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

THURSDAY, MARCH 2, 1995

Thursday, March 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:

O God, our Help and our Hope, teach us to know that in Your nearness there is wisdom that can save us from folly; in our darkness, there is light to lead us on; in our weakness, there is strength to fortify us; that even in our despair, we find courage and determination. Continue, then, to be near to shatter our insecurity, to shine through our blindness, to shame our lack of trust in You. Give us open ears, alert and quick to hear each whisper of Your Word as we conduct ourselves in the full knowledge that "You are nearer to us than breathing and closer to us than hands and feet."

Lord, in Your mercy, hear our 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. WELLS moved that when the House adjourns, it adjourn in memory of Thomas Moore of Spartanburg, which was agreed to.

REPORT RECEIVED

The Report of the Joint Legislative Committee to Study Consumer Finance Issues was received and will be printed in the Senate Journal on Friday, March 3.

REPORTS OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The S.C. Women Involved in Farm Economics (WIFE) for breakfast, March 16, 1995, 9:00 A.M. - 10:30 A.M. in the lower lobby of the State House.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. General Assembly Women's Caucus for a reception, March 29, 1995, 6:30 P.M. - 8:00 P.M. at the State Museum.

The invitation was accepted.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 3645--ADOPTED AND SENT TO THE SENATE

On motion of Rep. J. HARRIS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1995 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1995 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1995 South Carolina Folk Heritage Awards and the members of the 1995 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 19, 1995, and that the members of the General Assembly recognize and commend the 1995 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

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

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3692 -- Rep. Kelley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ADOPT H. R. 842, THE "TRUTH IN BUDGETING ACT".

H. 3692--ADOPTED

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

H. 3692 -- Rep. Kelley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ADOPT H. R. 842, THE "TRUTH IN BUDGETING ACT".

Whereas, the Highway Trust Fund, the Aviation Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund are wholly user-financed and do not contribute to the federal deficit; and

Whereas, a $33 billion cash balance ($18.5 billion unobligated balance) is languishing in these trust fund accounts as an accounting measure designed to mask the actual size of the federal deficit and federal spending in other areas; and

Whereas, each time a motorist purchases gasoline or a traveler buys an airline ticket, user fees are paid into the Highway and Aviation Trust Funds; and

Whereas, Congress imposed these fees with the assurance to the American public that they would be spent on infrastructure improvements; and

Whereas, investment in infrastructure helps productivity, creates jobs, and is essential for economic growth, and infrastructure spending is one area that has widespread public support and actually provides a return on taxpayer investment; and

Whereas, by combining these trust funds with the federal General Fund Budget, these trust fund balances have accrued at the expense of billions of dollars in productivity and safety; and

Whereas, H. R. 842, the "Truth in Budgeting Act", removes the Highway Trust Fund, Aviation Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from the General Fund Budget, restores integrity to the trust funds which are user-financed, self-supporting, and directed at specific needs, and restores integrity to the General Fund Budget whose real deficits are currently masked by these trust funds.. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the General Assembly memorialize the Congress of the United States to adopt H. R. 842, the "Truth in Budgeting Act".

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 each member of the South Carolina Congressional Delegation in Washington, D.C.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3719 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND OLIVER T. HILL OF GREENVILLE COUNTY ON HIS SILVER ANNIVERSARY AS A MINISTER OF THE GOSPEL, AND COMMENDING THIS GREAT LEADER FOR HIS DEDICATION AND OUTSTANDING SERVICE TO HUMANITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3720 -- Reps. Martin, Huff, Meacham, R. Smith, Hallman, Littlejohn, Cobb-Hunter, Herdklotz, Seithel, Whatley, McCraw, Simrill, Cooper, Thomas, Jennings, Baxley, Vaughn, Easterday, Fair, Cato, Sandifer, Fulmer, Stoddard, Limbaugh, Lanford, Trotter, Robinson, Walker, Davenport, Rice, Waldrop, D. Smith, Delleney, Stille, Gamble, Law and Klauber: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REFRAIN FROM PASSING ANY LEGISLATION THAT WOULD INFRINGE UPON STATES' RIGHTS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3721 -- Reps. Cain, Byrd, Chamblee, Cooper, Elliott, Fair, Fulmer, Hallman, P. Harris, Harwell, Herdklotz, Hutson, Jaskwhich, Klauber, Koon, Lanford, Limehouse, Mason, Neal, Sandifer, D. Smith, Stoddard, Tripp, Tucker, Wilder, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONTINUE FUNDING FOR THE UNITED STATES FISH HATCHERY IN OCONEE COUNTY, SOUTH CAROLINA, OR AT A MINIMUM TO ALLOW THE STATE OF SOUTH CAROLINA THE OPPORTUNITY TO TAKE OVER THE FISH HATCHERY AND OPERATE IT.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3722 -- Reps. Stuart, Wright, Riser, Koon, Gamble and Spearman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE MEALS ON WHEELS VOLUNTEERS OF THE LEXINGTON COUNTY RECREATION AND AGING COMMISSION FOR THE MANY TIRELESS HOURS DEVOTED TO SERVING MEALS TO THE ELDERLY AND DISABLED RESIDENTS OF LEXINGTON COUNTY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 592 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND THE GRANITEVILLE COMPANY UPON THE OCCASION OF ITS ONE HUNDRED AND FIFTIETH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE COMPANY'S MANY CONTRIBUTIONS TO AIKEN COUNTY AND TO THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3723 -- Reps. Moody-Lawrence, Cave, Cobb-Hunter, Inabinett, Govan, Simrill, Sheheen, Kirsh, Meacham, Neal, Byrd, Lloyd, Scott, White and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-165 SO AS TO PROVIDE THAT STUDENTS WITH AN OVERALL "C" AVERAGE OR BETTER IN ALL ACADEMIC COURSES THEY HAVE TAKEN WHICH COUNT FOR PURPOSES OF HIGH SCHOOL GRADUATION ARE ELIGIBLE TO PARTICIPATE IN HIGH SCHOOL TEACHER CADET PROGRAMS IF THEY MEET ALL OTHER REQUIREMENTS OF THE PROGRAM.

Referred to Committee on Education and Public Works.

H. 3724 -- Reps. Moody-Lawrence, Breeland, Cave, Inabinett, Cobb-Hunter, Simrill, Meacham, S. Whipper, Shissias, Canty, Stuart, Jennings, Neal, Kirsh, Stille, Scott, Byrd, Lloyd, Govan and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-139-15 TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DEVELOP A CERTIFICATION PROGRAM WHICH SHALL CERTIFY TEACHERS TO INSTRUCT THREE-YEAR-OLD AND FOUR-YEAR-OLD CHILDREN PURSUANT TO THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT AND OTHER APPLICABLE PROVISIONS OF LAW.

Referred to Committee on Education and Public Works.

H. 3725 -- Reps. Moody-Lawrence, Cave, Inabinett, Govan, Scott, Byrd, White, Neal and Lloyd: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN ADDITIONAL HOMESTEAD EXEMPTION EQUAL TO ONE HUNDRED FIFTY THOUSAND DOLLARS OF FAIR MARKET VALUE OF THE HOMESTEAD FOR AN OWNER WHO HAS ATTAINED AGE SEVENTY BEFORE THE APPLICABLE TAX YEAR.

Referred to Committee on Ways and Means.

H. 3726 -- Reps. Moody-Lawrence, S. Whipper, Meacham, Simrill, Cave, Neal, Cobb-Hunter, Inabinett, A. Young, Scott, White, Bailey, Kirsh, Stuart, Klauber, Govan, Howard, Canty, Stille, Byrd, Walker, J. Young, J. Harris, Lloyd and T. Brown: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF COUNTIES TO ALLOW PROPERTY TAX INSTALLMENT PAYMENTS SO AS TO ALLOW A TAXPAYER TO ELECT TO PAY AD VALOREM TAXES ON THE TAXPAYER'S RESIDENCE IN THREE INSTALLMENTS, TO PROVIDE THE TIME THE INSTALLMENTS ARE DUE AND PAYABLE, AND THE AMOUNTS DUE, AND TO PROVIDE A PENALTY FOR LATE INSTALLMENTS.

Referred to Committee on Ways and Means.

H. 3727 -- Reps. Bailey, Askins, Gamble, Harvin, Herdklotz, McCraw, Riser, Wilder, Cato, Simrill, Tucker, Wright, Knotts, Delleney, H. Brown, Wofford, Mason, McAbee, Law, Shissias, Williams, Dantzler, Littlejohn, A. Young, Hutson, Clyburn and Walker: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Referred to Committee on Labor, Commerce and Industry.

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

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

H. 3729 -- Reps. Wright, A. Young, Bailey, Littlejohn, Chamblee, Wofford, Jennings, Baxley, Moody-Lawrence, Canty, Byrd, Meacham, Gamble, Vaughn, Hines, Koon, Keegan and D. Smith: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 67 SO AS TO ENACT THE "HOMEBUYERS PROTECTION AND WARRANTY ACT".

Referred to Committee on Labor, Commerce and Industry.

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Referred to Committee on Judiciary.

H. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

Referred to Committee on Ways and Means.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

Referred to Committee on Judiciary.

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".

Referred to Committee on Labor, Commerce and Industry.

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

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

H. 3735 -- Rep. Rogers: A BILL TO AMEND SECTION 16-13-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, SO AS TO INCLUDE ATTEMPTING TO OBTAIN A SIGNATURE OR PROPERTY BY FALSE PRETENSES WITHIN THIS OFFENSE.

Referred to Committee on Judiciary.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Referred to Committee on Judiciary.

H. 3737 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CONTRABAND FORFEITURE ACT OF 1995, WHICH DECLARES AS CONTRABAND AND MAKES SUBJECT TO FORFEITURE PERSONAL PROPERTY USED OR INVOLVED IN THE COMMISSION OF A FELONY AND TO PROVIDE THAT THE MONEY DERIVED FROM THE SALE OF THIS CONTRABAND PROPERTY MUST BE USED FOR CERTAIN PURPOSES INCLUDING USE BY THE LAW ENFORCEMENT AGENCY MAKING THE SEIZURE.

Referred to Committee on Judiciary.

H. 3738 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 25, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION FOR THE BLIND, SO AS TO TRANSFER THE COMMISSION TO THE GOVERNOR'S OFFICE, CHANGE THE NAME, AND PROVIDE FOR THE DIVISION FOR THE BLIND.

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

H. 3739 -- Reps. Fulmer and Whatley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-220 SO AS TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN PERSONS TO CARRY CONCEALED WEAPONS OR FIREARMS; TO PROVIDE DEFINITIONS; AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

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

Rep. RHOAD objected.

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

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

Referred to Committee on Labor, Commerce and Industry.

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

Referred to Committee on Judiciary.

H. 3744 -- Reps. Shissias, Harrison, Martin, Wofford, Klauber, A. Young, J. Young, Lanford and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

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

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

Referred to Committee on Judiciary.

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

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

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

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

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Referred to Committee on Labor, Commerce and Industry.

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

Referred to Committee on Ways and Means.

HOUSE RESOLUTION

The following was introduced:

H. 3743 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION TO INVITE JOHN MARK MCQUOWN TO SING FOR THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MARCH 15, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER IN CONJUNCTION WITH MENTAL HEALTH AWARENESS WEEK, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR PURSUANT TO RULE 10.1 FOR THIS PURPOSE.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

ROLL CALL

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Carnell
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Felder                 Fleming                Fulmer
Gamble                 Govan                  Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Herdklotz              Hines                  Hodges
Howard                 Huff                   Hutson
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                 Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rogers
Sandifer               Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Thomas
Townsend               Tripp                  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, March 2.

Michael L. Fair                   Becky Meacham
Harry M. Hallman, Jr.             Eugene C. Stoddard
Scott H. Richardson               Ralph W. Canty
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. McKAY a leave of absence due to an accident.

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

DOCTOR OF THE DAY

Announcement was made that Dr. M.F. McFarland of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. LAW and H. BROWN, on behalf of the Berkeley Delegation presented to the House the Berkeley High School football team, winners of the 1994 Class AAAA Division II State Championship, their coaches and other school officials.

MOTION ADOPTED

Rep. H. BROWN moved that when the House adjourns today, to adjourn to convene at 11:00 A.M. Monday, March 6, 1995, in Statewide Session, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3362, the General Appropriation Bill, be set for Special Order on Monday, March 6, immediately after the call of the uncontested Calendar, and immediately after roll call everyday thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the Roll Call and continue each day until final disposition, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3362, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.

S. 494--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.

Rep. LANFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5486HTC.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Notwithstanding any other provision of law, no commercial construction, demolition, and land-clearing landfill in Spartanburg County may be located within three thousand feet of an existing aquaculture farm or facility. This section does not apply to existing permitted commercial construction, demolition, and land-clearing debris landfills. For purposes of this section, "commercial landfill" means a landfill providing landfill services to other persons or entities for compensation./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

S. 494--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 494 be read the third time tomorrow.

LEAVE OF ABSENCE

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

H. 3666--OBJECTION, AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

PARLIAMENTARY INQUIRY

Rep. L. WHIPPER inquired about the Bill and whether it came from the Committee.

The SPEAKER stated that the Bill had been introduced by the Committee and placed on the Calendar.

POINT OF ORDER

Rep. L. WHIPPER 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 overruled the Point of Order.

Rep. L. WHIPPER moved to adjourn debate upon the Bill until Tuesday, March 7.

Rep. KELLEY moved to table the motion, which was agreed to.

Rep. L. WHIPPER objected to the Bill.

Rep. KELLEY explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KELLEY continued speaking.

Rep. TRIPP proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1754DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 2, Page 2, by inserting after Line 31:

/(D)     The existence of any authority created pursuant to this chapter must terminate not later than twelve months after a sales and use tax or toll authorized by this chapter terminates./

Amend title to conform.

Rep. TRIPP explained the amendment.

The amendment was then adopted.

Rep. WORLEY spoke against the Bill.

Reps. KELLEY, KEEGAN, WITHERSPOON, THOMAS, RICHARDSON, RISER and HALLMAN objected to the Bill.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 2, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. TROTTER the invitation was accepted.

SPEAKER IN CHAIR

Rep. KELLEY moved that the House do now adjourn.

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

Yeas 3; Nays 82

Those who voted in the affirmative are:

Whipper, L.            Whipper, S.            White

Total--3

Those who voted in the negative are:

Allison                Askins                 Baxley
Brown, G.              Brown, H.              Brown, T.
Cain                   Carnell                Cave
Chamblee               Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Fair                   Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harrison
Harvin                 Harwell                Haskins
Herdklotz              Hodges                 Howard
Hutson                 Jaskwhich              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Littlejohn             Lloyd                  Marchbanks
Martin                 Mason                  McAbee
McCraw                 Meacham                Neal
Neilson                Quinn                  Rice
Richardson             Riser                  Sandifer
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whatley
Wilkes                 Wofford                Wright
Young, J.

Total--82

So, the House refused to adjourn.

Further proceedings were interrupted by the Ratification of Acts.

RATIFICATION OF ACTS

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R1) S. 45 -- Senator Greg Smith: AN ACT TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO PROVIDE FOR TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION BEGINNING FEBRUARY 1, 1995.

(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

(R4) S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: AN ACT TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT UP TO TWO HUNDRED THOUSAND DOLLARS AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS AND TO DEPOSIT FUNDS IN EXCESS OF TWO HUNDRED THOUSAND DOLLARS IN A SEPARATE ACCOUNT UNTIL FIVE MILLION DOLLARS ACCRUES; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

(R5) S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

(R6) S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R7) S. 414 -- Senator Peeler: A JOINT RESOLUTION REQUIRING THE DEPARTMENT OF REVENUE AND TAXATION TO REGISTER, COLLECT THE BIENNIAL REGISTRATION FEE, AND NOT TO ISSUE IDENTIFICATION MARKERS OR REGISTRATION CARDS TO MOTOR CARRIERS AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER FROM APRIL 1, 1995, THROUGH SEPTEMBER 3, 1996.

(R8) 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.

(R9) S. 442 -- Senators Rose and Mescher: AN ACT TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

(R10) S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.

(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

(R12) H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE GOVERNOR'S CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS' RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

(R13) H. 3217 -- Reps. Neilson, Hines and Baxley: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

(R15) H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

(R16) H. 3370 -- Rep. Askins: AN ACT TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.

(R17) H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R18) H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R19) H. 3511 -- Education and Public Works Committee: AN ACT TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R20) H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: AN ACT TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

THE HOUSE RESUMES

At 11:45 A.M. the House resumed, the SPEAKER in the Chair.

H. 3690--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

H. 3714--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7229BDW.95), which was ruled out of order.

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

/SECTION     ___.     The 1976 Code is amended by adding:

"Section 50-9-505.     A person permitted pursuant to Section 50-9-500 is authorized to fish on Lake Ashwood in Lee County with nonmanufactured tackle or natural bait."/

Renumber sections to conform.

Amend title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that it dealt with licensing a special lake and the Bill dealt with bait.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

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

H. 3714--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".

H. 3185--OBJECTIONS WITHDRAWN

Reps. R. SMITH, MASON and DAVENPORT withdrew their objections to H. 3185 however, other objections remained upon the Bill.

H. 3115--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3115 however, other objections remained upon the Bill.

H. 3305--OBJECTION WITHDRAWN

Rep. KEEGAN withdrew his objection to H. 3305 however, other objections remained upon the Bill.

H. 3736--RECALLED FROM THE
COMMITTEE ON JUDICIARY

On motion of Rep. H. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

S. 476--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".

Whereas, South Carolina's cotton industry is in a state of emergency due to a serious problem with a resident weed called pigweed. This weed is resistant to all herbicides currently available to our state's cotton farmers; and

Whereas, cotton is one of the most profitable industries in South Carolina; and

Whereas, pigweed already dramatically has affected South Carolina's cotton industry. It is imperative that our cotton industry find immediate relief from this persistent and growing problem; and

Whereas, last year's cotton yield in this State was cut as much as thirty to fifty percent in fields where pigweed is a problem. According to the South Carolina Cotton Board, many cotton farmers are considering reducing their cotton production in 1995 due to their losses in 1994 and the lack of a viable solution; and

Whereas, if an effective herbicide is not available in 1995, the loss to South Carolina is projected to be as much as twelve million dollars; and

Whereas, the DuPont Company has developed a new product, "Staple Herbicide", which has the ability to control pigweed and reduce early season herbicide use as much as ninety-eight percent; and

Whereas, "Staple Herbicide" is not available on the market, so South Carolina's cotton farmers need to secure emergency relief through the Environmental Protection Agency to allow the use of this herbicide; and

Whereas, the positive effects from the use of "Staple" will be felt throughout the cotton industry in South Carolina. Now, therefore,

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

That the members of the General Assembly memorialize the members of the South Carolina Congressional Delegation and the Environmental Protection Agency to help South Carolina's cotton farmers and the economy of this State by encouraging and approving emergency action to allow the use of "Staple Herbicide".

Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation and the director of the Environmental Protection Agency.

Rep. RISER explained the Concurrent Resolution.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHEHEEN.

H. 3115--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, March 7, which was adopted.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

Rep. WORLEY moved that the House do now adjourn.

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

Yeas 5; Nays 79

Those who voted in the affirmative are:

Delleney               Howard                 Neal
Sheheen                Worley

Total--5

Those who voted in the negative are:

Allison                Anderson               Askins
Baxley                 Boan                   Breeland
Brown, H.              Brown, T.              Cain
Carnell                Cato                   Chamblee
Clyburn                Cotty                  Cromer
Dantzler               Davenport              Easterday
Fair                   Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harrison               Harvin
Harwell                Haskins                Herdklotz
Huff                   Hutson                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Littlejohn             Lloyd
Martin                 Mason                  McAbee
McCraw                 McMahand               Meacham
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Sharpe                 Shissias
Simrill                Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whatley
Wilder                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, J.

Total--79

So, the House refused to adjourn.

H. 3647--CONTINUED

The following Bill was taken up.

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Rep. KELLEY moved to adjourn debate upon the Bill.

Rep. CARNELL moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 53

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Beatty                 Boan                   Breeland
Brown, J.              Byrd                   Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Delleney               Felder                 Govan
Harris, J.             Harvin                 Harwell
Hines                  Hodges                 Howard
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Lloyd                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Richardson             Rogers
Scott                  Sheheen                Shissias
Spearman               Stuart                 Tucker
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Worley

Total--54

Those who voted in the negative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Dantzler
Davenport              Easterday              Fair
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Haskins                Herdklotz              Huff
Hutson                 Keegan                 Kelley
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  Meacham
Quinn                  Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, R.              Stille
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, J.

Total--53

So, the Bill was continued.

H. 3185--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Monday, March 6, which was adopted.

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Rep. FELDER moved that the House do now adjourn.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

H. 3228--DEBATE ADJOURNED

Rep. NEILSON moved to adjourn debate upon the following Bill until Monday, March 6, which was adopted.

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

H. 3305--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Monday, March 6, which was adopted.

H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.

H. 3666--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

Rep. T. BROWN proposed the following Amendment No. 3, which was tabled.

of 100% of funds allocated by approved designated board, 5 % will be allocated for rural area roads which does not include municipalities.

Rep. T. BROWN explained the amendment.

Rep. KELLEY spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. L. WHIPPER proposed the following Amendment No. 4, which was tabled.

Amend the bill so that the sales tax will not be imposed on food products.

Rep. L. WHIPPER explained the amendment.

Rep. KELLEY spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 48 to 21.

Rep. L. WHIPPER proposed the following Amendment No. 5, which was tabled.

Amend the bill so as to delete Sales Tax wherever it appears and substitute Gasoline Tax.

Rep. L. WHIPPER explained the amendment.

Rep. KELLEY spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. T. BROWN proposed the following Amendment No. 6, which was tabled.

20% of 1% of funds to be raised shall go to roads that exclude municipalities.

Rep. T. BROWN explained the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to.

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

OBJECTION TO MOTION

Rep. KELLEY asked unanimous consent that H. 3666 be read a third time tomorrow.

Rep. L. WHIPPER objected.

MOTION NOTED

Rep. COTTY moved to reconsider the vote whereby H. 3647 was continued and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3697 -- Rep. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.

H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG" REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3719 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND OLIVER T. HILL OF GREENVILLE COUNTY ON HIS SILVER ANNIVERSARY AS A MINISTER OF THE GOSPEL, AND COMMENDING THIS GREAT LEADER FOR HIS DEDICATION AND OUTSTANDING SERVICE TO HUMANITY.

H. 3722 -- Reps. Stuart, Wright, Riser, Koon, Gamble and Spearman: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE MEALS ON WHEELS VOLUNTEERS OF THE LEXINGTON COUNTY RECREATION AND AGING COMMISSION FOR THE MANY TIRELESS HOURS DEVOTED TO SERVING MEALS TO THE ELDERLY AND DISABLED RESIDENTS OF LEXINGTON COUNTY.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. WELLS adjourned in memory of Thomas Moore of Spartanburg, to meet at 10:00 A.M. tomorrow.

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