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The following Bill was taken up.

H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3868CM.95), which was adopted.

Amend the bill, as and if amended, by striking Section 56-5-6540(B) and inserting:

/(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation

Amend title to conform.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7368BDW.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 56-5-1557. It is unlawful to transport a mobile home along the highways of this State in excess of ten miles below the posted speed limit except when traveling along a highway with a maximum speed limit of twenty-five miles an hour or less. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars."/

Amend title to conform.

Rep. TOWNSEND raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the bill dealt with seat belts and the amendment dealt with mobile homes.

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

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Bailey           Boan
Breeland         Brown, H.        Brown, J.
Brown, T.        Byrd             Cain
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer

Dantzler         Delleney         Easterday
Fair             Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harrison
Harvin           Herdklotz        Hines
Hodges           Howard           Hutson
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McAbee           McCraw
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whipper, L.      Whipper, S.      Wilder
Wilkins          Witherspoon      Wofford
Wright           Young, A.

Those who voted in the negative are:

Baxley           Jennings         Martin
Thomas

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

The following Bill was taken up.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

Rep. ASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3915CM.95), which was adopted.

Amend the Committee Report on Labor, Commerce and Industry, as and if amended, Section 56-19-485, SECTION 1, page 3608, by adding at the end:

/Notwithstanding the provisions of this section, the owner of a vehicle whose total cost of repair, including all labor and parts, is estimated to be seventy-five percent or more of the fair market value of the vehicle must provide the department an affidavit from the rebuilder indicating the cost of repair along with other data the department may prescribe to obtain a certificate of title. A certificate of title issued for a vehicle described in this paragraph must be annotated to indicate the motor vehicle is designated `wreckage' or `salvage' as applicable to the extent necessary to inform the transferee of the exact condition of the vehicle. A wrecked or salvaged out-of-state vehicle or South Carolina registered vehicle may not be registered in this State without this designation, and this designation must be applied to subsequent transfer of the vehicle./

Amend title to conform.

Rep. CATO explained the amendment.

The SPEAKER granted Reps. J. BROWN and SPEARMAN a leave of absence for the remainder of the day.

Rep. GOVAN spoke in favor of the amendment.

Rep. GAMBLE spoke upon the amendment.

Rep. SHARPE raised the Point of Order that the Bill was out of order in compliance with Rule 5.13 in that it did not have a fiscal impact statement attached.

Rep. GAMBLE argued contra the Point in stating that there was no way it would cost the State more money and if anything it would cost the State less because once the title was designated a certain way, it could not change. She further stated that the way it was currently that it could change on numerous occasions and that would cost money.

Rep. ROBINSON stated that it did not affect the expenditure of monies by the State.

The SPEAKER stated that Rule 5.13 stated that each Bill affecting the expenditure of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Auditor as may appear appropriate regarding its effect on the finances of the State and that he did not see where this Bill required that and he overruled the Point of Order.

Rep. GAMBLE continued speaking.

Rep. WALKER moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Anderson         Bailey
Baxley           Breeland         Brown, G.
Brown, H.        Byrd             Cain
Carnell          Cato             Cave
Chamblee         Clyburn          Cotty
Cromer           Dantzler         Delleney
Easterday        Fair             Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.

Harrison         Harvin           Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McMahand         Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Thomas
Townsend         Tripp            Trotter
Vaughn           Wells            Whipper, L.
Whipper, S.      White            Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Those who voted in the negative are:

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

Rep. HUFF moved that the House do now adjourn, which was adopted by a division vote of 45 to 42.

The Senate returned to the House with concurrence the following:

H. 4174 -- Reps. Cromer, Keegan, Sheheen, Quinn and Kelley: A CONCURRENT RESOLUTION CONGRATULATING THE CATHOLIC DIOCESE OF CHARLESTON ON THE OCCASION OF ITS 175TH

H. 4175 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANNE WEISIGER LAND, OF MANNING, THE MOTHER OF OUR DISTINGUISHED COLLEAGUE AND DEAR FRIEND, SENATOR JOHN LAND, AND EXTENDING SYMPATHY TO ALL OF THE MEMBERS OF MRS. LAND'S FAMILY AND HER MANY FRIENDS.

H. 4177 -- Rep. Anderson: A CONCURRENT RESOLUTION SALUTING DOROTHY BROCKMAN OF GREENVILLE COUNTY FOR HER LENGTHY SERVICE AND COUNTLESS CONTRIBUTIONS WHICH HAVE UPLIFTED THE AFRICAN AMERICAN COMMUNITY AND FOR HER DEDICATION AND WILLING SACRIFICES WHICH HAVE SERVED TO GENERATE PRIDE AND SELF-ESTEEM IN OTHERS.

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, with grateful hearts we join Your children far and near to pray on this National Day of Prayer. We thank You for our noble heritage, for this Nation's Founding Fathers, for heroes' bravery and patriots' devotion that has kept for us freedom of speech and freedom of religion.

In true gratitude for our heritage, make us fit for the days ahead correcting what is wrong and zealously doing what is right. Make steadfast our love for America seeing it both as a heritage and as a trust. Keep us steadfast in our thankfulness, our devotion to freedom, our intolerance of evil, our dedication to fairness, and our pursuit of peace.

We pray to Him Who is the Prince of peace. 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.

Rep. STODDARD moved that when the House adjourns, it adjourn in memory of Joe S. Berry of Columbia, which was agreed to.

The following was introduced:

H. 4183 -- Rep. Cromer: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MONSIGNOR CHARLES H. ROWLAND, PASTOR OF THE CATHOLIC CHURCH OF SAINT JOSEPH IN COLUMBIA, ON THE TWENTY-FIFTH ANNIVERSARY OF HIS ORDINATION TO THE PRIESTHOOD.

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

The following was introduced:

H. 4184 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.

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

The following was introduced:

H. 4185 -- Reps. Cromer, Hallman, Herdklotz, Elliott, Mason, Seithel, Simrill, Cotty, Shissias, R. Smith, Knotts, Gamble, Trotter, Limbaugh, Tucker, Byrd, Keegan, Kirsh, Easterday, Riser and Clyburn: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO BECOME THE FIRST CONGRESSIONAL DELEGATION IN THE UNITED STATES TO PROMISE PUBLICLY TO REFRAIN IN THE FUTURE FROM ACCEPTING GIFTS AND GRATUITIES FROM LOBBYISTS AND TO SUPPORT LEGISLATION PROHIBITING THE GIVING AND RECEIVING OF LOBBYISTS' GIFTS AND GRATUITIES TO MEMBERS OF CONGRESS AND THEIR STAFF MEMBERS AND EMPLOYEES.

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

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

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.

Referred to Richland Delegation.

Referred to Aiken Delegation.

H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.

Rep. CATO moved to waive Rule 5.12, which was agreed to by a division vote of 45 to 0.

Without reference.

H. 4189 -- Rep. Haskins: A BILL TO AMEND SECTION 57-25-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNS THAT ARE PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS AND THE REMOVAL OF VEGETATION FROM HIGHWAY RIGHTS-OF-WAY, SO AS TO REVISE THE DISTANCES CERTAIN SIGNS MAY BE ERECTED FROM ANOTHER SIGN.

Referred to Committee on Education and Public Works.

S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

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

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