South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

Wednesday, May 3, 1989
(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:

Great God, Lord of all, in You we trust. Remove from us all false gods, help us to worship You in spirit and in truth. In our deliberations here, keep us wise and strong. In our dealings with each other, help us to pursue justice and good will. In whatever we think, say and do, use us for the advancement of those things that are right in Your sight. Give us the determination to do for others that we wish them to do for us. Echo without ceasing in our minds the words of the Psalmist: "From the rising of the sun unto the going down of the same, the Lord is to be praised" (Psalm 113:3).

In our Master's Name we pray. Amen.

Pursuant to Rule 5.3, 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.

REPORTS OF STANDING COMMITTEES

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

H. 3444 -Reps. Hearn, Hayes and Fair: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO CONDUCT A SPECIAL STUDY TO DETERMINE THE PROGRAM EFFECTIVENESS OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.

Ordered for consideration tomorrow.

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

S. 703 -- senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE SECRETARY OF DEFENSE, THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE AND THE CONGRESS TO DECLARE WAR ON ILLICIT DRUG TRAFFICKING AND TO MOBILIZE THE ARMED FORCES TO RID THE UNITED STATES OF THE DESPICABLE, LOATHSOME, ILLICIT DRUG CATASTROPHE.

Ordered for consideration tomorrow.

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

H. 3197 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE PRESENTLY CALLED THE "SCOOPER BRIDGE" IN THE CRESCENT COMMUNITY OF SPARTANBURG COUNTY THE "DeYOUNG BRIDGE".

Ordered for consideration tomorrow.

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

H. 3953 -- Reps. Manly, Mattos, M.O. Alexander, Clyborne, Blackwell, Baker, Wilkins, L. Martin, Keyserling, Haskins, Jaskwhich, Fant and Fair: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL LEGISLATION THAT TOOK EFFECT JANUARY 1, 1989, WHICH SUBSTANTIALLY REDUCES THE NUMBER OF PATIENTS WITH MENTAL ILLNESS OR IMPAIRMENTS WHO ARE QUALIFIED TO BE ADMITTED TO NURSING HOMES THROUGHOUT THE UNITED STATES.

Ordered for consideration tomorrow.

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

H. 3410 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, and Rep. McEACHIN, for the minority, submitted an unfavorable report, on:

H. 3581 -- Reps. Mattos, Barber, Blanding, Rama, Mappus, Winstead, M.O. Alexander, Cooper, Phillips, Gordon, G. Bailey, D. Williams, Beasley, Sturkie, Keegan, Klapman, K. Bailey, Huff, Keesley, T.M. Burriss, T. Rogers, McTeer, McLeod, Carnell, Koon, Corning, Davenport, Fair, Harwell, McGinnis, Haskins, Wilder, Rhoad, Harvin, Jaskwhich, J. Brown, Lockemy, J.C. Johnson, L. Martin, J. Bailey, Wright, Quinn and Snow: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 102 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN TWENTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL ASSAULT CASES.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 564 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report. with amendments, on:

S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3817 -- Reps. Fetter, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIAL MAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 3883 -- Rep. Baxley: A BILL TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3992 -- Reps. McEachin, McKay, Nettles and Glover: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME A PORTION OF S.C. HIGHWAY 51 IN FLORENCE COUNTY THE HERBERT THOMAS FLOYD MEMORIAL HIGHWAY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 743 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DEACON LUTHER THAMES OF MANNING WHO DIED APRIL 17, 1989.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 748 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST RESPECTED AND GRACIOUS LADIES, MRS. LOUISE HUGGINS, OF MYRTLE BEACH IN HORRY COUNTY UPON THE OCCASION OF HER NINETIETH BIRTHDAY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3994 -- Reps. Taylor, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, McBride, Quinn, T. Rogers and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF RODNEY YOUNG, A NATIVE OF ROCK HILL IN YORK COUNTY AND MORE RECENTLY OF COLUMBIA, WHO DIED IN THE TRAGIC ACCIDENT ABOARD THE USS IOWA.

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

INTRODUCTION OF BILLS

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

H. 3993 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-120 SO AS TO ESTABLISH CERTAIN REQUIREMENTS FOR ADVERTISING FOR CHIROPRACTORS.

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

S. 735 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF RYAN INVESTMENT COMPANY, INC., IN RICHLAND COUNTY.

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

S. 736 -- Senators Mullinax, J. Verne Smith, O'Dell and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR TEMPORARY LICENSE PLATES AND CERTIFICATES OF REGISTRATION OF MOTOR VEHICLES USED ONLY FOR CORPORATE RESEARCH AND DEVELOPMENT.

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

Rep. KLAPMAN objected.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Blackwell              Blanding
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Kohn
Lanford                Limehouse              Littlejohn
Lockemy                Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Stoddard               Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 3, 1989.

Denny W. Neilson                  L. Edward Bennett
Rick Quinn, Jr.                   Ralph Davenport
J.W. Johnson, Jr.                 C. Lenoir Sturkie
Ken Bailey                        James C. Johnson
Grady Brown                       Larry Koon
T.M. Burriss                      Joseph McElveen
Total Present-124

LEAVE OF ABSENCE

The SPEAKER granted Rep. CORBETT a leave of absence for the remainder of the day to attend a funeral.

STATEMENT OF ATTENDANCE

Reps. BEASLEY and LIMEHOUSE 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, May 2, 1989.

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3985 -- Rep. G. Brown: A BILL TO AMEND ACT 149 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA.

H. 3358 -- Reps. Corning, Cork, Klapman, Jaskwhich, Littlejohn, Mattos, Sheheen, M.O. Alexander, Hallman, Rama, Keegan, J.C. Johnson, Mappus, Vaughn, Winstead, Baker, Blackwell, Barber, McKay, Cole, Koon, Elliott, Corbett, T.M. Burriss, Derrick, Wright, McLellan, H. Brown, Clyborne, Moss, McEachin, Taylor, Haskins, Wells, McCain, Kirsh, Sturkie, Huff, Wilkins, Hayes, Waites, Quinn, Holt, J. Harris, Fair, J. Brown, Nettles, J. Bailey, Waldrop, Felder, Townsend, Kay, Snow, Burch, Bruce, Short, McTeer, Gregory, Gordon, McAbee, Harvin, Lockemy, Simpson, J. Rogers, T.C. Alexander, T. Rogers, McGinnis, Limehouse, Wilkes, Wofford, Keyserling, McLeod, Washington, P. Harris, Carnell, G. Brown, Hearn, Sharpe, Baxley and Foster: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.

H. 3035 -- Reps. Altman and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.

H. 3459 -- Reps. J. Rogers and Washington: A BILL TO AMEND SECTION 4-29-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL REVENUE PROJECTS VALUED AT EIGHTY-FIVE MILLION DOLLARS OR MORE WHICH ARE FINANCED BY INDUSTRIAL REVENUE BONDS, SO AS TO PROVIDE THAT A FEE IN LIEU OF TAXES EQUAL TO THE AMOUNT OF THE TAX ON THE UNDEVELOPED PROPERTY IS REQUIRED FOR YEARS BEFORE THE COMPLETION OF THE PROJECT, TO PROVIDE AN ADDITIONAL ELEMENT IN THE CALCULATION OF THE FEE BY USING AN APPLICABLE MILLAGE RATE THAT INCREASES OR DECREASES IN STEP WITH THE ACTUAL MILLAGE RATE WHERE THE PROJECT IS LOCATED, TO PROVIDE THAT THE RESULTS OF THE DETERMINATION OF MINIMUM PAYMENTS FOR AFFECTED SCHOOL DISTRICTS MUST BE DIRECTLY FORESEEABLE, TO PROVIDE THAT CALCULATION OF THE FEE IN LIEU OF TAXES MAY NOT INCLUDE THE EXEMPTION ALLOWED FOR CORPORATE HEADQUARTERS FACILITIES, TO PROVIDE A FIVE-YEAR PERIOD FOR A PROJECT TO MEET THE MINIMUM INVESTMENT REQUIREMENTS, TO PROVIDE FOR A FEE IN LIEU OF TAXES PLUS INTEREST WHEN A PROJECT FAILS TO MEET THE MINIMUM INVESTMENT REQUIREMENT IN A TIMELY MANNER, TO PROVIDE THE DISCOUNT RATE THAT MUST BE USED TO DETERMINE NET PRESENT VALUE FOR PURPOSES OF CALCULATING THE FEE IN LIEU OF TAXES, AND TO PROVIDE THAT FEES RECEIVED BY SCHOOL DISTRICTS UNDER NONADJUSTING FEE FORMULAS ARE NOT CONSIDERED LOCAL REVENUE FOR PURPOSES OF COMPUTING MINIMUM EFFORT REQUIREMENTS.

ORDERED TO THIRD READING

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

H. 3990 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE ONE ADDITIONAL MILL TO BE LEVIED IN THE COUNTY AND USED BY THE ORANGEBURG COUNTY BOARD OF EDUCATION.

H. 3527 -- Rep. Locke my: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.

H. 3798 -- Reps. Kirsh, McLellan and McTeer: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

H. 3807 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE PAYMENT NECESSARY TO RECEIVE CREDIT UNDER THE SYSTEM FOR SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM IS THE ACCUMULATED CONTRIBUTIONS AND INTEREST IN THE SOUTH CAROLINA RETIREMENT SYSTEM PLUS FIVE PERCENT OF CURRENT SALARY FOR EACH FULL YEAR CREDITED PRORATED FOR PERIODS OF LESS THAN A YEAR.

Rep. MATTOS explained the Bill.

S. 594 -- Senator Land: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER OF THE SYSTEM WHO IS AN ELECTED OFFICIAL WHOSE ANNUAL COMPENSATION IS LESS THAN THE EARNINGS LIMITATION BELOW WHICH A RETURN TO COVERED EMPLOYMENT DOES NOT AFFECT THE RECEIPT OF BENEFITS AND WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIREMENT MAY RETIRE WITHOUT A BREAK IN SERVICE.

Rep. MATTOS explained the Bill.

H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.

H. 3639 -- 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.

Rep. WILKINS explained the Bill.

H. 3638 - Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.

Rep. WILKINS explained the Bill.

S. 242 -- Senators Hayes, Helmly, Bryan, Pope, Passailaigue, Stilwell, Nell W. Smith, Moore, Wilson, Courson, Macaulay, Giese, Drummond, Williams, J. Verne Smith, Hinson, Mitchell, Thomas, Patterson, Lourie, Fielding, Long, Peeler, Setzler, Lee, Matthews, McLeod, Hinds, O'Dell, Waddell, Martschink, Shealy, Saleeby, Gilbert, Mullinax, Leventis, Rose, McGill, McConnell, Horace C. Smith and Leatherman: A BILL TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.

S. 561 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1897 SO AS TO PROVIDE FOR THE ADOPTION AND BIRTH PARENT SERVICES PROGRAM WITHIN THE DEPARTMENT OF SOCIAL SERVICES TO BE THE ONLY PUBLIC ADOPTION PROGRAM IN SOUTH CAROLINA.

S. 64 -- Senator Land: A BILL TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO INCLUDE THE COUNTY OF SUMTER AS ONE OF THE COUNTIES IN WHICH THE PUBLIC SERVICE AUTHORITY MAY ACQUIRE OR PURCHASE OR CONSTRUCT, OPERATE, AND MAINTAIN STRUCTURES AND FACILITIES IN THE TREATMENT AND DISTRIBUTION OF WATER FOR INDUSTRIAL, COMMERCIAL, OR AGRICULTURAL PURPOSES AND ACQUIRE, TREAT, TRANSMIT, DISTRIBUTE, AND SELL WATER AT WHOLESALE.

S. 497 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO PROVIDE FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE.

Rep. MOSS explained the Bill.

H. 3959 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO FISHING IN LAKE JOCASSEE AND LAKE RICHARD B. RUSSELL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 388 -- Senators Shealy, Setzler and Wilson: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 304 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-35-15 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS.

S. 245-DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted.

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

H. 3887-AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3887 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 46-13-30 AND 46-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE CONTROL, SO AS TO AUTHORIZE THE PROMULGATION OF REGULATIONS AND TO PROVIDE THAT ANY PERSON MAY BE PENALIZED FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-13-55 AND 46-13-185 SO AS TO PROVIDE FOR THE REGULATION OF STRUCTURAL PEST CONTROL ACTIVITY AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY TO EMPLOY COUNSEL.

Rep. McCLEOD proposed the following Amendment No. 1 (Doc. No. 4261U), which was adopted.

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

/SECTION 1. Chapter 13, Title 46 of the 1976 Code is amended by adding:

"Section 46-13-55. Structural pest control activity must be regulated by the director in accordance with this chapter and the regulations promulgated by its authority. The director may promulgate the necessary regulations relating to structural pest control activity."

SECTION 2. Chapter 13, Title 46 of the 1976 Code is amended by adding:

"Section 46-13-185. The director may prosecute criminal violators of this chapter and may use his own counsel in inferior courts but only when the defendant chooses to be represented by Counsel. Counsel employed by the director may assist the solicitor, when requested, in general sessions court, the Court of Appeals, and the Supreme Court."

SECTION 3. Section 46-13-180(2) of the 1976 Code is amended to read:

"(2) Civil Penalty. In addition to any denials, suspensions, revocations, or modifications a denial, suspension, revocation, or modification of any provisions of any licenses or certificates, a license or certificate or any other penalty as set forth in this chapter, any an applicant, or a holder of a license or certificate, or a person who receives compensation for making a pesticide application on property who violates any provisions a provision of this chapter may be assessed a civil penalty by the director of not more than one thousand dollars for each offense."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. E.B. McLEOD explained the amendment.

The amendment was then adopted.

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

S. 62-COMMITTED

The following Bill was taken up.

S. 62 -- Senators Long, Land, Gilbert, Hinson and Rose: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.

Rep. McLELLAN moved to commit the Bill to the Committee on Ways and Means, which was agreed to.

H. 3466-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3297U), which was adopted.

Amend the bill, as and if amended, in Section 12-45-180 of the 1976 Code, as contained in SECTION 1, by striking /second/ on line 14 of page 2 and inserting /first/.

When amended, Section 12-45-180 of the 1976 Code shall read:

/Section 12-45-180. When the taxes and assessments or any portion thereof of the taxes and assessments charged against any property or person on the duplicate for the current fiscal year are not paid before the sixteenth day of January or thirty days after the mailing of tax notices, whichever occurs later, the county auditor shall add a penalty of three percent on the county duplicate and the county treasurer shall collect the penalty; and if. If the taxes, assessments, and penalty are not paid before the second day of the next February, an additional penalty of seven percent must be added by the county auditor on the county duplicate and collected by the county treasurer; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of the next March, an additional penalty of five percent must be added by the county auditor on the county duplicate and collected by the county treasurers; and if. If the taxes, assessments, and penalties are not paid before the seventeenth day of March, the county treasurer shall issue his tax execution to the officer authorized and directed to collect delinquent taxes, assessments, penalties, and costs for their collection as provided in Chapter 51 of this title and they must be collected as required by that chapter. The United states postmark is the determining date for mailed payments.

If the payment dates required by this section fall on a Saturday, Sunday, or legal holiday, the dates are extended to the end of the first business day immediately following which is not a Saturday, Sunday, or legal holiday./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

H. 3656-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3543U), which was adopted.

Amend the bill, as and if amended, by striking subsection (A) of Section 8-11-155 of the 1976 Code, as contained in Section 1, and inserting:

/(A) An adoptive parent who is employed by this State, its departments, agencies, or political subdivisions may use up to six weeks of his accrued sick leave to take time off for purposes of arranging for the adopted child's placement or caring for the child after placement. The employer shall not penalize an employee for requesting or obtaining time off according to this section./

Amend title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

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

H. 3923-DEBATE ADJOURNED

Rep. J. HARRIS moved to adjourn debate upon the following Bill until Thursday, May 4, which was adopted.

H. 3923 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT ON THE SALE OF AN ITEM OF DEPRECIATED PROPERTY BETWEEN CORPORATIONS THE PURCHASER MAY USE THE SELLER'S DEPRECIATED VALUE OF THE PROPERTY AS ITS BASIS FOR PURPOSES OF PROPERTY TAX VALUATION AND TO PROVIDE EXCEPTIONS.

S. 307-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 307 -- Finance Committee: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3291U), which was adopted.

Amend the bill, as and if amended, the first paragraph of Section 12-37-250, as contained in SECTION 1, page 2, by striking lines 41 through 45 and page 3 by striking lines 1 through 12 so that when amended the paragraph reads:

/The first twenty thousand dollars of the fair market value of the dwelling place of persons a person is exempt from county, municipal, school, and special assessment real estate property taxes when the persons have person has been residents a resident of this state for at least one year; have each and has reached the age of sixty-five years on or before December thirty-first, or any the person who has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or any the person who is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. Any A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of such the person using its own standards. The exemption shall include includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, on or before December thirty-first preceding January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption may must not be granted for the tax year in which it is claimed unless such persons the person or their agents make his agent makes written application therefor on or for the exemption before July fifteenth sixteenth of the that tax year in which the exemptions claimed. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor shall, as directed by the Comptroller General, shall notify the municipality of all exemptions applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

S. 323-AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 323 -- Senator Giese: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-47 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, AND TO REQUIRE THE LOCAL SYSTEM TO KEEP AN ADEQUATE RETAINAGE TO MEET CURRENT RETIREE OBLIGATIONS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3825U), which was adopted.

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

/SECTION 1. Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:

"Section 9-11-48. Notwithstanding the provisions of Section 9-11-40, an employer who maintains a local retirement system for firefighters before the date of admission to the Police Officers' Retirement System may require all active members and retirees or their beneficiaries of that local system to become members or beneficiaries of the South Carolina Police Officers' Retirement System on the date of admission. The date of admission is April 1, 1989, or at the beginning of any quarter thereafter. If this option is exercised, all assets of the local retirement system must be transferred to this system as of the date of admission. Any actuarial accrued liabilities realized by the system on account of the transfer, including retiree liability, as determined by the board's actuary and not met by transferred assets, must be paid by the employer in a lump sum or in installments over a period not to exceed ten years, as the board under uniform regulations may determine. The asset transfer and employer payment, if required by this section, is in lieu of any other payments that would otherwise be required by this section.

Retirees or their beneficiaries transferred to this system shall receive benefits equal to those they received under the former local retirement system plus increases provided by law for beneficiaries of this system on or after the date of admission.

If a retiree on the date of transfer is employed in employment covered by the system, the earnings limitation of section 9-11-150(4) does not apply while the retiree remains in the same covered employment."/

Amend title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

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

S. 506--DEBATE ADJOURNED

Rep. GENTRY moved to adjourn debate upon the following Joint Resolution until Thursday, May 4, which was adopted.

S. 606 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3958--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3958 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 916, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BARFIELD moved to recommit the Joint Resolution to the Committee on Agriculture and Natural Resources.

Rep. HOLT moved to table the motion, which was agreed to by a division vote of 21 to 4.

Rep. BARFIELD moved to adjourn debate upon the Joint Resolution until Thursday, May 4, which was adopted.

SPECIAL ORDERS INSISTED UPON

Rep. T. ROGERS insisted upon the Special Orders of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day and tomorrow.

H. 3609-INTERRUPTED DEBATE

The following Bill was taken up.

H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3933U).

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

/SECTION 1. Section 9-1-1020 of the 1976 Code, as last amended by Act 476 of 1988, is further amended to read:

"Section 9-1-1020. The employee annuity savings fund shall be is the account in which shall must be recorded the contributions deducted from the earnable compensation of members to provide for their employee annuities. Each employer shall cause to be deducted deduct from the compensation of each member on each and every payroll of such the employer for each and every payroll period four percent of his earnable compensation. With respect to each member who is eligible for coverage under the Social Security Act in accordance with the agreement entered into during 1955 in accordance with the provisions of Chapter 7 of this Title; however, such the deduction shall, commencing with the first day of the period of service with respect to which such the agreement is effective, must be at the rate of three percent of the part of his earnable compensation not in excess of four thousand eight hundred dollars, plus five percent of the part of his earn able compensation in excess of four thousand eight hundred dollars. In the case of any member so who is eligible and receiving compensation from two or more employers, such the deductions may be adjusted under such the rules as the Board may establish so as to be as nearly equivalent as practicable to the deductions which would have been made had the member received all of such the compensation from one employer. In determining the amount earnable by a member in a payroll period, the Board may consider the rate of annual earnable compensation of such the member on the first day of the payroll period as continuing throughout such the payroll period and it may omit deduction from earnable compensation for any period less than a full payroll period if a teacher or employee was not a member on the first day of the payroll period.

Each employer shall certify to the Board on each and every payroll or in such any other manner as the Board may prescribe prescribes the amounts to be deducted and such these amounts shall must be deducted and, when deducted, shall must be credited to said the employee annuity savings fund; and to the individual accounts of the members from whose compensation the deductions were made.

The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members, five six percent of earnable compensation and, in the case of Class Two members, six seven percent of earnable compensation.

Each department and political subdivision shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions so picked up shall must be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; however, each department and political subdivision shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service, or the federal courts, rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall may not be included as gross income of the employee until such time as they are distributed or made available. The department and political subdivision shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The department and political subdivision may pick up these contributions by a reduction in the cash salary of the employee. Employee contributions picked up shall must be treated for all purposes of this section in the same manner and to the extent as employee contributions made prior to before the date picked up.

Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. Contributions are deductible on pay for unused annual leave."

SECTION 2. Section 9-1-1510 of the 1976 Code is amended to read:

"Section 9-1-1510. Any A member may retire upon written application to the board setting forth at what time, not more than ninety days prior nor before or more than six months subsequent to the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have thirty has twenty-five or more years of creditable service and shall have has separated from service and, if the time so specified is subsequent to the date of application, notwithstanding that, during such the period of notification, he may have separated from service."

SECTION 3. Section 9-1-1550(A) and (B) of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:

"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist consists of:

(1) An employee annuity which shall be is the actuarial equivalent of his accumulated contributions at the time of his retirement: and

(2) An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to before the age of sixty-five years; and

(3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be is equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder in the System during such the entire period.

Upon retirement from service on or after July 1, 1988, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and thirty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.

If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-five years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.

Notwithstanding the foregoing provisions, any Any Class One member who retires on or subsequent to July 1, 1976, shall receive not less than the benefit provided under the formula in effect prior to before July 1, 1976.

(B) Upon retirement from service on or after July 1, 1988, a Class Two member shall receive a service retirement allowance computed as follows:

(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one seven- tenths and three quarters percent of his average final compensation, multiplied by the number of years of his creditable service.

(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-five years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.

(3) Notwithstanding the foregoing provisions, any Any Class Two member whose creditable service commenced prior to before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."

SECTION 4. The 1976 Code is amended by adding:

"Section 9-1-1555. Effective July 1, 1989, the benefits payable due to retirement before July 1, 1989, must be increased by three percent."

SECTION 5. Section 9-1-1710 of the 1976 Code is amended by adding at the end:

"(3) A member who elects to amortize the purchase of out-of-state or out-of-system service shall pay an interest rate equal to the prime rate plus two percent. For the purposes of this section, the prime rate is the prime rate of the five largest banks in South Carolina for deposits."

SECTION 6. The 1976 Code is amended by adding:

"Section 59-1-460. School districts shall report to the State Department of Education information concerning those teachers who retire under the provisions of Chapter 9 relating to the South Carolina Retirement System. School Districts shall also report to the department those teachers who are hired to replace teachers who retired under the provisions of Chapter 9. Using this information, the department shall adjust the calculation to offset the South Carolina Average Teacher Salary for the purpose of projecting the Education Improvement Act Salary Supplement requirements. The department is authorized to develop and implement the required policies and reporting instruments to meet the requirements of this section."

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. T. ROGERS explained the amendment.

Reps. McLELLAN, SIMPSON, and WHIPPER spoke against the amendment.

Rep. FELDER spoke in favor of the amendment.

Rep. KIRSH moved that the House stand at ease until the Joint Assembly, which was adopted.

Further proceedings were interrupted by the House standing at ease, the pending question being consideration of Amendment No. 1.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF JUDGES OF THE COURT OF APPEALS,
CIRCUIT COURT, AND FAMILY COURT

The Reading Clerk of the House read the following Concurrent Resolution:

S. 677 -- Senators Pope, Lourie, Martin and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 3, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS OF JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1989; AND TO ELECT SUCCESSORS FOR THE UNEXPIRED TERMS OF THE FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE AT-LARGE JUDGE OF THE CIRCUIT COURT, SEAT 6.

ELECTION OF COURT OF APPEALS JUDGES

The President announced that nominations were in order for Court of Appeals Judges, Seats 3 and 4.

Rep. J. ROGERS, on behalf of the Joint Screening Committee, nominated the Honorable Randall T. Bell, Seat 3, and the Honorable C. Tolbert Goolsby, Jr., Seat 4.

On motion of Rep. J. ROGERS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that the Honorable Randall T. Bell, Seat 3, and the Honorable C. Tolbert Goolsby, Jr., Seat 4, were duly elected for the terms prescribed by law.

ELECTION OF CIRCUIT COURT JUDGES

The President announced that nominations were in order for Circuit Court Judges in the Fifth, Seventh, Ninth, and Tenth Circuits.

Rep. J. ROGERS, on behalf of the Joint Screening Committee, nominated the Honorable J. Ernest Kinard, Jr., Fifth Circuit, the Honorable Jonathon Z. McKown, Seventh Circuit, the Honorable Richard E. Fields, Ninth Circuit, and the Honorable Tom J. Ervin, Tenth Circuit.

On motion of Rep. J. ROGERS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that the Honorable J. Ernest Kinard, Jr., Fifth Circuit, the Honorable Jonathon Z. McKown, Seventh Circuit, the Honorable Richard E. Fields, Ninth Circuit, and the Honorable Tom J. Ervin, Tenth Circuit, were duly elected for the terms prescribed by law.

ELECTION OF FAMILY COURT JUDGES

The President announced that nominations were in order for Family Court Judges in numerous circuits.

Rep. J. ROGERS, on behalf of the Joint Screening Committee, nominated the following candidates:

The Honorable Maxey G. Watson, Seat 1, First Judicial Circuit, the Honorable G. Larry Inabinet, Seat 2, Second Judicial Circuit, the Honorable Marion D. Myers, Seat 2, Third Judicial Circuit, the Honorable S. H. Belser, Seat 3, Third Judicial Circuit, the Honorable Benny R. Greer, Seat 2, Fourth Judicial Circuit, the Honorable Joseph A. Wilson, II, Seat 2, Fifth Judicial Circuit, the Honorable Berry L. Mobley, Seat 1, Sixth Judicial Circuit, the Honorable Clyde K. Laney, Jr., Seat 1, Seventh Judicial Circuit, the Honorable Thomas E. Foster, Seat 2, Seventh Judicial Circuit, the Honorable William J. Craine, Jr., Seat 1, Eighth Judicial Circuit, the Honorable William K. Charles, Seat 3, Eighth Judicial Circuit, the Honorable Robert R. Mallard, Seat 2, Ninth Judicial Circuit, the Honorable Wayne M. Creech, Seat 4, Ninth Judicial Circuit, the Honorable J. Frank McClain, Seat 1, Tenth Judicial Circuit, the Honorable H. Dean Hall, Seat 3, Tenth Judicial Circuit, the Honorable Jeff D. Griffith, Jr., Seat 2, Eleventh Judicial Circuit, the Honorable Marc H. Westbrook, Seat 3, Eleventh Judicial Circuit, the Honorable David G. Baroody, Seat 1, Twelfth Judicial Circuit, the Honorable A. E. More head, III, Seat 2, Twelfth Judicial Circuit, the Honorable Larry R. Patterson, Seat 1, Thirteenth Judicial Circuit, the Honorable R. Kinard Johnson, Jr., Seat 2, Thirteenth Judicial Circuit, the Honorable John T. Black, Seat 1, Fourteenth Judicial Circuit, the Honorable Donald A. Fanning, Seat 3, Fourteenth Judicial Circuit, the Honorable David Maring, Seat 1, Fifteenth Judicial Circuit, and the Honorable Samuel B. Mendenhall, Seat 2, Sixteenth Judicial Circuit.

On motion of Rep. J. ROGERS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

RECORDS FOR VOTING

Re "unanimous" election of Family Court Judges whose terms expire June 30, 1989 who are unopposed:

Because of my conviction that one of the Judges does not deserve our vote, I want the record to reflect that I abstain from voting for this motion.

Rep. DILL BLACKWELL

I cast a "no" for Judge Larry Patterson.

Rep. M.J. COOPER

Whereupon the President announced that the Honorable Maxey G. Watson, Seat 1, First Judicial Circuit, the Honorable G. Larry Inabinet, Seat 2, Second Judicial Circuit, the Honorable Marion D. Myers, Seat 2, Third Judicial Circuit, the Honorable S. H. Belser, Seat 3, Third Judicial Circuit, the Honorable Benny R. Greer, Seat 2, Fourth Judicial Circuit, the Honorable Joseph A. Wilson, II, Seat 2, Fifth Judicial Circuit, the Honorable Berry L. Mobley, Seat 1, Sixth Judicial Circuit, the Honorable Clyde K. Laney, Jr., Seat 1, Seventh Judicial Circuit, the Honorable Thomas E. Foster, Seat 2, Seventh Judicial Circuit, the Honorable William J. Craine, Jr., Seat 1, Eighth Judicial Circuit, the Honorable William K. Charles, Seat 3, Eighth Judicial Circuit, the Honorable Robert R. Mallard, Seat 2, Ninth Judicial Circuit, the Honorable Wayne M. Creech, Seat 4, Ninth Judicial Circuit, the Honorable J. Frank McClain, Seat 1, Tenth Judicial Circuit, the Honorable H. Dean Hall, Seat 3, Tenth Judicial Circuit, the Honorable Jeff D. Griffith, Jr., Seat 2, Eleventh Judicial Circuit, the Honorable Marc H. West brook, Seat 3, Eleventh Judicial Circuit, the Honorable David G. Baroody, Seat 1, Twelfth Judicial Circuit, the Honorable A. E. More head, III, Seat 2, Twelfth Judicial Circuit, the Honorable Larry R. Patterson, Seat 1, Thirteenth Judicial Circuit, the Honorable R. Kinard Johnson, Jr., Seat 2, Thirteenth Judicial Circuit, the Honorable John T. Black, Seat 1, Fourteenth Judicial Circuit, the Honorable Donald A. Fanning, Seat 3, Fourteenth Judicial Circuit, the Honorable David Maring, Seat 1, Fifteenth Judicial Circuit, and the Honorable Samuel B. Mendenhall, Seat 2, Sixteenth Judicial Circuit, were duly elected for the terms prescribed by law.

ELECTION OF A CIRCUIT COURT JUDGE,
AT LARGE, SEAT 6

The President announced that nominations were in order for a Circuit Court Judge, At Large, Seat 6.

Senator Lindsay nominated Rep. JAMES E. LOCKEMY as follows:

"Ladies and gentlemen....I was prepared to make a nominating speech for my friend, James Locke my. He is unopposed, though, since my friend, Vic has withdrawn. I know you don't want to hear a long nominating speech, but I am going to make it anyway. I will be brief. You know when a person is elected for the first time, even though he doesn't have opposition, we need to say something good about that individual, because it might be the last time we say anything good about him. All of you know James, certainly, in the Legislature. I'm purposely not going to take the time to read all this stuff that we wrote out, but I will say that James has been a very conscientious member of the House of Representatives since 1982. He is one of the hardest working people back home serving his constituents, that I have had the privilege of working with in my many years, since 1984, I think, serving over here. James has served in many capacities in Dillion. He was President of the Dillion Kiwannis Club, selected as one of the Outstanding Young Men of America in 1980, served in the Army, was in the Judge Advocate General's office and he is now a major in the South Carolina Army National Guard. I am going to dispense with the rest of it, other than just saying that he has been very active with the young people in Dillion county in their programs for athletics, and spiritual and moral matters in Dillion county. James is an outstanding citizen and it is a privilege for me to place his name in nomination to succeed another very able individual, Judge Kinon, who is retiring, and Mr. President, thank you for your indulgence on this occasion, but I think it was time somebody said something nice about James, and now, in the balcony, we have James' family, his lovely wife, one of his sons, his other son is taking an examination at The Citadel, and he decided that if his Daddy was going to be a judge, he better pass. I would also like to ask Kay Wren, James' personal secretary, Lori Ann McKenzie, Yvonne Sawyer, Terry W. Bryan, his sister, Margie Miller, Lise Ellerbe Hastes, his legal assistant, and Glenn Green, his law partner. I would also like to ask everyone from Dillion to be recognized. Thank you, Mr. President."

Rep. G. BAILEY, Rep. BARFIELD, on behalf of the Horry Delegation, and Rep. COOPER, on behalf of the Piedmont Delegation seconded the nomination of Rep. LOCKEMY.

Rep. J. ROGERS withdrew the name of A. Victor Rawl as a candidate.

On motion of Rep. BLACKWELL, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon the President announced that Rep. JAMES E. LOCKEMY was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE,
FOURTH CIRCUIT, SEAT 3

The President announced that nominations were in order for a Family Court Judge, Fourth Circuit, Seat 3.

Rep. J. ROGERS nominated Ms. Barbara Pearce Ohanesian of Bennettsville as follows:

"I now come to the podium, not as Chairman of the Screening Committee, but as the representative representing District 54 in Marlboro County, to nominate for the Family Court from the Fourth Judicial Circuit, not only my constituent, but my friend, fellow lawyer, but imminently qualified candidate, to be a Family Court Judge, Barbara Pearce Ohanesian. Barbara and her husband, Greg, came to Bennettsville in Marlboro County in 1972, as public school teachers. And I got to know them then as conscientious, civic-minded, hard-working teachers. Barbara, then was active in the St. Paul's Episcopal Church in Bennettsville, and has since that time, served in many capacities with her church, including representing St. Paul's at the Diocese, of I suppose, lower South Carolina, whatever the appropriate Diocese would be. She has been active in civic clubs in Bennettsville. She has been a lawyer with her husband in the firm of Ohanesian and Ohanesian, after they left Bennettsville, after teaching for a number of years, and went to law school together. Barbara was born in Florence. She grew up in Florence. Many of you are acquainted with her brother, Rocky Pearce, the mayor of Florence. But, she is, most of all, a feeling, caring lady, who would be a credit to the Bench of this State. Her husband has just entered upon his duties as an assistant solicitor of the Fourth Judicial Circuit. He has just completed, by the way, a most difficult case involving the very unfortunate murder of a highway patrolman in Dillion County, resulting in the issuance of the death penalty, and it has been a trying time for him, and his family, but he is a public servant and his wife, a public servant. I nominate Barbara because of her qualifications and because of her great feeling for people. She is a very bright, intelligent, charming lady. It amazes me to see how a person can come into this State House, as she did, beginning on the first day of this term. She has been here as much as you and I have been here. She has had a smile on her face all of the time. She has been pleasant all of the time. She has been warm and charming and friendly all of the time and I know I have not. I respect her for that. I nominate her to be a Family Court Judge of the Fourth Judicial Circuit very proudly and solicit your vote for her.

Reps. BEASLEY, HEARN, GLOVER, and Senators Gilbert, Rose, Leatherman, Lindsay, Martschink, and Leventis seconded the nomination of Ms. Ohanesian.

Senator Holland nominated Mr. James A. Spruill, III of Cheraw as follows:

"Mr. President, ladies and gentlemen of the Joint Assembly...40 years ago, in the early 50's, I had the pleasure of serving with a member of this Body, who went on to come one of the more astute jurist of this State, the Honorable James Spruill, II. Little did I know at that time, in those early years, that I would have the pleasure, almost 40 years later, of nominating his son to be a Family Court Judge in the Fourth Circuit. I was asked by the Chesterfield Delegation, of which I am a part, to do this, and I did it with open arms, because I remember his father, and I know him real well. I know the type of attorney he is and where he was trained and from whence he comes. James Spruill, III is a person that you would love to have with you in your business or represent you as your attorney. He has proven that, after his graduation from the University of South Carolina Cum Laude during the 1970's. He went on to serve here with Frank Taylor in Columbia as a member of the Bar. He made a move back to his hometown in Cheraw, where he is practicing the Family Court and general practice. I know of no greater pleasure that I've had in my many years of service with the General Assembly in South Carolina, both here, and across the way, than the pleasure given me today to nominate James Spruill. You have had the opportunity to see him. You have had the opportunity to talk to him. I feel, without any reciprocations, that he will make you one of the best Family Court Judges that you could possibly elect. It is my pleasure Mr. President to place his name in nomination."

Reps. J. HARRIS and KLAPMAN seconded the nomination of Mr. Spruill.

On motion of Rep. J.W. JOHNSON nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Ohanesian:

Fielding               Gilbert                Leatherman
Leventis               Lindsay                Martschink
Rose                   Shealy                 Smith, N.W.
Stilwell               Wilson

Total-11

The following named Senators voted for Mr. Spruill:

Bryan                  Courson                Helmly
Hinds                  Hinson                 Holland
Land                   Lee                    Lourie
Macaulay               Martin                 Matthews
McConnell              McGill                 McLeod
Moore                  Mullinax               O'Dell
Passailaigue           Patterson              Peeler
Pope                   Russell                Saleeby
Setzler                Smith, H.C.            Smith, J.V.
Thomas                 Waddell                Williams

Total-30

Rep. WALDROP asked unanimous consent that the House vote by electric roll call.

Rep. BURCH objected.

The Clerk of the House called the roll of the House and the Members voted viva voce as their names were called.

The following named Reps. voted for Ms. Ohanesian:

Bailey, J.             Bailey, K              Barber
Beasley                Blanding               Brown, J.
Brown, R.              Bruce                  Chamblee
Davenport              Elliott                Faber
Farr                   Ferguson               Foster
Glover                 Gregory                Harwell
Hearn                  Holt                   Jaskwhich
Keegan                 Keesley                Keyserling
Kirsh                  Kohn                   Limehouse
Littlejohn             Manly                  Martin, D.
McBride                McLeod                 Quinn
Rama                   Rogers, J.             Rogers, T.
Simpson                Smith                  Taylor
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Williams, D.

Total-47

The following named Reps. voted for Mr. Spruill:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Barfield               Baxley
Bennett                Boan                   Brown, G.
Brown, H.              Burch                  Burriss, M.D.
Carnell                Clyborne               Cole
Cooper                 Cork                   Corning
Fair                   Fant                   Felder
Gentry                 Hallman                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hendricks              Hodges
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Klapman                Koon
Lanford                Mappus                 Martin, L.
Mattos                 McAbee                 McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rhoad
Rudnick                Sharpe                 Sheheen
Short                  Snow                   Stoddard
Sturkie                Townsend               Wilder
Wilkes                 Wilkins                Williams, J.
Winstead               Wofford                Wright

Total-69
RECAPITULATION

Total Number of Senators voting     41
Total Number of Representatives voting     116
Grand Total     167

Necessary to a choice     79

Of which Ms. Ohanesian received     68

Of which Mr. Spruill received     99

Whereupon the President announced that Mr. James A. Spruill, III having received a majority of the votes cast was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:44 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3994 -- Reps. Taylor, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, McBride, Quinn, T. Rogers and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF RODNEY YOUNG, A NATIVE OF ROCK HILL IN YORK COUNTY AND MORE RECENTLY OF COLUMBIA, WHO DIED IN THE TRAGIC ACCIDENT ABOARD THE USS IOWA.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.


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