South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, MARCH 17, 1988

Thursday, March 17, 1988
(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 Father, we lift our morning prayer in thankfulness for this world which You have made: for sunset and dawn, for night and day, for winter and spring, for sunshine and rain. But even more, we are grateful that You have made us as we are: with hands to work and feet to walk, for eyes to see and ears to hear, for minds to think, for memories to recall, for freedom to choose, for hearts to understand. We are grateful, also, for friends who encourage us, for families who share our burdens and heal our wounds, and for all human relationships that make life beautiful.

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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 16, 1988

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. 421:
S. 421 -- Senator Pope: A BILL TO AMEND SECTION 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL BY AN EMPLOYER OF A WAIVER OF EXEMPTION FROM THE WORKERS' COMPENSATION: PROVISIONS, SO AS TO AUTHORIZE AN EMPLOYER TO WITHDRAW A WAIVER BY WRITTEN NOTICE TO HIS INSURER AND TO PROVIDE FOR THE INSURER TO NOTIFY THE WORKERS' COMPENSATION COMMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 3989 -- Reps. Sharpe, Huff, Jones, Rudnick, Pettigrew and Gentry: A HOUSE RESOLUTION INVITING THE STATE CLASS AAA CHAMPION SOUTH AIKEN LADY THOROUGHBRED BASKETBALL TEAM AND ITS COACHES TO VISIT AND BE COMMENDED FOR ITS ACCOMPLISHMENTS IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 10:30 A.M. ON WEDNESDAY, MARCH 30, 1988.

Be it resolved by the House of Representatives:

That the State Class AAA South Aiken Lady Thoroughbred Basketball Team and its coaches are invited to visit and be commended for its accomplishments in the Hall of the House of Representatives at 10:30 A.M. on Wednesday, March 30, 1988.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3990 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE NATHAN R. PERRY OF ORANGEBURG COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3991 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 24-30, 1988, AS "NEWBERRY COUNTY JUNIOR PAGEANT WEEK" IN NEWBERRY COUNTY.

Whereas, the members of the General Assembly note with pleasure that the Newberry County Junior Miss Pageant will be held the week of April 24-30, 1988; and

Whereas, the pageant is the culmination of months and years of hard work by the sponsors and participants; and

Whereas, Newberry County Junior Miss Pageant participants are judged in the categories of talent, scholarship, physical fitness, personal appearance, and interview; and

Whereas, the young ladies who vie for the title of 1988 Newberry County Junior Miss have worked diligently with patience and good humor to hone their talents and skills; and

Whereas, 1988 is a year of particular joy as the 1987 winner of the Newberry County Junior Miss Pageant, Rachel Setzler, who went on to win the South Carolina Junior Miss Pageant, will be honored; and

Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the title of 1988 Newberry County Junior Miss, and to publicly recognize this outstanding pageant and its talented contestants. Now, therefore,

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

That the week of April 24-30, 1988, is proclaimed 1988 Newberry County Junior Miss Pageant Week and the people of Newberry County are called upon to celebrate the week with appropriate observances.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1329 -- Senator Long: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING ACCOMPLISHMENTS AND CONTRIBUTIONS OF MR. WILLIAM L. "SPUD" SPADONI OF HORRY COUNTY AND COMMEND HIM FOR HIS COMMITMENT TO PUBLIC SERVICE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3992 -- Reps. Washington and Whipper: A BILL TO AMEND SECTION 59-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF TEACHERS, SO AS TO PROVIDE FOR THE CRITERIA FOR EMPLOYMENT IF THE TRUSTEES OF A SCHOOL BOARD REQUIRE THAT A TEACHER RECEIVE HIGHER THAN THE MINIMUM REQUIRED SCORE ON ANY TEACHING AREA EXAMINATION.

Referred to Committee on Education and Public Works.

H. 3993 -- Reps. Cork and White: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 7 SO AS TO DESIGNATE THE I-95, U.S. ROUTE 278 CONNECTOR ROAD IN JASPER AND BEAUFORT COUNTIES AS THE HILTON HEAD SCENIC HIGHWAY, AND TO PROHIBIT ALL OFF-PREMISES OUTDOOR ADVERTISING ON THIS SCENIC HIGHWAY.

Referred to Committee on Education and Public Works.

H. 3994 -- Reps. E.B. McLeod, Rhoad and Snow: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

H. 3995 -- Reps. Short and Hodges: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED MEMBER OF HIS IMMEDIATE FAMILY, OR AT THE OPTION OF A PERSON NOT A LICENSED DEALER WHO RECEIVES AN INTER VIVOS TRANSFER OF A VEHICLE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME.

Referred to Committee on Education and Public Works.

H. 3996 -- Reps. E.B. McLeod and McElveen: A BILL TO AMEND SECTION 38-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PENALTIES WHICH MAY BE IMPOSED BY THE CHIEF INSURANCE COMMISSIONER FOR VIOLATIONS OF THE INSURANCE LAWS OF THE STATE, SO AS TO PROVIDE THAT, IN THE CASE WHERE THE VIOLATOR IS AN INSURER OR A HEALTH MAINTENANCE ORGANIZATION LICENSED IN SOUTH CAROLINA AND THE VIOLATION IS WILFUL, THE CHIEF INSURANCE COMMISSIONER SHALL FINE THE VIOLATOR IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND, RATHER THAN THIRTY THOUSAND, DOLLARS, OR SUSPEND OR REVOKE THE VIOLATOR'S AUTHORITY TO DO BUSINESS, OR BOTH.

Referred to Committee on Labor, Commerce and Industry.

H. 3997 -- Reps. E.B. McLeod, M.D. Burriss, Koon, Mappus, Kay, Thrailkill, Baxley, Day, McElveen, Davenport, Bennett, Blanding, Corning, R. Brown, Burch, Huff, Hearn, Cole, Foxworth, Jones, Haskins, K. Bailey, J.C. Johnson, McTeer and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-151 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION, WITH THE COOPERATION AND ASSISTANCE OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO CONDUCT A CRIMINAL BACKGROUND CHECK ON EVERY PERSON SEEKING CERTIFICATION OR RENEWAL OF CERTIFICATION AS A SCHOOL BUS DRIVER, TO DENY THE PRIVILEGE OF SERVING AS A SCHOOL BUS DRIVER TO ANY SUCH PERSON WHOSE CRIMINAL BACKGROUND CHECK INDICATES CONVICTIONS FOR CERTAIN OFFENSES, TO PROVIDE FOR THE DETERMINATION, ESTABLISHMENT, AND PAYMENT OF THE COST OF CONDUCTING THE CRIMINAL BACKGROUND CHECK, AND TO PROVIDE THAT THE REQUIREMENTS IMPOSED BY THIS SECTION ON PERSONS SEEKING CERTIFICATION OR RENEWAL OF CERTIFICATION AS A SCHOOL BUS DRIVER ARE IN ADDITION TO ALL OTHER REQUIREMENTS, CONDITIONS, OR QUALIFICATIONS IMPOSED ON SCHOOL BUS DRIVERS.

Referred to Committee on Education and Public Works.

H. 3998 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RATES OF INTEREST, SO AS TO PROVIDE FOR FAMILY COURT MONEY JUDGMENTS TO DRAW FOURTEEN PERCENT INTEREST ANNUALLY.

Referred to Committee on Judiciary.

H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.

Referred to Committee on Judiciary.

H. 4000 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE, AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION OF CHILDREN.

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

H. 4001 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF THE CHILDREN'S CODE, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VIOLATIONS OF THE CHAPTER RELATING TO "PROTECTION FROM DOMESTIC ABUSE" AND "PROTECTIVE SERVICES FOR DEVELOPMENTALLY DISABLED AND SENILE PERSONS" AND PROVIDE FOR THE AMOUNT OF THE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 43-29-41, 43-29-42, AND 43-29-100 RELATING TO THE PENALTIES FOR ABUSE OF DEVELOPMENTALLY DISABLED AND SENILE PERSONS.

Referred to Committee on Judiciary.

H. 4002 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DETERMINATION OF THE CAPACITY TO STAND TRIAL, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS CHARGED WITH CIVIL CONTEMPT, AS WELL AS A CRIMINAL OFFENSE, AND TO DELETE A REFERENCE TO THE COUNTY COURT.

Referred to Committee on Judiciary.

H. 4003 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1317, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF FEDERAL FUNDS TO ENFORCE SUPPORT OBLIGATIONS, SO AS TO PROVIDE FOR THE CERTIFICATION BY THE CHIEF FAMILY COURT JUDGE AND CLERK OF COURT OF THE USE OF EXCESS FUNDS.

Referred to Committee on Ways and Means.

H. 4004 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.

Referred to Committee on Judiciary.

H. 4005 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.

Referred to Committee on Judiciary.

H. 4006 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY DETENTION OF CHILDREN, SO AS TO PROVIDE FOR THE REFERENCES IN THE SECTION TO THE DUTIES OF THE COURT TO BE LIMITED TO THE FAMILY COURT.

Referred to Committee on Judiciary.

H. 4007 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS; ON ATTORNEY FEES; AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM.

Referred to Committee on Judiciary.

H. 4008 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-123 SO AS TO PROVIDE FOR THE ALLOWANCE OF SUIT MONEY IN DIVORCE ACTIONS; TO AMEND SECTION 20-3-120, RELATING TO ALIMONY AND SUIT MONEY, SO AS TO PROVIDE FOR THE CLAIMS ALLOWED IN ACTIONS FOR DIVORCE, LEGAL SEPARATION, AND SEPARATE SUPPORT AND MAINTENANCE; AND TO REPEAL SECTION 20-3-140 RELATING TO THE ALLOWANCE OF ALIMONY AND SUIT MONEY IN ACTIONS FOR SEPARATE SUPPORT AND MAINTENANCE, LEGAL SEPARATION, AND OTHER MARITAL LITIGATION.

Referred to Committee on Judiciary.

H. 4009 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Faber
Fair                   Ferguson               Foxworth
Gentry                 Gilbert                Gordon
Gregory                Harris, J.             Harvin
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lanford
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 17, 1988.

Doug McTeer                       James E. Lockemy
Terry E. Haskins                  H.E. Pearce, Jr.
Dick Elliott                      W.H. Jones
Paul M. Burch                     Samuel R. Foster
James C. Johnson                  T.W. Edwards
M.J. Cooper                       John G. Felder
Robert A. Kohn                    C. Lenoir Sturkie
Dill Blackwell
Total Present--117

STATEMENTS OF ATTENDANCE

Rep. TAYLOR signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 3, 1988.

Reps BLANDING, STURKIE and M.D. BURRISS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 15, 1988.

Reps. G. BROWN and HEARN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, March 16, 1988.

LEAVES OF ABSENCE

The SPEAKER granted Rep. BLACKWELL a temporary leave of absence.

The SPEAKER granted Rep. BENNETT a leave of absence due to illness.

The SPEAKER granted Rep. J.C. JOHNSON a temporary leave of absence to attend a Conference Committee meeting.

DOCTOR OF THE DAY

Announcement was made that Dr. Lawrence A. Heavrin of Spartanburg is the Doctor of the Day for the General Assembly.

MOTION ADOPTED

Rep. McLELLAN moved that H. 3881 be set for Special Order on Tuesday, March 22 immediately following the Introduction of Bills, which was agreed to.

MOTION ADOPTED

Rep. McLELLAN moved that H. 3882 be set for Special Order immediately following second reading of H. 3881, which was agreed to.

SENT TO THE SENATE

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

H. 3916 -- Reps. Derrick and Sturkie: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF LEXINGTON COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION BEGINNING IN 1990, PROVIDE THE MANNER OF ELECTION, AND EXTEND THE TERMS OF THE PRESENT MEMBERS.

H. 3713 -- Reps. Pearce, Sheheen, J. Rogers, White, McLellan, L. Phillips, Foxworth, Wells, Sharpe, Bennett, Sturkie, K. Bailey, Mappus and Gilbert: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 48-39-270 THROUGH 48-39-360 SO AS TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM; TO AMEND SECTION 48-39-10, RELATING TO DEFINITIONS PERTAINING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REVISE THE DEFINITION OF "CRITICAL AREA"; AND TO AMEND SECTION 48-39-130, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO REVISE THE EXCEPTION FOR EMERGENCY REPAIRS WITHOUT A PERMIT.

H. 3752 -- Reps. M.D. Burriss, J. Bradley, Humphries, Kirsh, Felder, T. Rogers, Davenport, Harvin, Rhoad, Petty, McGinnis and Day: A BILL TO AMEND CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF DOGS AND OTHER DOMESTIC PETS, BY ADDING ARTICLE 11 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY AND MALICIOUSLY TAUNT, TEASE, PHYSICALLY ABUSE, INTERFERE OR MEDDLE WITH, OR TO INJURE OR KILL A DOG USED BY A LAW ENFORCEMENT DEPARTMENT OR AGENCY IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF THE DEPARTMENT OR AGENCY OR WHEN PLACED IN A KENNEL OFF DUTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3838 -- Rep. Rhoad: A BILL TO AMEND SECTION 46-47-70,.CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.

H. 3751 -- Reps. T.M. Burriss and Dangerfield: A BILL TO AMEND SECTION 34-27-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL AND SPECIAL MEETINGS OF CREDIT UNIONS, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR SPECIAL MEETINGS OF CREDIT UNIONS.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 71 -- Senators Peeler and Hinson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES WITHOUT CHARGE BY DISABLED PERSONS, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD ISSUED BY THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN TO WHOM IT IS ISSUED IS PERMANENTLY AND TOTALLY DISABLED MAY BE USED TO TAKE ADVANTAGE OF THE BENEFITS AT THE PARK FACILITIES INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION.

S. 747 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.

S. 922 -- Senator Saleeby: A BILL TO AMEND SECTION 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY UNDER THE WORKERS' COMPENSATION LAW FOR CERTAIN INJURIES, SO AS TO INCREASE THE DISABILITY PERIOD FOR THE LOSS OF AN EYE.

S. 964 -- Senator Lee: A BILL TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR THE CHAPTER ON DEALERS IN PRECIOUS METALS, SO AS TO ADD A DEFINITION FOR "PRECIOUS OR SEMIPRECIOUS STONE OR GEM" AND TO CHANGE ACCORDINGLY THE DEFINITIONS OF VARIOUS OTHER TERMS USED IN THE CHAPTER; AND TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT DEALERS IN PRECIOUS METALS KEEP RECORDS OF CERTAIN PURCHASES AND TO CERTAIN PROVISIONS REGARDING THE SELLER'S IDENTITY, SO AS TO REQUIRE DEALERS TO KEEP A BOOK IN WHICH MUST BE WRITTEN CERTAIN INFORMATION AT THE TIME OF ANY PURCHASE OF PRECIOUS METAL OR PRECIOUS OR SEMIPRECIOUS STONES OR GEMS.

H. 3983--POINT OF ORDER

The following Bill was taken up.

H. 3983 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 104 TO TITLE 59 SO AS TO PROVIDE INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE BY DETAILING THE GOALS OF THE COMMISSION ON HIGHER EDUCATION RELATING TO EXCELLENCE FOR STUDENTS, INSTRUCTION AND EDUCATIONAL SERVICES, RESEARCH FOR ECONOMIC DEVELOPMENT, AND IMPROVING ACCOUNTABILITY THROUGH PLANNING AND ASSESSMENT AND BY ADDING SECTION 59-112-65 SO AS TO PROVIDE FOR THE PAYMENT BY OUT-OF-STATE UNDERGRADUATE STUDENTS AT STATE SUPPORTED COLLEGES AND UNIVERSITIES OF THE EDUCATIONAL AND GENERAL OPERATIONS OF THE INSTITUTION IN WHICH THEY ARE ENROLLED; TO AMEND SECTION 59-103-10, RELATING TO THE MEMBERSHIP OF THE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE BASED UPON THE RECOMMENDATION OF THE MAJORITY OF THE LEGISLATIVE DELEGATION MEMBERS FROM THE DISTRICT, PROVIDE THAT SIX MEMBERS MUST BE APPOINTED FROM THE STATE AT LARGE WITH THE ADVICE AND CONSENT OF THE SENATE, PROVIDE FOR THE DETERMINATION OF WHEN A MEMBER HAS SERVED THE MAXIMUM NUMBER OF TERMS, REQUIRE MEMBERS RECOMMENDED BY THE GENERAL ASSEMBLY TO BE RESIDENTS OF THE APPROPRIATE CONGRESSIONAL DISTRICT, AND DELETE PROVISIONS RELATING TO REPRESENTATION ON THE COMMISSION AND NOTIFICATION OF MEETINGS; SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGETS TO THE COMMISSION BY PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REQUIRE THE BUDGETS TO INCLUDE FUNDS DERIVED FROM APPROVED PRIVATE PRACTICE PLANS, PROVIDE FOR PROGRAMS AT A TECHNICAL AND COMPREHENSIVE EDUCATION INSTITUTION NOT TO BE TERMINATED PURSUANT TO THE COMMISSION'S RECOMMENDATION WHICH IS THE SUBJECT OF AN APPEAL, AND DELETE THE PROVISIONS DETAILING TIME LIMITS ON FEDERAL GRANT REVIEW AND BUDGET REVIEW FORMAT REQUIREMENTS AND THE PROVISIONS REQUIRING GENERAL ASSEMBLY APPROVAL OF A NEW PROGRAM, LIMITING THE APPLICATION OF THE CHAPTER, AND LIMITING THE TERMINATION OF EXISTING PROGRAMS; AND SECTION 59-113-10, RELATING TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE, SO AS TO CHANGE THE REFERENCE TO COMMITTEE TO COMMISSION, PROVIDE FOR THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION ON HIGHER EDUCATION OR HIS DESIGNEE TO SERVE ON THIS COMMISSION, PROVIDE FOR THIS COMMISSION TO BE RESPONSIBLE SOLELY TO THE GENERAL ASSEMBLY AND REPORT AT LEAST ANNUALLY TO THAT BODY, AND DELETE THE PROVISIONS FOR THE INITIAL COMMITTEE MEMBERS; TO REPEAL SECTION 59-112-70, RELATING TO ABATEMENT OF RATES FOR NONRESIDENTS ON SCHOLARSHIP; TO PROVIDE FOR THE CONTINUED SERVICE OF THE PRESENT COMMISSION MEMBERS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO THE HIGHER EDUCATION TUITION GRANT COMMITTEE IN THE CODE TO THE HIGHER EDUCATION TUITION GRANT COMMISSION.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3034--OBJECTION WITHDRAWN

Rep. KLAPMAN withdrew his objection to H. 3034 however, other objections remained upon the Bill.

H. 3922--OBJECTION WITHDRAWN AND OBJECTIONS

Upon the withdrawal of an objection by Rep. CORK the following Bill was taken up.

H. 3922 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-13-1130, 50-13-1135, 50-13-1150, 50-13-1155, 50-13-1165, AS AMENDED, 50-13-1170, 50-13-1175, 50-13-1180, AND 50-13-1185, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FISHING LICENSES AND PERMITS AND TAGS FOR NONGAME FISHING DEVICES, SO AS TO INCREASE RESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS, NONRESIDENT FRESHWATER COMMERCIAL FISHING LICENSES FROM FIVE HUNDRED DOLLARS TO SEVEN HUNDRED FIFTY DOLLARS, AND NONRESIDENT PERMIT AND TAG FEES TO FIFTY DOLLARS A TAG OR PERMIT, TO REQUIRE PERSONS SELLING CATFISH TO BE LICENSED AS A FRESHWATER COMMERCIAL FISHERMAN, TO REQUIRE SUCH A LICENSE FOR A PERSON TAKING NONGAME FISH BY MORE THAN ONE TROTLINE OR TRAP, TO PROVIDE THAT TRAPS, EEL POTS, HOOP NETS, GILL NETS, AND TROTLINES MUST BE MARKED WITH FLOATING MARKERS WHICH CONTAIN THE NAME AND ADDRESS OF THE LICENSEE, AND TO REQUIRE EACH SET HOOK TO HAVE AN IDENTIFICATION TAG ATTACHED TO IT.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 16, by the Committee on Agriculture and Natural Resources.

Rep. FOXWORTH explained the amendment.

Reps. MOSS and E.B. McLEOD objected to the Bill.

S. 711--OBJECTION WITHDRAWN

Rep. GORDON withdrew his objection to S. 711 however, other objections remained upon the Bill.

S. 607--AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. GORDON, ARTHUR and JONES the following Bill was taken up.

S. 607 -- General Committee: A BILL TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE AND TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1990, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE OF NOT MORE THAN ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES, SO AS TO INCREASE THE PERIOD OF NOTICE OF CHARGES AND TO AUTHORIZE THE COUNCIL TO IMPOSE CIVIL PENALTIES NOT TO EXCEED TWO THOUSAND DOLLARS AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE AND PROCEDURES FOR PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT IS REGISTERED IN THE STATE AND TO PROVIDE EXCEPTIONS; AND TO AUTHORIZE PERSONS TO QUALIFY FOR THE EXAMINATION UNDER THE EXPERIENCE PROVISIONS OF PRIOR LAW IF THE APPLICANT FILES A WRITTEN NOTICE OF INTENT WITH THE BOARD ON OR BEFORE JANUARY 1, 1990, AND QUALIFIES UNDER PRIOR LAW ON OR BEFORE JANUARY 2, 1996.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 10, by the Committee on Labor, Commerce and Industry.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

S. 607--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 607 be read the third time tomorrow.

H. 2752--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. HOLT, AYDLETTE and J. BRADLEY the following Bill was taken up.

H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.

Rep. AYDLETTE proposed the following Amendment No. 1, which was ruled out of order.

Amend as and if amended, by inserting in the appropriate place the following:

"Provided however, that the Judiciary Committee is hereby directed to establish educational and other requirements prerequisite to being appointed to the office of Magistrate and to report this legislation to the General Assembly in 1989."

Rep. AYDLETTE explained the amendment.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 1 to H. 2752 was out of order as it was not germane to the Bill.

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

Rep. WILKINS explained the Bill.

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

H. 3592--DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. KOON and K. BAILEY the following Bill was taken up.

H. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.

Rep. STODDARD moved to adjourn debate upon the Bill until Wednesday, March 23, which was adopted.

H. 2923--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. BLANDING and McABEE the following Bill was taken up.

H. 2923 -- Rep. Wilkins: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO PROVIDE THAT THE DIRECTOR OF THE CRIMINAL JUSTICE ACADEMY AND CERTAIN PERSONNEL OF THE ACADEMY HAVE THE STATUS OF LAW ENFORCEMENT OFFICERS; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1987, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OF A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE DIRECTOR OF THE ACADEMY TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

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

S. 711--OBJECTIONS WITHDRAWN AND OBJECTIONS

Upon the withdrawal of objections by Reps. WHITE and ARTHUR the following Bill was taken up.

S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 1, by the Committee on Judiciary.

Rep. WILKINS explained the amendment.

Reps. J. BRADLEY, LIMEHOUSE, SHARPE, DAVENPORT, McCAIN, MOSS and STURKIE objected to the Bill.

H. 3175--OBJECTION WITHDRAWN

Rep. DAY withdrew his objection to H. 3175 however, other objections remained upon the Bill.

H. 3415--OBJECTION WITHDRAWN

Rep. WILDER withdrew his objection to H. 3415 however, other objections remained upon the Bill.

OBJECTION TO RECALL

Rep. FAIR asked unanimous consent to recall S. 1035 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.

Rep. PETTIGREW objected.

H. 3356--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the Senate Amendments on the following Bill until Thursday, March 24, which was adopted.

H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White, Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.

H. 2161--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 2161 -- Reps. Edwards and D. Martin: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO PROVIDE THAT APPLICATIONS BY ANYONE QUALIFIED TO VOTE BY ABSENTEE BALLOT WHO APPEARS IN PERSON MUST BE ACCEPTED UNTIL 5:00 P.M. ON THE DAY IMMEDIATELY PRECEDING THE ELECTION INSTEAD OF LIMITING THIS AUTHORIZATION TO PERSONS IN EMPLOYMENT AND ELECTORS WITH A DEATH OR FUNERAL IN THE FAMILY WITHIN A THREE-DAY PERIOD PRIOR TO THE ELECTION.

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

H. 3305--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3305 -- Reps. J. Bradley, Boan and J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT INTEREST AT THE LEGAL RATE MUST BE PAID BY A LIFE INSURER ON A LUMP SUM DEATH BENEFIT IF THE INSURER FAILS TO PAY THE BENEFIT WITHIN THIRTY DAYS OF THE CLAIMANT SUBMITTING PROOF OF DEATH.

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

H. 2148--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.

Rep. DAVENPORT explained the Senate Amendments.

The House refused to agree to the Senate Amendments, and a message was ordered sent accordingly.

S. 1100--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.

Rep. J. BRADLEY explained the Senate Amendments.

Rep. MAPPUS spoke in favor of the Senate Amendments.

The House refused to agree to the Senate Amendments by a division vote of 9 to 63 and a message was ordered sent accordingly.

MOTION PERIOD

Rep. McABEE moved to dispense with the Motion Period.

As a first substitute Rep. McEACHIN moved to recall H. 3354 from the Ways and Means Committee.

As a second substitute Rep. FAIR moved to recall S. 1035 from the Education and Public Works Committee.

Rep. TOWNSEND moved to table the motion, which was agreed to by a division vote of 36 to 35.

As a second substitute Rep. McABEE moved to dispense with the balance of the Motion Period.

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

The question then recurred to the motion to recall H. 3354 from the Ways and Means Committee.

Rep. KIRSH moved to table the motion.

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

The motion to table the motion to recall H. 3354 was agreed to by a division vote of 72 to 16.

The question then recurred to the motion to dispense with the Motion Period, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. L. PHILLIPS a leave of absence to attend a Highway Commission meeting.

H. 2187--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2187 -- Reps. Keyserling, Evatt, T. Rogers, White, Toal, Rudnick, Foxworth, J. Harris, Lewis, Shelton, Neilson, J. Rogers, Moss, Whipper, Hearn and McTeer: A BILL TO AMEND SECTION 20-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSES, SO AS TO INCREASE THE MARRIAGE LICENSE FEE FROM ONE DOLLAR TO SIX DOLLARS, AND TO AMEND SECTION 20-1-370, RELATING TO THE DISPOSITION OF MARRIAGE LICENSE FEES, SO AS TO PROVIDE THAT THE INCREASE IN THESE FEES MUST BE USED FOR BATTERED SPOUSE AND FAMILY VIOLENCE PROGRAMS OF THE DEPARTMENT OF SOCIAL SERVICES.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, March 29, which was rejected.

Rep. McABEE moved that the House do now adjourn.

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

Yeas 19; Nays 74

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, K.
Bradley, J.            Burriss, T.M.          Carnell
Corning                Day                    Foxworth
Kirsh                  Kohn                   Mappus
McAbee                 McLellan               Nesbitt
Phillips, O.           Rhoad                  Rice
Williams

Total--19

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Beasley
Bradley, P.            Brown, N.              Brown, J.
Brown, R.              Burch                  Burriss, J.H.
Burriss, M.D.          Chamblee               Clyborne
Cole                   Cork                   Dangerfield
Davenport              Derrick                Edwards
Elliott                Faber                  Fair
Gentry                 Gilbert                Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Keyserling
Klapman                Koon                   Lanford
Limehouse              Lockemy                Martin, D.
Martin, L.             McBride                McCain
McEachin               McElveen               McGinnis
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nettles                Pearce
Pettigrew              Petty                  Rogers, J.
Rudnick                Sharpe                 Sheheen
Simpson                Stoddard               Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Waldrop                Wells
White                  Wilder

Total--74

So, the House refused to adjourn.

LEAVE OF ABSENCE

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

Rep. T. ROGERS explained the Bill.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. T. ROGERS having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3990 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE NATHAN R. PERRY OF ORANGEBURG COUNTY.

ADJOURNMENT

At 11:25 A.M. the House in accordance with the motion of Rep. HOLT adjourned to meet at 10:00 A.M. tomorrow.

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