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The following Bill was taken up.

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

Rep. YOUNG-BRICKELL moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

The following Bill was taken up.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART

Rep. SIMRILL moved to continue the Bill.

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

The House refused to continue the Bill by a division vote of 24 to 43.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10846AC.96).

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

/SECTION 1. Section 20-3-10(5) of the 1976 Code is amended to read:

"(5) On the application of either party if and when the husband and wife voluntarily have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall is not be a bar to either party obtaining a divorce on this ground.

(6) On the application of a party if and when the husband and wife have lived separate and apart without cohabitation for a period of three years because of the other party's involuntary confinement to an institution for reasons of mental incompetency or the other party's confinement to a correctional facility with a sentence of imprisonment of fifteen years or more."

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

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. COTTY moved to adjourn debate upon the Bill until Wednesday, May 29, which was adopted.

Rep. SIMRILL moved to adjourn debate upon the following Joint Resolution until Wednesday, May 29, which was adopted.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE

Rep. FELDER moved that the House recur to the morning hour, which was agreed to.

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

S. 871 -- Senators Leventis, Moore, Thomas and Lander: 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.

Ordered for consideration tomorrow.

The following was introduced:

H. 5072 -- Rep. Scott: A CONCURRENT RESOLUTION CONGRATULATING MRS. JOYCE ANN LAW OF RICHLAND COUNTY ON BEING RECOGNIZED AS THE 1995-96 TEACHER OF THE YEAR AT A. J. LEWIS GREENVIEW ELEMENTARY SCHOOL AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

The following was introduced:

H. 5073 -- Reps. Hodges, McTeer, Rogers, Cobb-Hunter, Neal, Richardson, Canty, Keyserling, McElveen and Harvin: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS

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

Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.

S. 1049 -- Senator Rankin: A BILL TO AMEND SECTION 23-6-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO EXPAND THE MEMBERSHIP TO INCLUDE A VICTIM REPRESENTATIVE.

Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.

At 4:10 P.M. the House in accordance with the motion of Rep. HUTSON adjourned in memory of retired Colonel Robert Waddington Harnett of Summerville, to meet at 10:00 A.M. tomorrow.

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, always near to all as a Presence to give us courage, a Light to lead us, and a Teacher to transform us, keep us sensitive and responsive to Your promptings, changing us from what we are to what we ought to be. Make us always ready to yield ourselves to Your way for our littleness needs Your greatness, our weakness needs Your strength. Grant that nothing may eclipse our faith or obscure our hope as we pray "Your will be done on earth as it is in Heaven."

God bless us and use us this day and every day. 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. S. WHIPPER moved that when the House adjourns, it adjourn in memory of Ardenia Gamble and Lykes Gamble, Sr. of Liberty Hill, N. Charleston, which was agreed to.

The following were received and referred to the appropriate committees for consideration.

Document No. 2043
Promulgated By Department of Health and Environmental Control
61.92. Underground Storage Tank Control Regulations
Received By Speaker May 29, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date September 26, 1996
(Subject to Sine Die Revision)

The following was received.
Columbia, S.C., May 28, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 62:

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 28, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1102:

S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the appointment of Senators McConnell, Moore and Courson of the Committee of Free Conference on the part of the Senate on H. 3961:

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES

Received as information.

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the appointment of Senators McConnell, Moore and Courson of the Committee of Free Conference on the part of the Senate on H. 3962:

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER

Received as information.

The following was received from the Senate.

Columbia, S.C., May 28, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3845:

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
President

On motion of Rep. CROMER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. CROMER, KLAUBER and TUCKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 5074 -- Rep. Wilkins: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND APPRECIATION TO THE HONORABLE HEYWARD GROVERMAN HUTSON A DEDICATED, CONSCIENTIOUS, AND COMMITTED MEMBER OF THE HOUSE OF REPRESENTATIVES SINCE 1993, AND WISHING HIM THE BEST ON THE OCCASION OF HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.

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