vaughn, Huff, Cato, Harwell, Davenport, Witherspoon, Neilson, A. Young and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.

Referred to Committee on Education and Public Works.

H. 3483 -- Reps. Fair, Limehouse, Davenport, Mason, Bailey, Easterday, Herdklotz, Simrill, Allison, Rice, Koon, Tripp, R. Smith, Vaughn, Huff and McElveen: A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO MAKE IT A MISDEMEANOR FOR A MINOR TO USE OR HAVE IN HIS POSSESSION A TOBACCO PRODUCT.

Referred to Committee on Judiciary.

H. 3484 -- Reps. Fleming, Easterday, Howard, R. Smith, G. Brown, Cave, Simrill, Wofford, Sandifer, Inabinett, Limehouse, Allison, Lanford, Seithel, D. Smith, Davenport, White, Limbaugh, Lloyd, Clyburn, Littlejohn, Stille, Dantzler, Cato, Cain, Govan, Whatley, Wells, L. Whipper, Wilkes, Riser, T. Brown, J. Brown, Byrd, J. Young, Vaughn, Robinson, Herdklotz, S. Whipper, Rice, Rhoad, McKay, Mason and Tripp: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO INCLUDE WITHIN THE DEFINITION OF "LEGISLATIVE CAUCUS", A FRESHMAN CAUCUS.

Referred to Committee on Judiciary.

H. 3485 -- Reps. Seithel, Bailey, Cain, Cato, Cooper, Cotty, Cromer, Davenport, Easterday, Fleming, Fulmer, Gamble, Hallman, J. Harris, Harrison, Herdklotz, Hines, Kelley, Keyserling, Klauber, Knotts, Lanford, Limbaugh, Limehouse, Littlejohn, Lloyd, McCraw, McKay, Neilson, Quinn, Rice, Richardson, Riser, Scott, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Thomas, Tripp, Trotter, L. Whipper, Witherspoon, Wofford, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-217 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

Referred to Committee on Judiciary.

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.

Referred to Committee on Judiciary.

H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

Rep. HUTSON asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. SHEHEEN objected.

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

H. 3489 -- Reps. Koon, Witherspoon, Riser and Rhoad: A BILL TO AMEND SECTIONS 16-23-210 AND 23-31-310, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF FIREARMS WEAPONS OFFENSES AND USE AND POSSESSION OF FIREARMS, SO AS TO EXCLUDE FROM THE DEFINITION OF MILITARY FIREARM ANY WEAPON CONSISTING OF BLADE, ANY RIFLED FIREARM FIRING A PROJECTILE OF .55 CALIBER OR LESS, ANY SHOTGUN, ANY PISTOL, OR ANY OTHER WEAPON MADE PERMANENTLY INOPERABLE.

Referred to Committee on Judiciary.

H. 3490 -- Reps. Govan, Rice, Cobb-Hunter, Inabinett, Lloyd, Howard, Hines, Tripp, Byrd, Moody-Lawrence, G. Brown, L. Whipper, Beatty, Wilkes, Baxley, McElveen, Martin and White: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-230 SO AS TO ENACT THE "SOUTH CAROLINA TRUTH TO VOTERS ACT", PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 AND CHANGES HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE IS DEEMED TO HAVE VACATED THE SEAT TO WHICH HE WAS ELECTED.

Referred to Committee on Judiciary.

H. 3491 -- Reps. Govan, Rice, Inabinett, Simrill, Tripp, Cobb-Hunter, Cave, L. Whipper, Lloyd, Byrd, Hines, Breeland, Clyburn, Beatty, Meacham, Spearman and White: A BILL TO AMEND SECTIONS 7-13-40 AND 7-13-50, BOTH AS AMENDED, AND SECTION 7-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THAT THE NOMINEE IS THE CANDIDATE RECEIVING THE MOST VOTES CAST IN EXCESS OF FORTY PERCENT OF THE VOTES CAST FOR THE OFFICE, REDUCE FROM A MAJORITY TO FORTY PERCENT THE PERCENTAGE OF VOTERS VOTING IN A PRIMARY REQUIRED TO NOMINATE A CANDIDATE, AND PROVIDE THAT SECOND PRIMARIES MUST BE HELD WHEN NO CANDIDATE RECEIVES FORTY PERCENT OR MORE OF THE VOTE; AND TO REPEAL SECTION 7-17-610 RELATING TO THE DETERMINATION OF A MAJORITY VOTE.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3488 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDWARD S. ERVIN, III, OF SUMTER COUNTY ON THE HONOR BESTOWED UPON HIM BY FRANCIS MARION UNIVERSITY WHEREIN THE UNIVERSITY HAS NAMED ITS DINING HALL FOR HIM.

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

ROLL CALL

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

Allison                Anderson               Bailey
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Cain
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Elliott                Fair
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines                  Hodges                 Howard
Huff                   Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Martin
Mason                  McAbee                 McCraw
McElveen               McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 2.

G. Ralph Davenport, Jr.           Dan L. Tripp
Woodrow M. McKay                  Joseph H. Neal
Alma W. Byrd                      Harry R. Askins
Heyward G. Hutson                 Timothy F. Rogers
Scott H. Richardson               C. Alex Harvin, III
Paula H. Thomas

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARWELL a leave of absence for the day due to being subpoenaed as a witness in a juvenile matter, State v. Agee.

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. HODGES, BEATTY, THOMAS and DELLENEY a leave of the House due to the Joint Judicial Screening Committee hearings.

STATEMENT OF ATTENDANCE

Rep. HARVIN 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, January 24.

DOCTOR OF THE DAY

Announcement was made that Dr. Vincent Degenhart of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. VAUGHN, and the Spartanburg County Delegation, presented to the House the Greer High School Yellow Jackets Football Team, winners of the 1994 State Class AAA Championship, and their coaches.

H. 3205--INTERRUPTED DEBATE

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

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

AMENDMENT NO. 3--REJECTED

Debate was resumed on Amendment No. 3, which was proposed on Wednesday, February 1, by Rep. KNOTTS.

Rep. KNOTTS continued speaking.

Rep. RISER moved to adjourn debate upon the Bill until Tuesday, February 14.

Rep. KOON moved to table the motion, which was agreed to by a division vote of 3 to 2.

Rep. KOON moved to table the amendment, which was rejected by a division vote of 3 to 3.

The amendment was then rejected by a division vote of 2 to 3.

Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21331SD.95), which was tabled.

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

/SECTION 1. Notwithstanding any other provision of law, beginning with the 1996 election, the Board of Trustees of Lexington County School District 1 consists of seven members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years 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 3 of this act. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1996, the members elected from the odd-numbered districts shall serve initial terms of two-years each and the members elected from the even-numbered districts shall serve initial terms of four years each. 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 remainder of 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 the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. 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 filing period opens on the first Tuesday in September at noon to run for two weeks.

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 commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The expenses of the election must be paid by the district. 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 members of the board serving in office on the date of the 1996 election shall continue to serve until the members elected in the 1996 election qualify and take office, at which time the terms of these members of the board then serving shall expire.

SECTION 2. Three members of the board of trustees of Lexington County School District 1 shall be elected in 1995 in a special election to be held on the second Tuesday in May of 1995 if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, this special election must be held on the second Tuesday in September of 1995. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that these three members must be elected from the district at large by the qualified electors of the district and except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.

The three present members of the board serving in a hold-over capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these hold-over members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors elected in the 1996 election qualify and take office, at which time their terms shall expire.

SECTION 3. The seven defined single-member election districts from which members of the board of trustees of Lexington County School District 1 must be elected beginning in 1996 are as follows:

DISTRICT 1

Area Population
Lexington County

BOILING SPRINGS

Tract 0209.00

Blocks: 123, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 280, 281, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 622 1,344

Tract 0210.09

Blocks: 231, 232, 233, 234, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257 738

EDMUND

Tract 0209.00

Blocks: 185, 186, 187, 208, 209, 210, 211, 212, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 357, 363 1,356

FAIRVIEW 555

MACK EDISTO

Tract 0209.00

Blocks: 536, 537, 539, 540, 541, 542, 544, 545, 546, 547, 548, 549, 550, 551, 552, 567, 569, 570, 571, 572, 573, 574, 575, 576 145

PELION

Tract 0209.00

Blocks: 358, 360, 361, 362, 364, 365, 366, 367, 368, 371, 378, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 425, 435, 436, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444A, 444B, 444C, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502A, 502B, 502C, 503, 504A, 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 538, 543, 584, 585, 601, 602, 603A, 603B, 603C, 603D, 604, 605, 606, 607, 618, 619, 620, 621, 623, 624A, 624B, 625, 626A, 626B, 626C, 626D, 626E, 626F, 626G, 626H, 626J, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636A, 636B, 636C, 636D, 637A, 637B, 637C, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 668, 669, 670, 671, 672, 673, 674A, 674B, 674C, 674D, 674E, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684 2,682

POND BRANCH

Tract 0213.00

Blocks: 901, 902, 903, 904, 905, 906, 907, 908, 909, 914, 915, 916, 917, 918, 919, 920, 921, 922, 940, 942, 943, 944, 945, 946, 953, 954, 958, 959, 960, 961, 962, 963, 964, 970, 971, 972, 973, 983, 984, 985, 991, 992, 996, 997 456

ROUND HILL

Tract 0210.04

Blocks: 238 2

SHARPES HILL

Tract 0209.00

Blocks: 356, 359, 369, 370, 373, 374, 375, 376, 377, 402, 403 160

DISTRICT TOTAL 7,438

DISTRICT 2
Area Population

Lexington County

BOILING SPRINGS

Tract 0213.00

Blocks: 817, 818, 819, 820, 868, 869, 870 280

CRAPPS STORE 589

GILBERT 1,671

HOLLOW CREEK

Tract 0213.00

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, 192, 193, 194, 195, 196, 197, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 506, 507, 508, 509, 510, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 1,636

LEESVILLE

Tract 0213.00

Blocks: 687, 688, 760, 761, 768, 769, 770, 771, 772, 773, 774, 775, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 790, 791, 792, 793, 794, 795, 796, 797 414

Tract 0214.00

Blocks: 669, 670, 701, 729, 730 50

POND BRANCH

Tract 0213.00

Blocks: 808, 809, 810, 811, 815, 816, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 886, 887, 888, 889, 890, 891, 897 1,234

RIDGE ROAD

Tract 0213.00

Blocks: 420, 421, 438, 439, 440, 441, 443 58

Tract 0214.00

Blocks: 112 15

ROUND HILL

Tract 0213.00

Blocks: 630, 641, 655, 658, 659, 660, 661 150

SUMMIT 1,307

DISTRICT TOTAL 7,404

DISTRICT 3
Area Population

Lexington County

LAKESIDE

Tract 0210.05

Blocks: 315, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 601A, 601B, 602A, 602B, 602C, 603A, 603B, 604 320

LEXINGTON 1

Tract 0210.06

Blocks: 201D, 202A, 202B, 202C, 203A, 203B, 203D, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301A, 301B, 301D, 303A, 303B, 303C, 304A, 304B, 305, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325 2,586

LEXINGTON 2 3,513

ROUND HILL

Tract 0210.04

Blocks: 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 224, 225, 226, 227, 228, 229, 230, 233, 234, 235, 236, 237 829

Tract 0213.00

Blocks: 601, 602, 631, 632, 633, 634, 635, 636, 637, 638, 656, 657, 662, 801, 802 430

DISTRICT TOTAL 7,678

DISTRICT 4
Area Population
Lexington County

BOILING SPRINGS

Tract 0210.09

Blocks: 213, 214, 215, 217, 218, 219, 220, 221, 226, 227, 228, 229, 230, 237 164

EDMUND

Tract 0209.00

Blocks: 103, 104, 105, 106, 107, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 131, 194, 196, 197 681

EMMANUEL CHURCH

Tract 0210.08

Blocks: 227, 601, 602, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 662

LEXINGTON 1

Tract 0210.08

Blocks: 107, 108, 115, 116, 117, 118 337

RED BANK SOUTH 2,777

RED BANK

Tract 0210.08

Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 412, 608, 609, 610, 611 879

Tract 0210.09

DISTRICT 5
Area Population
Lexington County

CROMER

Tract 0210.08

Blocks: 101, 102, 103, 113, 206, 207, 212, 213, 214, 215, 216, 217 1,758

EMMANUEL CHURCH

Tract 0210.08

Blocks: 219, 220, 221, 222, 223, 224, 225, 226, 228, 603, 604, 605, 606, 613, 615, 616, 617, 618, 619, 620, 621, 622 1,563

LEXINGTON 1

Tract 0210.08

Blocks: 104, 105, 106, 109, 110, 111, 112, 114 677

OLD BARNWELL STORE

Tract 0206.02

Blocks: 907A, 907B 340

Tract 0210.08

Blocks: 218, 315, 316, 317, 318, 319, 320 1,298

RED BANK

Tract 0210.08

Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 607, 614 2,028
DISTRICT TOTAL 7,664

DISTRICT 6
Area Population
Lexington County

CROMER

Tract 0210.07

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 4,514

Tract 0210.08

Blocks: 203, 204, 205 18

LEXINGTON 1

Tract 0205.06

Blocks: 103, 104, 105, 106, 107 88

Tract 0210.06

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, 130, 131, 203C, 301C, 302 1,634

OLD BARNWELL STORE

Tract 0210.08

Blocks: 201, 202, 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 1,469
DISTRICT TOTAL 7,723

DISTRICT 7
Area Population
Lexington County

HOLLOW CREEK

Tract 0213.00

Blocks: 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 517, 518 467

LAKE MURRAY 1,935

LAKESIDE

Tract 0210.05

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301A, 301B, 302, 312, 313, 314, 316, 333, 334, 335, 401, 402, 403, 404, 405, 501, 502A, 502B, 502C, 503A, 503B, 504, 505, 506, 507, 508, 605A, 605B, 606A, 606B, 607A, 607B, 607C, 608A, 608B, 608C, 609, 610 2,101

LEXINGTON 1

Tract 0210.06

Blocks: 128A, 128B, 129, 201A, 201B, 201C 418

MOUNT HOREB 2,649
DISTRICT TOTAL 7,570

SECTION 4. If a member of the board of trustees of Lexington County School District 1 beginning with the 1996 election moves his residence from the election district from which he was elected, his office becomes vacant automatically.

SECTION 5. Act 217 of 1993 is repealed.

SECTION 6. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. STUART moved to table the amendment, which was agreed to by a division vote of 3 to 2.

Rep. KNOTTS spoke against the Bill.

Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of the Bill, Rep. KNOTTS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to by a division vote of 42 to 6.

CONCURRENT RESOLUTION

The following was introduced:

H. 3492 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE D. N. HOLT, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

Whereas, for twenty years the Honorable D. N. Holt, Jr., of Charleston County served his nation, State, and community as an able and tireless member of the South Carolina House of Representatives; and

Whereas, he served on the Ways and Means Committee for fourteen years, serving on such subcommittees as Clemson Public Service Authority, Tuition Grants, and Budget Subcommittee for Natural Resources and Economic Development, which includes, but is not limited to, Migratory Wildlife; Land, Water and Forestry Resources; and

Whereas, he served as Vice-Chairman of the House Legislative Ethics Committee; and

Whereas, he was elected to serve as Chairman of the Charleston County Joint Delegation in 1988, in which position he served through 1994; and

Whereas, he served in the United States Navy from 1940 to 1960, served in the European Theater, and was awarded ten decorations and campaign ribbons; and

Whereas, his life has been filled with activity and service to the people of his community, county, and State; and

Whereas, it is appropriate for members of the General Assembly to pause in their deliberations to recognize and express their appreciation for the dedicated public service of this distinguished South Carolinian. 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, by this resolution, express appreciation to the Honorable D. N. Holt, Jr., for his distinguished service as a member of the South Carolina House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to our good friend, the Honorable D. N. Holt, Jr.

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

INTRODUCTION OF BILL

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

H. 3493 -- Rep. Stuart: A BILL TO AMEND SECTION 12-27-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION AND USE OF "C" FUNDS, SO AS TO AUTHORIZE MEMBERS OF A COUNTY TRANSPORTATION COMMITTEE TO RECEIVE MILEAGE AT THE STATE RATE FROM THE COUNTY'S "C" FUND ALLOCATION.

Referred to Committee on Ways and Means.

H. 3205--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. KNOTTS having the floor.

Rep. KNOTTS continued speaking.

The Bill was read the second time and ordered to third reading by a division vote of 4 to 1.

ORDERED TO THIRD READING

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

H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.

S. 391 -- Senator Leatherman: A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE 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. 3051 -- Reps. Vaughn and Lloyd: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.

Rep. KENNEDY explained the Bill.

H. 3051--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3051 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3191--POINT OF ORDER

The following Bill was taken up.

H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3090--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21218SD.95), which was adopted.

Amend the bill, as and if amended, by striking item 6 of Section 8-21-1010 of the 1976 Code as contained in SECTION 1, which begins on line 35, page 1 and inserting:

/(6)(a) in all civil actions where the amount in controversy is less than two thousand five hundred dollars, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five dollars;

(b) in all civil actions where the amount in controversy is two thousand five hundred dollars or more but not exceeding five thousand dollars, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, fifty dollars;/

Amend the bill further by striking SECTION 2 on page 2 and inserting:

/SECTION 2. This act takes effect January 1, 1996./

Renumber sections to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

H. 3090--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3090 be read the third time tomorrow.

H. 3060--RECONSIDERED

Rep. HASKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.

H. 3060--RECONSIDERED AND DEBATE ADJOURNED

Rep. HASKINS moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to by a division vote of 45 to 22.

Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21328SD.95).

Amend the bill, as and if amended, in Section 20-7-1670 of the 1976 Code, as contained in SECTION 1, by striking /six months/ on line 3, page 2, and inserting /one year/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SEITHEL explained the amendment.

Rep. TRIPP moved to adjourn debate upon the Bill until Tuesday, February 7, which was adopted.

H. 3019--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3646CM.95), which was adopted.

Amend the bill, as and if amended, by striking subsection (2) and inserting:

/(2) It is unlawful for ~~any~~ a person to use a motor vehicle driver's license not issued to the person, an altered motor vehicle driver's license, an identification card containing false information, or an identification card not issued to the person, to defraud another or violate the law./

Amend further by striking subsection (4) and inserting:

/(4) ~~Any~~ A person violating the provisions of subsection (2) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty nor more than ~~one~~ five hundred dollars or imprisoned for not more than thirty days./

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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

H. 3158--POINT OF ORDER

The following Bill was taken up.

H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3083--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5351HTC.95).

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

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:

"No person who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time has been served?

Yes
[ ]No

[ ] Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:

"Section 1. No person ~~shall~~ may be popularly elected to any office in this State or its political subdivisions unless he ~~possess~~ possesses the qualifications of an elector,~~. Every qualified elector shall be eligible to any office to be voted for, unless~~ is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. However, notwithstanding any other provisions of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time. No person ~~shall~~ may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers ~~shall~~ must be for some specified period except officers in the militia."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, has been served?

Yes
[ ]No

[ ]Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH explained the amendment.

Rep. CROMER spoke against the amendment.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

H. 3361--SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

The Joint Resolution was read the third time and ordered sent to the Senate.

H. 3487--RECALLED FROM THE
COMMITTEE ON AGRICULTURE, NATURAL RESOURCES
AND ENVIRONMENTAL AFFAIRS

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

S. 422--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that S. 422 be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to by a division vote of 57 to 7.

CONCURRENT RESOLUTION

The following was introduced:

H. 3494 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ALEX CHATMAN OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS CHAIRMAN OF THE WILLIAMSBURG COUNTY COUNCIL AND AS COUNTY SUPERVISOR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3495 -- Reps. McElveen, J. Young, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING THE SUMTER COUNTY REGISTER OF MESNE CONVEYANCE DEPARTMENT ON BEING CHOSEN TO RECEIVE AN AWARD OF ACHIEVEMENT FROM THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

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

INTRODUCTION OF BILL

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

H. 3496 -- Reps. Cotty, Tripp, G. Brown, Easterday, Seithel, Tucker, Meacham, Simrill, Scott, Shissias, Klauber, Wright, Wilder, A. Young, Stille, R. Smith, Vaughn, J. Harris, Huff, Stuart, Haskins, Baxley and Cato: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3055--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S.Whipper A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21254SD.95), which was adopted.

Amend the bill, as and if amended, in Section 59-17-120 of the 1976 Code, as contained in SECTION 1 by striking /foreign language credit/ on line 22, page 1, and inserting /credit as an elective/.

When amended Section 59-17-120 shall read:

"Section 59-17-120. The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American sign language."

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

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

H. 3055--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JASKWHICH, with unanimous consent, it was ordered that H. 3055 be read the third time tomorrow.

H. 3148--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett. Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18128AC.95), which was adopted.

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

/SECTION 1. Section 59-47-10 of the 1976 Code is amended to read:

"Section 59-47-10. The board of commissioners of the South Carolina School for the Deaf and the Blind shall consist of nine members appointed by the Governor for terms of six years and until their successors are appointed and qualify. Each congressional district ~~shall~~ must be represented by one board member, who ~~shall~~ must be a resident of that district, and three members ~~shall~~ must be appointed at large from the State. Of the members appointed at large, ~~At least~~ one ~~of the members appointed at large shall~~ must be deaf, ~~and at least~~ one ~~such member shall~~ must be blind, and one must represent the interests of persons with multiple handicaps. Vacancies ~~shall~~ must be filled in the manner of the original appointment for the remainder of the unexpired term. The State Superintendent of Education and the executive officer of the Department of Health and Environmental Control ~~shall be~~ are ex officio members of the board."

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

Renumber sections to conform.

Amend title to conform.

Rep. STILLE explained the amendment.

The amendment was then adopted.

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

H. 3148--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3148 be read the third time tomorrow.

H. 3178--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3178 -- Reps. Meacham, Cato, Walker, Allison, Delleney, Knotts, Law, Richardson, Herdklotz, Robinson, Seithel and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21255SD.95), which was adopted.

Amend the bill, as and if amended, in Section 59-1-443 of the 1976 Code, as contained in SECTION 1, by adding a new sentence at the end to read:

/Schools may notify parents of the provisions of this section in order that parents may give their children instructions in this regard./

When amended Section 59-1-443 shall read:

"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. Schools may notify parents of the provisions of this section in order that parents may give their children instructions in this regard."

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

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

H. 3178--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JASKWHICH, with unanimous consent, it was ordered that H. 3178 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. A. YOUNG explained the Joint Resolution.

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

Rep. GAMBLE explained the Bill.

H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.

Rep. H. BROWN explained the Bill.

H. 3441--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3441 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. CATO asked unanimous consent that H. 3443 be read a third time tomorrow.

Rep. SCOTT objected.

H. 3442--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3019--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 3019 be read the third time tomorrow.

H. 3281--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: 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 SERVE ONLY SIX COMPLETE 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 NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE 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 NEW TERMS THEREAFTER, 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 SERVE ONLY THREE COMPLETE 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 THREE NEW TERMS THEREAFTER.

Rep. HARRISON moved to adjourn debate upon the Joint Resolution until Tuesday, February 7, which was adopted.

S. 393--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO
THE GENERAL ASSEMBLY.

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

That the date for the "Committee to Study the Consumer Finance Laws in this State as They Relate to Restricted Loans, Supervised Loans, and Sales Finance Contracts", created pursuant to Act 572 of 1994, to make its report with recommendations to the General Assembly is extended to March 1, 1995

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

H. 3341--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 3341 -- Reps. Fulmer, Hallman and Seithel: 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.

Rep. QUINN explained the Concurrent Resolution.

Rep. FAIR moved to adjourn debate upon the Concurrent Resolution until Tuesday, February 7, which was adopted.

H. 3225--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Whereas, the Tenth Amendment to the Constitution for the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be the agent of the States; and

Whereas, today in 1994 the States are demonstrably treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Constitution for the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the Congress may not simply commandeer the legislative and regulatory processes of the States; and

Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution. Now, therefore,

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

That: (1) The State of South Carolina hereby claims sovereignty under the Tenth Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution for the United States.

(2) All government agencies, quasi-government agencies, their agents and employees operating within the geographic boundaries of the State of South Carolina, or all government agencies, their agents and employees whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution for the United States or be subject to penalty of law as provided for now or in the future within the Constitution for the State of South Carolina, the South Carolina Statutes, or the Common Law as guaranteed by the Constitution for the United States.

(3) This resolution serves as Notice and Demand to our agent, i.e., the federal government, effective immediately, to cease and desist from mandates which exceed the scope of its constitutionally delegated powers. Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:

"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;

To borrow Money on the Credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Be it further resolved that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the other forty-nine States of the Union.

Rep. HARRISON explained the Concurrent Resolution.

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

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

MOTION NOTED

Rep. KNOTTS moved to reconsider the vote whereby H. 3205 was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3434 -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING SYBIL GIBSON SEVIC OF SENECA ON BEING SELECTED FOR A PRESIDENTIAL AWARD FOR EXCELLENCE IN SCIENCE AND MATHEMATICS TEACHING.

H. 3436 -- Rep. McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.

H. 3437 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. RYAN BAILEY OF SUMTER COUNTY UPON WINNING THE STATEWIDE COMPETITION TO DESIGN THE INAUGURAL LOGO EMBLEM "PUTTING FAMILIES FIRST" FOR NEWLY-ELECTED GOVERNOR DAVID M. BEASLEY.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Ruth Schwab of Rock Hill, to meet at 10:00 A.M. tomorrow.

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