South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

THURSDAY, JANUARY 30, 1992

Thursday, January 30, 1992
(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:

Holy God, thank You for this day and for all Your creations to make it beautiful. Open our eyes and ears to the blessings that we too often take for granted. Teach us how to live gratefully. We especially pray for these leaders in State government. Give to all the wisdom and understanding to make wise decisions that effect so many. Protect, guide, and inspire us granting vision, compassion and commitment. Sustain us by the assurance that Your presence transcends our frustrations and limitations.

Give us ears to hear and minds to understand the words of the Psalmist: "The Lord of hosts is with us; the God of Jacob is our Refuge". 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.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

REGULATION WITHDRAWN

The following was received.

Document No. 1389
Promulgated By Commissioners of Pilotage Port of Charleston.
Harbor Pilots
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Withdrawn January 30, 1992.

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4042 -- Rep. Holt: A BILL TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND TO PROVIDE THAT CURRENT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT.

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.

INTRODUCTION OF BILLS

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

H. 4307 -- Reps. Hodges and Meacham: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXES, SO AS TO EXTEND THE EXEMPTION ALLOWED ON A MOTOR VEHICLE OWNED BY A DISABLED VETERAN OR PERSON REQUIRED TO USE A WHEELCHAIR TO A LEASED MOTOR VEHICLE.

Referred to Committee on Ways and Means.

H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

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

H. 4309 -- Reps. Boan, Barber, Mattos, Kinon, Kirsh, Rogers, McKay, White, J.W. Johnson, Klapman, Holt, Felder, McTeer, H. Brown, P. Harris, Keyserling, Quinn, McAbee, D. Elliott, Foster, McCraw, J. Harris, Carnell and McGinnis: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT OF SWORN LAW ENFORCEMENT OFFICERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

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

Rep. J. BROWN objected.

Referred to Committee on Ways and Means.

H. 4310 -- Reps. Chamblee, Koon and Waldrop: A BILL TO AMEND SECTION 47-13-1350 AND 47-13-1370, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA SHOTS, SO AS TO CHANGE THE TIME REQUIRED FOR A NEGATIVE REACTION TO THIS SHOT FROM SIX TO TWELVE MONTHS BEFORE A HORSE MAY BE BROUGHT INTO THE STATE AND FOR HORSES BROUGHT INTO A PUBLIC ASSEMBLY OF HORSES.

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

H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.

Referred to Committee on Judiciary.

H. 4312 -- Reps. Koon, Sturkie, McLeod and McAbee: A BILL TO AMEND SECTION 12-43-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PORTION OF THE STATE AID TO SUBDIVISIONS DISTRIBUTION BE WITHHELD FROM COUNTIES FAILING TO ADOPT APPROPRIATE EQUALIZATION AND REASSESSMENT PROGRAMS, SO AS TO EXTEND THE REQUIREMENT TO MUNICIPALITIES, SCHOOL DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS, AND TO UPDATE REFERENCES; TO AMEND SECTION 12-43-280, AS AMENDED, RELATING TO THE ONE PERCENT LIMIT ON TOTAL PROPERTY TAX INCREASE AS A RESULT OF EQUALIZATION AND ASSESSMENT, SO AS TO REVISE THE LIMIT INTO A FOUR PERCENT MAXIMUM INCREASE IN THE MILLAGE OVER THE PREVIOUS YEAR'S MILLAGE RATE OR A FOUR PERCENT MAXIMUM INCREASE IN THE MILLAGE OVER THE BASE MILLAGE RATE IN REASSESSMENT YEARS, AND TO PROVIDE THE METHOD FOR CALCULATING THE BASE MILLAGE RATE, TO REQUIRE THE TAX COMMISSION TO MONITOR COMPLIANCE WITH THIS LIMIT AND PROHIBIT THE LEVYING OF TAX UNTIL THE COMMISSION CERTIFIES COMPLIANCE, AND REQUIRE ITEMIZATION OF INCREASES ALLOWED ABOVE THE BASE MILLAGE; AND TO REPEAL SECTION 12-43-290, RELATING TO EXEMPTIONS FROM THE FORMER ONE PERCENT LIMIT ON TAX COLLECTION INCREASES ATTRIBUTABLE TO REASSESSMENT.

Referred to Committee on Ways and Means.

H. 4313 -- Reps. Sturkie, Koon, Riser and Wright: A BILL TO AMEND SECTION 12-43-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MILLAGE INCREASES ALLOWED FOLLOWING REASSESSMENT IN A COUNTY, SO AS TO PROVIDE A MAXIMUM INCREASE OF TWO PERCENT IN REVENUES THAT MAY BE RAISED BY A MILLAGE LEVIED TO PAY FOR THE INCREASED COST OF EXISTING SERVICES.

Referred to Committee on Ways and Means.

H. 4314 -- Reps. Jaskwhich, Mattos, Cato, Vaughn, M.O. Alexander and Haskins: A BILL TO AMEND SECTION 61-3-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE LOCATION OF BUSINESSES SELLING ALCOHOLIC LIQUOR WITHIN THREE HUNDRED OR FIVE HUNDRED FEET OF CERTAIN BUILDINGS OR AREAS, SO AS TO INCLUDE LIBRARIES AND DEFINE THE TERM.

Referred to Committee on Labor, Commerce and Industry.

H. 4315 -- Reps. Waites, Corning, Rogers, McElveen, Harrison, Quinn and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY UNDER CERTAIN CONDITIONS MAY DECREASE THE TAX MILLAGE LEVIED AGAINST ANY REAL PROPERTY WHICH HAS BEEN DAMAGED BY NATURAL DISASTER OR CHEMICAL CONTAMINATION.

Referred to Committee on Ways and Means.

H. 4316 -- Reps. Rudnick, R. Young, Rama and Waites: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

Referred to Committee on Judiciary.

H. 4317 -- Rep. Fulmer: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO REQUIRE AN ELECTION ON ANNEXATION IF ONE OR MORE RESIDENT FREEHOLDERS OBJECTS AND FIFTY PERCENT OF THE ASSESSED VALUATION IS COMMERCIAL OR UNDEVELOPED AND REQUIRE NOTICE OF THE FILING OF A PETITION TO FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE ANNEXED.

Referred to Committee on Judiciary.

H. 4318 -- Rep. Fulmer: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO PROVIDE THAT THE AREA REQUESTING ANNEXATION MAY INCLUDE RESIDENTIAL PROPERTY OR COMMERCIAL OR UNDEVELOPED PROPERTY, NOT BOTH.

Referred to Committee on Judiciary.

H. 4319 -- Rep. Fulmer: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO REQUIRE NOTICE OF THE FILING OF A PETITION TO FREEHOLDERS OWNING PROPERTY IN THE AREA PROPOSED TO BE ANNEXED AND IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA PROPOSED TO BE ANNEXED.

Referred to Committee on Judiciary.

H. 4320 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-1875 SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAMS AND DEFENSIVE DRIVING COURSES IN VOCATIONAL SCHOOLS; TO AMEND SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS, AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTIONS 56-1-80 AND 56-1-390, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF LICENSES AND PERMITS, SO AS TO REQUIRE DRIVER EDUCATION AND TRAINING PROGRAM OR DEFENSIVE DRIVING COURSE CERTIFICATION FOR CERTAIN PERSONS; TO AMEND SECTION 56-5-6540, RELATING TO THE ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO DELETE THE REQUIREMENT OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS BEFORE A CITATION MAY BE MADE FOR THE FAILURE TO WEAR A SAFETY BELT; TO AMEND SECTION 56-23-60, RELATING TO THE MINIMUM STANDARDS AND CONDITIONS OF OPERATION OF LICENSED DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE SCHOOLS TO FOLLOW THE GUIDELINES ESTABLISHED BY THE STATE BOARD OF EDUCATION FOR DRIVER EDUCATION AND TRAINING PROGRAMS; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE 59, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO PROVIDE FOR THE PROGRAMS TO INCLUDE PERSONS AT LEAST SIXTEEN YEARS OF AGE INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS AND PERSONS NOT ENROLLED IN SCHOOLS, REQUIRE FEES FOR PARTICIPANTS, REQUIRE STUDENTS AT LEAST SIXTEEN YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE RECEIVING A DRIVER'S LICENSE, PROVIDE FOR THE STATE BOARD OF EDUCATION TO ESTABLISH GUIDELINES FOR THE PROGRAMS, AND PROVIDE THE MINIMUM REQUIREMENTS OF THE PROGRAMS.

Referred to Committee on Education and Public Works.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

On motion of Rep. McABEE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4322 -- Reps. Wilkins and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL NOMINATING COMMISSION AND TO ESTABLISH ITS POWERS AND DUTIES; TO AMEND SECTIONS 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO PROVIDE FOR SCREENING BY THE JUDICIAL NOMINATING COMMISSION; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THEY BE APPOINTED BY THE GOVERNOR INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE APPOINTMENT TO FILL A VACANCY; 14-5-110, RELATING TO THE QUALIFICATION OF CIRCUIT COURT JUDGE, SO AS TO PROVIDE FOR THE APPOINTMENT; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR AND SCREENING BY THE JUDICIAL NOMINATING COMMISSION; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGE, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL NOMINATING COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

Referred to Committee on Judiciary.

H. 4323 -- Reps. Wilkins and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL NOMINATION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Referred to Committee on Judiciary.

H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 4325 -- Rep. Snow: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

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

H. 4308--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. L. ELLIOTT, with unanimous consent, it was ordered that H. 4308 be read the second time tomorrow.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Delleney
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Hyatt                  Inabinett              Jaskwhich
Jennings               Johnson, J.W.          Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McAbee                 McCraw                 McElveen
McGinnis               McKay                  McLeod
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Riser                  Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shirley                Shissias               Smith
Snow                   Stoddard               Stone
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 30.

Tim Rogers                        Dick Elliott
Douglas McTeer                    Ralph Canty
Thomas N. Rhoad                   Lenoir Sturkie
Total Present--120

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, January 30.

Alex Harvin, III

LEAVES OF ABSENCE

The SPEAKER granted Reps. RHOAD and HENDRICKS a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.

R. 259, H. 3834--GOVERNOR'S VETO RECEIVED
AND DEBATE ADJOURNED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 29, 1992
The Honorable Robert J. Sheheen
Speaker of the House
Room 506, Blatt Building
Columbia, South Carolina 29211
Dear Mr. Speaker:

I am returning without my signature H. 3834 (R-259), the reapportionment Plan for the South Carolina House of Representatives.

I and my staff have carefully examined the districts that the House has drawn and have had extensive discussions with affected Representatives as well as representatives of minority groups concerning this plan. At the present time, the South Carolina House has 124 Representatives. During elections in the 1980's, racial minorities constituted a majority in 27 of the districts. From my review of the legislative debate, it became clear to me that more districts in which racial minorities comprise an effective majority could have been drawn. Alternative plans containing such proposals were introduced and defeated along racial and partisan lines. I think this action of the legislature was motivated by a desire to keep incumbents in office at the expense of fairer minority representation. This is an unwise public policy.

Upon reviewing the objection letters from the United States Department of Justice concerning certain reapportionment plans in New York, Virginia, Georgia, North Carolina, Texas and Louisiana, I am convinced that the Justice Department would not preclear this plan as provided under Section 5 of the Voting Rights Act. Rather than delay the elections unnecessarily, I am returning this legislation in hopes that the House will remedy the following defects:

1. This Plan fails to create additional minority districts:

It appears that lines could have been drawn in such a manner that minorities would have an equal opportunity to participate in elections and elect candidates of their choice. Several alternative plans which achieved this result were offered to the House but summarily rejected. These alternative plans created up to eight additional minority districts including:

A. An additional minority district in the Columbia area.

B. An additional minority district in the Charleston area.

C. An additional minority district in the Greenville area.

D. An additional minority district in Beaufort County.

E. An additional minority district in the Colleton-Hampton County area.

F. An additional minority district in Georgetown County.

G. An additional minority district in McCormick and Greenwood Counties.

2. Reducing minority populations in existing minority districts

There has been noticeable retrogression in certain minority districts, particularly in District 70 in Richland County and District 23 in Greenville County. Upon review of the House Plan, there was a reduction of minority districts with a black population of 60% or more, from 15 districts under current law to 13 districts in the House Plan.

3. Fracturing of minority populations to benefit white incumbents at the expense of the creation of electable minority districts:

There are many areas of the State where minority districts could be created. Instead these minority voting populations are fractured rather than combined to create effective minority districts as required under Federal law. The most obvious areas of fractured minority voting include the following districts:

A. Districts 67 and 64 in Clarendon and Sumter Counties fracture minority voters to create a marginal minority district.

B. Districts 70 and 80 in Richland County fracture minority voters in Bluff precinct which results in retrogression in a minority district to benefit a white incumbent in District 80.

C. In Districts 72 and 73 in Richland County minority precincts are fractured to the benefit of a white incumbent in District 72 and resulting in one less minority district in Richland County.

D. Districts 93, 95, 96 and 66 fracture minority voters resulting in one less minority district.

E. Districts 108 and 103 fracture minority voters to create two ineffective districts rather than one effective minority district.

F. Districts 120-124 fracture minority voters resulting in a submergence of two minority districts.

G. Districts 109-118 fracture minority populations to benefit two white incumbents in Districts 118 and 110 rather than creating a minority district in this area.

H. Districts 41 and 43 fracture minority voters to benefit two white incumbents rather than create an effective minority district.

I. Districts 11, 12, 13 fracture minority voters to benefit three white incumbents rather than to create a minority district.

J. Districts 25, 24, and 28 fracture minority voters to benefit white incumbents rather that creating a minority district in District 25.

K. Districts 82, 39, and 81 fracture minority population rather than create a minority district.

L. Districts 60, 61, 65, 59, and 56 fracture minority populations to benefit white incumbents rather than creating two additional minority districts.

M. Districts 9, 7 and 6 fracture minority populations to benefit white incumbents rather than creating one marginal minority district.

N. Districts 50, 68, 51, and 67 fracture minority populations to benefit white incumbents rather than creating effective minority districts.

By closely scrutinizing the House Plan, it appears minority districts were intentionally not drawn in order to further some political purpose -- either to bolster existing voting strength of an incumbent or to shift the balance of political power in a county legislative delegation.

I have little choice but to veto the House Reapportionment Bill. If I were to do otherwise, it would be viewed as approval of a plan that violates principles established under Federal constitutional and statutory law. I am taking this action because I am convinced the General Assembly and the Governor have an obligation to create a reapportionment plan in compliance with Federal law. The Justice Department and the Federal Courts should not have to reapportion the legislature.

When my veto is sustained, I welcome the opportunity to discuss these specific changes in the legislation which address my concerns in an equitable manner. This discussion should include leadership of the House and Senate as well as with representatives of those minority groups that have expressed concern about the plans adopted by the House and Senate. I look forward to signing legislation that meets the requirements of Federal Law.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. HODGES moved to adjourn debate upon the veto until Wednesday, February 5.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that under Rule 8.3 no dilatory motion shall be entertained by the Speaker.

The SPEAKER overruled the Point of Order.

POINT OF ORDER

Rep. HASKINS raised a Point of Order under Rule 8.11 and requested to make brief remarks on the motion to adjourn debate.

The SPEAKER stated that there would not be short remarks on the motion to adjourn debate and he overruled the Point of Order.

Rep. KOON moved to table the motion to adjourn debate.

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

Yeas 40; Nays 75

Those who voted in the affirmative are:

Baker                  Beasley                Brown, H.
Bruce                  Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Fair
Fulmer                 Gonzales               Hallman
Harrison               Haskins                Hendricks
Huff                   Jaskwhich              Keegan
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
Meacham                Quinn                  Rama
Riser                  Sharpe                 Shissias
Vaughn                 Wells                  Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--40

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, G.
Brown, J.              Burch, K.              Byrd
Canty                  Carnell                Chamblee
Cromer                 Delleney               Elliott, D.
Elliott, L.            Farr                   Felder
Foster                 Gentry                 Glover
Harrelson              Harris, J.             Harris, P.
Harwell                Hodges                 Holt
Houck                  Hyatt                  Inabinett
Jennings               Johnson, J.W.          Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Manly                  Martin, D.
Martin, M.             Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McTeer                 Neilson
Phillips               Rogers                 Ross
Rudnick                Scott                  Sheheen
Shirley                Smith                  Snow
Stoddard               Taylor                 Townsend
Tucker                 Waites                 Waldrop
Whipper                White                  Wilder
Wilkes                 Williams, D.           Williams, J.

Total--75

So, the house refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate until Wednesday, February 5, 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. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.

H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.

H. 3996--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3996 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO PROVIDE FOR THE REGULATION OF A CREDIT SERVICES ORGANIZATION AND PROVIDE PENALTIES FOR VIOLATION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12058.DW), which was adopted.

Amend the bill, as and if amended, in Section 39-6-30(6), as contained in SECTION 1, page 4, line 6, by striking /Secretary of State/ and inserting /Department of Consumer Affairs/ so that when amended Section 36-6-30(6)shall read:

/(6)     advertise, or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Department of Consumer Affairs unless otherwise provided by this chapter./

Amend further in Section 36-6-40, page 4, lines 14, 17, and 42, by striking /Secretary of State/ and inserting /Department of Consumer Affairs/; on page 4, line 25, by striking /maintain an action-at-law/ and inserting /bring an action/; on page 4, line 38, by striking /amount/ and inserting /account/ on page 5, line 1, by striking /Secretary of State/ and inserting /Department of Consumer Affairs/ and on page 4, line 9, by striking /36-6-40/ and inserting /39-6-40/ so that when amended new Section 39-6-40 shall read:

/Section 39-6-40.     (A)     This section applies to a credit services organization required by Section 39-6-30(1) to obtain a surety bond or establish a surety account.

(B)     If a bond is obtained, a copy of it must be filed with the Department of Consumer Affairs. If a surety account is established, notification of the depository, the trustee, and the account number must be filed with the Department of Consumer Affairs.

(C)     The bond or surety account required must be in favor of the State for the benefit of any person who is damaged by a violation of this chapter. The bond or surety account also must be in favor of a person damaged by the violation.

(D)     A person claiming against the bond or surety account for a violation of this chapter may bring an action against the credit services organization and against the surety or trustee. The surety or trustee is liable only for damages awarded under Section 39-6-90(A) and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of this chapter may not exceed the amount of the surety account or bond.

(E)     The bond or the surety account must be in the amount of ten thousand dollars.

(F)     A depository holding money in a surety account under this chapter may not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the Department of Consumer Affairs indicating that Section 39-6-50(F) has been satisfied in relation to the account. The Department of Consumer Affairs may conduct investigations and require submission of information as necessary to enforce this subsection./

Amend further in Section 39-6-50, page 5, lines 7, 38, and 40 by striking /Secretary of State/ and inserting /Department of Consumer Affairs/ so that when amended Section 39-6-50 shall read:

/Section 39-6-50.     (A)     A credit services organization shall file a registration statement with the Department of Consumer Affairs before conducting business in this State. The registration statement must contain:

(1)     the name and address of the credit services organization; and

(2)     the name and address of a person who, directly or indirectly, owns or controls ten percent or more of the outstanding shares of stock in the credit services organization.

(B)     The registration statement also must contain either:

(1)     a full and complete disclosure of a litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization; or

(2)     a notarized statement that states that there has been no litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization.

(C)     The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs.

(D)     Each credit services organization registering under this section shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.

(E)     The Department of Consumer Affairs may charge each credit services organization that files a registration statement with the Department of Consumer Affairs a reasonable fee not to exceed one hundred dollars to cover the cost of filing. The Department of Consumer Affairs may not require a credit services organization to provide information other than that provided in the registration statement.

(F)     The bond or surety account must be maintained until two years after the date that the credit services organization ceases operations./

Amend further in Section 39-6-130, page 9, by striking beginning with /A/ on line 24 and ending with /misdemeanor/ on line 26 and inserting /A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, is punishable under the provisions of Section 17-25-30./ so that when amended Section 39-6-130 shall read:

/Section 39-6-130.     A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, is punishable under the provisions of Section 17-25-30./

Amend title to conform.

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.

MOTION NOTED

Rep. HODGES moved to reconsider the vote whereby debate was adjourned on the Veto R. 259, H. 3834, and the motion was noted.

H. 3447--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\436\12065.AL), which was adopted.

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

/SECTION     1.     Section 23-11-110 of the 1976 Code is amended to read:

"Section 23-11-110.     (A) All sheriffs in this State must have the following qualifications:

(1)     be a citizen of the United States;

(2)     be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3)     be a registered voter;

(4)     have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office;

(5)     have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience in the criminal justice field as a certified police officer, or a two year associate degree and three years' experience as a certified law enforcement officer, or a four year baccalaureate degree and one year experience as a certified law enforcement officer;

(6)     have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony in this State or another state; and

(7)     be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the records search to be filed with the appropriate political party no later than the close of qualification.

(B)     Each A person offering his candidacy for the office of sheriff shall, within sixty days prior to before or at the time he qualifies, shall:

(1)     file with the clerk of court appropriate political party a certified copy of his birth certificate, a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education, or and an affidavit that he has had at least five years' experience in the criminal justice field as a certified police officer, or a two year associate degree and three years' experience as a certified law enforcement officer, or a four year baccalaureate degree and one year experience as a certified law enforcement officer;

(2)     swear or affirm before the clerk of court an officer of the appropriate political party that he has met all of the qualifications required by this section.

(C)     After December 31, 1988, every newly elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any A newly elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly elected sheriffs. Any A newly elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction.

(D)(1)     After December 31, 1988, no person is eligible to hold the office of sheriff unless he attends a minimum of twenty hours' training annually as may be selected by the South Carolina Sheriffs' Association.

(2)     The basis for the minimum annual requirement of in-service training is the calendar year. Sheriffs A sheriff who satisfactorily complete completes the basic course of training in accordance with the provisions of this section after April first in any calendar year are is excused from the minimum annual training requirement for the calendar year during which the basic course is completed.

(3)     A waiver of the requirement of minimum annual in-service training may be granted by the board of directors of the South Carolina Sheriffs' Association, at its discretion, upon the presentation of evidence by a sheriff that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.

(4)     Any A sheriff who fails to complete the minimum annual in-service training required under this section may be suspended from office, without pay, by the Governor for a period of ninety days. The Governor may continue to suspend a sheriff until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the sheriff's suspension, a suitable person to perform as acting sheriff during the period of suspension.

(E) Any A sheriff holding office on the effective date of this section is exempt from the provisions in this section except for the provisions of subsection (D) of this section."

SECTION     2.     This act takes effect July 1, 1993./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. KLAPMAN asked unanimous consent that H. 3447 be read a third time tomorrow.

Rep. G. BROWN objected.

ORDERED TO THIRD READING

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

H. 3946 -- Rep. Quinn: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

Rep. WILKINS explained the Bill.

H. 4293 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1375, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 984--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12027.DW), which was adopted.

Amend the bill, as and if amended, in Section 4-3-100 of the 1976 Code, as contained in SECTION 3, page 7, lines 23 through 25, by striking /thence from the ordinary high-water line of the eastern bank of the Ashley River/ and inserting /thence from said point/; on page 7, line 42, by inserting after /boundary/ /of/; on page 8, line 6, by striking /the/; on page 9, lines 31 through 37, by striking /thence northeastward following the old Halfway Creek Road to its intersection with Lincoln Road; thence southward following Lincoln Road to its intersection with the center line of Wambaw Creek; thence eastward following the center line of Wambaw Creek to the center line of the South Santee River/ and inserting /thence northeastward following the center line of the old Halfway Creek Road to its intersection with the center line of Lincoln Road; thence southward following the center line of Lincoln Road to its intersection with the center line of Wambaw Creek; thence eastward following the center line of Wambaw Creek to its intersection with the center line of the South Santee River;/ and on page 10, line 6, by striking /latitude 32_ 30' 47.711 N,/ and inserting /32_ 30' 57.711" N,/ so that when amended Section 4-3-100 shall read:

/Section 4-3-100.     Charleston County is bounded as follows: by a line beginning opposite the mouth of the South Edisto River, where it empties into the Atlantic Ocean, and following up the center of said river to the point where the Dorchester County line intersects the Edisto River; thence eastwardly along the center line of the Parker's Ferry Road to the intersection with Rantowles Creek; thence northerly up Rantowles Creek to its intersection with the Dorchester County line; thence along said line to a point of intersection with the property of Charles H. P. Duell (Middleton Gardens); thence along the eastern boundary of the property of Charles H. P. Duell (Middleton Gardens) to the eastern bank of the Ashley River; thence down said river to a point on the eastern bank of the Ashley River 472' west of the point where Saw Pit Creek enters said Ashley River; thence from the eastern bank of the Ashley River on a true bearing of N 22 38' 39" E along a ditch on the east boundary of Archdale Hall Subdivision and on for a total distance of 248.61 chains to a concrete monument marked 'CHAS/DOR'; thence on a true bearing of N 42 15' 31" W to a point of intersection with the property line of Monroe E. and Winifred J. Hartzog; thence northeasterly 800 ft. along the property line of Monroe E. and Winifred J. Hartzog to a point of intersection with the property of James C. and Mary Palmer; thence southeasterly along the property line of James C. and Mary Palmer for 406 ft.; thence northeasterly to a point on the north side of Highway #S10-1120; thence easterly along the north boundary of Highway #S10-1120 to the intersection of Ladson Rd. (S10-76); thence along the northwesterly boundary of Ladson Rd. (S10-76) to the intersection of Ladson Rd. (S10-76) and the Lincolnville Rd. (S10-881); thence in a northwesterly direction, a distance of 9,700 ft. along the southwesterly boundary of the Lincolnville Rd. (S10-881) to a point; thence southwesterly 5,400 ft. to a point; thence northwesterly a distance of 550 ft. to a point; thence southwesterly 600 ft. to a point on the proposed county line; thence in a northwesterly direction on a true bearing of N 42 15' 31" W to a point in the center of Saw Mill Branch; 51.1 chains southwest of the southwestern right-of-way line of the Southern Railway (measured in a straight line); thence from this point along the run of Saw Mill Branch to the southeastern right-of-way line of Richardson Avenue; thence from this point southeasterly along Richardson Ave. to the intersection of Richardson and Owens Rd.; thence northeasterly on the eastern boundary of Challedon and Meadowbrook Subdivisions to a point on the north side of East Third St. North; thence northwesterly a distance of 1,200 ft. to a point; thence northeasterly to a point on the north side of 5th North (US #78); thence along the north boundary of 5th North (US #78) to a point, thence southwesterly a distance of 325 ft. to a point; thence southeasterly a distance of 379 ft. to a point; thence northeasterly a distance of 325 ft. to a point on the north side of 5th North (US #78); thence a distance of approximately 760 ft. to a point; thence in a northeasterly direction a distance of 1,500 ft. along the property line of the real estate of John Finucan and Maggie F. Peters to a point at which the northeastern corner of Dorchester County Intersects with Berkeley and Charleston Counties; thence Section 50 20' E to intersection of eastern right-of-way line of United States Route No. 78, a distance of 83.9 chains; then southeastwardly along the southeastern right-of-way line of United States Route No. 78 to intersection of the south right-of-way line of the Ladson Rd., a distance of 259.1 chains; thence eastwardly along the southern line of the Ladson Road to its intersection with the eastern boundary of Elms Tract, now owned by Goose Creek Land Company; thence southwardly along the eastern boundary of said tract to its intersection with the run of Goose Creek; thence with the run of Goose Creek, in an eastwardly direction, to its intersection with the western right-of-way of the Atlantic Coast Line Railroad; thence southwardly along the western right-of-way line of the Atlantic Coast Line Railroad to its intersection with the south right-of-way line of Remount Rd.; thence eastward by a direct line to the mouth of Goose Creek on the western bank of the Cooper River; thence southwardly along the Cooper River to the intersection with the Wando River; thence along the Wando River in a northeastwardly direction to the mouth of Guerin's Creek; thence northeastwardly along Guerin's Creek to intersection with the Guerin Bridge Rd.; thence northwardly along the Guerin Bridge Rd. to intersection with Halfway Creek Rd.; thence northeastwardly along Halfway Creek Rd. to Thompson Rd. and southerly along Thompson Rd. to intersection of run of Wambaw Creek; thence along the run of Wambaw Creek, eastwardly to South Santee River; thence down the South Santee River to the Atlantic Ocean to the line of jurisdiction of the State; thence southwardly along the line of jurisdiction of the State to a point opposite the mouth of the South Edisto River, the point of beginning. Charleston County is bounded as follows: by a line originating at a point at latitude 32_ 30' 57.711" N, longitude 80_ 16' 35.854" W (North American Datum 1983) at the mouth of Jeremy Inlet; thence westward from said point following the center lines of Scott Creek and Big Bay Creek; thence northwestward on a straight line extending the center line of Big Bay Creek to a point at latitude 32_ 30' 00.676" N and longitude 80_ 21' 09.844" W (North American Datum 1983) in the South Edisto River; thence northward from said point following the center lines of the South Edisto River and the Edisto River to the point where the Dorchester County line intersects the center line of the Edisto River; thence eastward following the Dorchester County line to the center line of Secondary State Highway 10-317 or 18-317 (Parker's Ferry Road); thence eastward following the center line of Secondary State Highway 10-317 or 18-317 (Parker's Ferry Road) to its intersection with the center line of Rantowles Creek; thence northward following the center line of Rantowles Creek to its intersection with the Dorchester County line; thence following said line to its intersection with the property of Charles H. P. Duell (Middleton Gardens); thence following the eastern boundary of the property of Charles H. P. Duell (Middleton Gardens) to the ordinary high-water line on the eastern bank of the Ashley River; thence following the ordinary high-water line on the eastern bank of said river to a point on the ordinary high-water line of the eastern bank of the Ashley River 472 ft. west of the point where Sawpit Creek enters the Ashley River; thence from said point on a true bearing of N 22_ 38' 39" E along a ditch on the eastern boundary of Archdale Hall subdivision and onward for a total distance of 248.61 chains to a concrete monument marked 'CHAS/DOR'; thence on a true bearing of N 42_ 15' 31" W to a point of intersection with the property line of Monroe E. and Winifred J. Hartzog; thence northeastward 800 ft. following the property line of Monroe E. and Winifred Hartzog to a point of intersection with the property line of James C. and Mary Palmer; thence southeastward following the property line of James C. and Mary Palmer for 406 ft. _; thence northeastward to a point on the north side of Secondary State Highway S10-1120 (Jamison Road); thence eastward following the northern boundary of Secondary State Highway S10-1120 (Jamison Road) to its intersection with the northwestern boundary of Secondary State Highway S10-76 (Ladson Road); thence following the northwestern boundary of Secondary State Highway S10-76 (Ladson Road) to the intersection of the northwestern boundary of Secondary State Highway S10-76 (Ladson Road) and the southwestern boundary of Secondary State Highway S10-881 (Lincolnville Road); thence northwestward, a distance of 9,700 ft. _ following the southwestern boundary of Secondary State Highway S10-881 (Lincolnville Road) to a point; thence southwestward 5,400 ft. _ to a point; thence northwestward 550 ft. _ to a point; thence southwestward 600 ft. _ to a point; thence northwestward on a true bearing of N 42_ 15' 31" W to the center line of Sawmill Branch, 51.1 chains southwest of the southwestern right-of-way line of the Norfolk Southern Corporation (measured in a straight line); thence from this point following the center line of Sawmill Branch to its intersection with the southeastern right-of-way line of Richardson Avenue; thence from this point southeastward along the southeastern right-of-way of Richardson Avenue to its intersection with Owens Road; thence northeastward following the eastern boundaries of Challedon and Meadowbrook subdivisions to a point on the north side of East Third Street North; thence northwestward a distance of 1,200 ft. _ to a point; thence northeastward to a point on the north side of U.S. Highway 78 (5th North); thence southeastward following the northern boundary of U.S. Highway 78 (5th North) to a point; thence southwestward a distance of 325 ft. _ to a point; thence southeastward a distance of 379 ft. _ to a point; thence northeastward a distance of 325 ft. _ to a point on the north side of U.S. Highway 78 (5th North); thence a distance of approximately 760 ft. _ to a point; thence northeastward a distance of 1,500 ft. _ following the property line of the real estate of John Finucan and Maggie F. Peters to a point at which the northeastern corner of Dorchester County intersects with Berkeley and Charleston counties; thence S 50_ 20' E to intersection with the eastern right-of-way line of U.S. Highway 78, a distance of 83.9 chains; thence southeastward following the southeastern right-of-way line of U.S. Highway 78 to its intersection with the southern right-of-way line of the S.C. Highway S10-76 (Ladson Road), a distance of 259.1 chains; thence eastward following the southern right-of-way line of S.C. Highway S10-76 (Ladson Road) to its intersection with the eastern boundary of the Elms Tract, now owned by the Goose Creek Land Company; thence southward following the eastern boundary of said tract to its intersection with the center line of Goose Creek; thence eastward following the center line of Goose Creek to its intersection with the western right-of-way line of the CSX Corporation; thence southward following said western right-of-way line to its intersection with the southern right-of-way line of Secondary State Highway S-8-13 (Remount Road); thence eastward by a straight line to its intersection with the center line of Goose Creek at its mouth; thence following a line with a true azimuth of 147_ (bearing of S 33_ E) to the center line of the Cooper River; thence southward following the center line of the Cooper River to its intersection with the center line of the Wando River; thence northeastward following the center line of the Wando River to its intersection with the center line of Guerin's Creek; thence northeastward following the center line of Guerin's Creek to its intersection with the center line of Secondary State Highway 98 (Guerin Bridge Road); thence northward following the center line of Secondary State Highway 98 (Guerin Bridge Road) to its intersection with the center line of the old Halfway Creek Road; thence northeastward following the center line of the old Halfway Creek Road to its intersection with the center line of Lincoln Road; thence southward following the center line of Lincoln Road to its intersection with the center line of Wambaw Creek; thence eastward following the center line of Wambaw Creek to its intersection with the center line of the South Santee River; thence southeastward following the center line of the South Santee River to a point at latitude 33_ 06' 59.743" N, longitude 79_ 16' 50.003" W (North American Datum 1983) in the South Santee River; thence southwestward on a straight line to a point at latitude 33_ 05' 55.943" N, longitude 79_ 17' 42.847" W (North American Datum 1983); thence southeastward on a true azimuth of 145_ (bearing of S 35_ E) to the Territorial Sea boundary; thence southwestward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 145_ (bearing of S 35_ E) extending from a point at latitude 32_ 30' 57.711" N, longitude 80_ 16' 35.854" W (North American Datum 1983) at the mouth of Jeremy Inlet; thence northwestward on said line from the Territorial Sea boundary to said point at the mouth of Jeremy Inlet, the point of origin."

Amend further in Section 4-3-150 of the 1976 Code, as contained in SECTION 4, page 10, lines 39 and 40, by striking /N and longitude/ and inserting /N, longitude/ and on page 11, line 23, by striking /Bamberg-Colleton/ and inserting /Bamberg/ so that when amended Section 4-3-150 shall read:

/Section 4-3-150.     Colleton County is bounded as follows: on the north and east by Bamberg County and by the Edisto River separating it from Charleston and Dorchester Counties; on the south by the Atlantic Ocean, Saint Helena Sound, and Combahee River separating it from Beaufort and Hampton Counties; on the west by Beaufort County from which it is separated by Saint Helena Sound the center of the sound being the line, and Combahee River, and by Hampton County from which it is separated by Combahee and Big Salkehatchie Rivers, and by Bamberg County. Where streams are boundaries of Colleton County the line shall be the center of the main run. Colleton County is bounded as follows: by a line originating at a point where the center line of the Big Salkehatchie River intersects the Bamberg County line; thence northeastward by its various courses following the Bamberg County line to its intersection with the center line of the Edisto River; thence southeastward and eastward following the center line of the Edisto River to its intersection with the center line of the South Edisto River; thence southward by the center line of the South Edisto River to a point at latitude 32_ 30' 00.676" N, longitude 80_ 21' 09.844" W (North American Datum 1983); thence southeastward from said point following a straight line extending to the center line of Big Bay Creek; thence eastward by the center lines of Big Bay Creek and Scott Creek to a point at latitude 32_ 30' 57.711" N, longitude 80_ 16' 35.854" W (North American Datum 1983) at the mouth of Jeremy Inlet; thence from said point following a line with a true azimuth of 145_ (bearing of S 35_ E) to the Territorial Sea boundary; thence southwestward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 115_ 30' (bearing of S 64_ 30' E) extending from a point at latitude 32_ 29' 06.078" N, longitude 80_ 28' 36.683" W (North American Datum 1983) at the mouth of the Coosaw River; thence northwestward on said line from the Territorial Sea boundary to said point at the mouth of the Coosaw River; thence westward following the center line of the Coosaw River to its intersection with the center line of the Combahee River; thence northwestward following the center line of the Combahee River to its intersection with the center line of the Big Salkehatchie River; thence northwestward following the center line of the Big Salkehatchie River to a point where said line intersects the Bamberg County line, the point of origin."

Amend further in Section 4-3-310 of the 1976 Code, as contained in SECTION 6, page 14, line 25, by striking /Carolina until it intersects the center/ and inserting /Carolina to its intersection with the center/ so that when amended Section 4-3-310 shall read:

/Section 4-3-310.     Horry County is bounded as follows: on the southeast by the Atlantic Ocean, a line of 31 miles; on the northeast by the North Carolina line, beginning at a cedar stake (marked with nine notches) on the seashore of Goat Island, about 11/4 miles east of the mouth of Little River, and running from thence until it intersects Lumber River, about 51/4 miles to the east of Newsom's Ferry; on the northwest, west and southwest by Dillon, Marion and Georgetown Counties from which it is separated as follows: by Lumber River to Little Pee Dee River; thence by Little Pee Dee River to its junction with Great Pee Dee River; thence by Great Pee Dee River to its junction with Bull Creek; thence by said creek to the Waccamaw River, and down this river to a point about half a mile below Prince's Creek; and thence by a line running over to a cedar post on the seashore N. 86.5 E. 5 miles and 67 chains. Horry County is bounded as follows: by a line originating at the point where the boundary line between South Carolina and North Carolina intersects the center line of the Lumber River; thence southwestward following the center line of the Lumber River to its intersection with the center line of the Little Pee Dee River; thence southwestward and southeastward following the center line of the Little Pee Dee River to its intersection with the center line of the Great Pee Dee River; thence southeastward following the center line of the Great Pee Dee River to its intersection with the center line of Bull Creek; thence southeastward following the center line of Bull Creek to its intersection with the center line of the Waccamaw River; thence southward following the center line of the Waccamaw River to a point at latitude 33_ 34' 22.623" N, longitude 79_ 06' 03.848" W (North American Datum 1983) in the Waccamaw River; thence eastward following a straight line to a point at latitude 33_ 34' 21.602" N, longitude 79_ 00' 06.564" W (North American Datum 1983) on the seashore; thence on a true azimuth of 126_ (bearing of S 54_ E) to the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with the seaward boundary between South Carolina and North Carolina; thence northwestward following the seaward boundary between South Carolina and North Carolina on a line as described by monuments located at latitude 33_ 51' 50.7214" N, longitude 78_ 33' 22.9448" W (NC-SC Granite Marker #2); latitude 33_ 51' 36.4626" N, longitude 78_ 33' 06.1937" W (NC-SC Granite Marker #1); and latitude 33_ 51' 07.8792" N, longitude 78_ 32' 32.6210" W (Bird Island-NC-SC Boundary 1977) (North American Datum 1927); thence northwestward following the boundary line between South Carolina and North Carolina to its intersection with the center line of the Lumber River, the point of origin."

Amend further in Section 4-3-320 of the 1976 Code, as contained in SECTION 7, page 16, lines 36 and 38, by striking /right-of-way/ and inserting /right of way/ and on page 17, line 7, by striking /32_ 27' 1.235"/ and inserting /32_ 27' 01.235"/ so that when amended Section 4-3-320 shall read:

/Section 4-3-320.     Jasper County is bounded as follows: beginning at a point in the Savannah River, where the township line between Lawton and Goethe township on one side and Robert and Coosawhatchie on the other in Hampton County intersects the South Carolina-Georgia State line; thence with said line between said townships to its intersection with Coosawhatchie River; thence down the said run of Coosawhatchie River with its various courses to its junction with Tulefinnie River; thence down the same with its various courses to its intersection with the western side of the right of way of the Atlantic Coast Line Railroad Company; thence up said western side of right of way to its intersection with Pocataligo River; thence down the same with its various courses to its junction with Broad River; thence down the same with its various courses to a pine tree X 3 N. on Belia Point on the south side of Coles Creek; thence a straight line to the median line of Hazards Back Creek opposite Boland Hall; thence down said creek to its junction with Eutaw Creek; thence down said creek and through the nearest waterways to a point on Manigaults Neck where the land line dividing the land now or formerly owned by the Chelsea Club from the land now or formerly owned by Fripp intersect said creek or waterway; thence with said land line to its intersection with the Fripp public road; thence down Jasper County side of the said Fripp public road to its intersection with the Hazel road; thence westerly along the Jasper County side of said Hazel road to its intersection with a public road at or near Hazel Episcopal Church; thence westerly along the Jasper County side of said public road to its intersection with the Charleston and Savannah turnpike; thence the Jasper County side of the said turnpike to a point opposite its intersection with the southern boundary line of the land now or formerly owned by the Okeetee Club; thence across said road to said boundary line; thence with said line in a westerly direction to a corner where said land line turns in a northeasterly direction; thence on said line in a northeasterly direction with said line three fourths of a mile; thence a straight line with said line westerly to a point where the said boundary line of said Okeetee Club land intersects the former county line of Hampton and Beaufort Counties; thence with said county line in a southwesterly direction to its intersection with the northeasterly boundary of the Savannah and Augusta public road; thence in a southeasterly direction with said northeasterly boundary of the Savannah and Augusta public road to its intersection with the Charleston and Savannah public road; thence down the westerly boundary of the said Savannah and Augusta public road with its various courses and distances to a point on said road two miles from the east bank of the Savannah River at Screvens Ferry; thence S. 60 W. a straight line to its intersection with the South Carolina-Georgia State line; thence with said South Carolina-Georgia State line with its various courses and distances to the beginning point. Said county is hereby named Jasper, and the county seat thereof is hereby established in the town of Ridgeland.

And in addition to said boundaries Jasper County includes the land formerly in Beaufort County, which was annexed to Jasper County in 1950 by act of the General Assembly (Acts 1950, p. 2332), described as lying west of New River and the run of Great Swamp known as and constituting Yemassee township.

Part of the old Charleston and Savannah turnpike line, between Hazel road and the southern boundary of said Okeetee Club property is hereby transferred to and made a part of Beaufort County. Jasper County is bounded as follows: by a line originating at a point in the Savannah River, where the township line between Lawton and Goethe townships on one side and Robert and Coosawatchie townships on the other in Hampton County intersects the South Carolina-Georgia state line; thence northeastward following said line between said townships to its intersection with the center line of the Coosawahatchie River; thence southeastward following the center line of the Coosawhatchie River to its intersection with the center line of the Tulifinny River; thence southeastward following the center line of the Tulifinny River to its intersection with the western side of the right of way of the CSX Corporation's railroad track; thence northeastward following the western side of said right of way to its intersection with the center line of the Pocotaligo River; thence southeastward following the center line of the Pocotaligo River to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of Boyd Creek; thence westward following the center line of Boyd Creek to its intersection with the center line of Coles Creek; thence by its various courses following the center line of Coles Creek to its intersection with a straight line having a true azimuth of 15_ (bearing of N 15_ E) extending from a point at latitude 32_ 27' 01.235" N, longitude 80_ 50' 30.835" W (North American Datum 1983) on Belia Point on the south side of Coles Creek; thence southwestward following said line to said point; thence southwestward following a straight line from said point to the center line of Euhaw Creek opposite Bolon Hall; thence following the center line of Euhaw Creek to its intersection with the center line of Hazzard Creek; thence following the center line of Hazzard Creek and through the nearest waterways following their center lines to a point on Manigaults Neck where the land line dividing the land now or formerly owned by the Chelsea Club from the land now or formerly owned by Fripp intersect the center line of said creek or waterway; thence following said land line to its intersection with the Fripp public road; thence following the Jasper County side of the said Fripp public road to its intersection with the Hazel road; thence westward following the Jasper County side of said Hazel road to its intersection with a public road at or near Hazel Episcopal Church; thence westward following the Jasper County side of said public road to its intersection with the Charleston and Savannah turnpike; thence following the Jasper County side of the said turnpike to a point opposite its intersection with the southern boundary line of the land now or formerly owned by the Okeetee Club; thence across said road to said boundary line; thence westward following said line to the center line of the New River; thence southeastward following the center line of the New River to a point at latitude 32_ 04' 47.542" N, longitude 80_ 52' 44.958" W (North American Datum 1983) at the mouth of the New River; thence southeastward on a true azimuth of 135_ (bearing of S 45_ E) to the seaward boundary of South Carolina and Georgia; thence westward along the seaward boundary of South Carolina and Georgia to the Savannah River and continuing northwestward up the Savannah River along the South Carolina-Georgia boundary in the Savannah River to the point of origin./

Amend further in Section 22-2-190(7) of the 1976 Code, as contained in SECTION 8, page 19, line 38, by inserting between /Sheldon/ and /and/ /1, 2,/; on page 20, line 18, by inserting between /Bluffton/ and /and/ /1, 2, 3,/; on page 21, line 25, by striking /northward on a line with a true azimuth of 0_ (bearing of N) to a/ and inserting /northward on a straight line to a/; on page 21, lines 42 and 43, by striking /Hilton Head 1, 2, 3, 4, and 5/ and inserting /Hilton Head 1, 2, 3, 4A, 4B, 5A, 5B, 6A, 6B, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 15B/; on page 22, lines 22, 23, and 24, by striking /southward on a line with a true azimuth of 180_ (bearing of S) to a/ and inserting /southward on a straight line to a/ on page 23, lines 2, 3, and 4, by striking /Burton 2, Burton 3, Mossy Oaks 1, Mossy Oaks 2, Port Royal, and Seabrook precincts/ and inserting /Burton 2A, 2B, 2C, Burton 3, Mossy Oaks 1A, 1B, Mossy Oaks 2, Port Royal 1, 2, and Seabrook 1, 2, 3 precincts/; on page 23, lines 27, 28, and 29, by striking /St. Helena 2, Lady's Island 1A, and 1B precincts/ and inserting /St. Helena 2A, 2B, 2C, and Lady's Island 1A, 1B, 2A, 3A precincts/ so that when amended Section 22-2-190(7) shall read:

"Section 22-2-190(7).     Beaufort County: Sheldon--Comprised of Sheldon and Dale Lobeco precincts and defined as follows: Beginning at the intersection of Hampton County line and Colleton County line--southeast meandering along the county line in the Combahee River to intersection of county line in the Combahee River and Coosaw River--west along the high-water mark on the northern side of the Coosaw River to intersection of Whale Branch and Coosaw River--west along the high-water mark on the northern side of Whale Branch to intersection of county line in the Broad River--north along the county line in the Broad River to the intersection of Hampton County line--northeast along county line and center of railroad track to the point of origin. Bluffton--Comprised of the Bluffton and Chechessee precincts. Daufuskie--Comprised of the lands above the high-water mark on Daufuskie Island. Hilton Head--Comprised of Hilton Head 1, 2, 3, 4, and 5 precincts and defined as follows: Beginning at the northernmost point of Hilton Head Island--south along the high-water mark on the western side of Port Royal Sound to the extension of the intersection with State Highway No. 333--east across Port Royal Sound to the southernmost point of Bay Point Island--extending south from said point at Bay Point Island to three-mile limit in the Atlantic Ocean--to three-mile limit from the southernmost point of Hilton Head Island (Braddock Point) northeast along the high-water mark on the eastern side of Calibogue Sound to its intersection with Skull Creek--northeast along the high-water mark on the eastern side of Skull Creek to the point of origin. Beaufort--Comprised of Beaufort 1A, 1B, Beaufort 2, Beaufort 3, Burton 1A, 1B, Burton 2, Burton 3, Mossy Oaks 1, Mossy Oaks 2, Port Royal, and Seabrook precincts and defined as follows: Beginning at the county line on the Broad River west of the southernmost point of Barnwell Island--east from county line to the high-water mark on the northern side of Whale Branch--continuing east on northern side of high-water mark of Whale Branch to intersection of high-water mark on the northern side of the Coosaw River--south from Coosaw River along the high-water mark on the eastern side of the Beaufort River to the southernmost point of Bay Point Island--west across Port Royal Sound to the intersection of the extension of State Highway No. 333 and the high-water mark on the western side of Port Royal Sound--northwest along the high-water mark on the western side of Port Royal Sound to the northernmost point of Hilton Head Island--north from said point across Port Royal Sound to the southernmost point of Daws Island--north along the high-water mark on the western side of Broad River to the point of origin. St. Helena--Comprised of St. Helena 1A, 1B, St. Helena 2, Lady's Island 1A, and 1B precincts and defined as follows: Beginning at the intersection of the high-water mark of the northern side of the Coosaw River and Whale Branch--east along the high-water mark of the northern side of the Coosaw River to the intersection of the county line lying in the Coosaw River and the Combahee River--south along county line to the three-mile limit in the Atlantic Ocean--from the three-mile limit extending off the southernmost point of Bay Point Island--north from said point along the high-water mark on the eastern side of the Beaufort River to the point of origin. Beaufort County:
Sheldon -             Comprised of Sheldon 1, 2, and Dale Lobeco precincts and bounded as follows: by a line beginning at the intersection of the Beaufort-Jasper County line and the Beaufort-Hampton County line; thence northeastward following the Beaufort-Hampton County line to its intersection with the Beaufort-Colleton County line; thence southeastward following the Beaufort-Colleton County line until its intersection with the center line of the Coosaw River; thence westward following the center line of the Coosaw River to its intersection with the center line of Whale Branch; thence westward following the center line of Whale Branch to its intersection with the Beaufort-Jasper County line; thence northward following the Beaufort-Jasper County line to its intersection with the Beaufort-Hampton County line, the point of origin.
Bluffton -             Comprised of Bluffton 1, 2, 3, and Chechessee precincts and bounded as follows: by a line beginning at the intersection of the center line of Ramshorn Creek and the Beaufort-Jasper County line; thence northward by is various courses following the Beaufort-Jasper County line to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of the Chechessee River in Port Royal Sound; thence westward following the center line of the Chechessee River to its intersection with the center line of Skull Creek; thence southwestward following the center line of Skull Creek to its intersection with the center line of Mackay Creek; thence southward following the center lines of Mackay Creek and Calibogue Sound to the intersection of the center line of Calibogue Sound and the center line of the Cooper River; thence southwestward following the center line of the Cooper River to its intersection with the center line of Ramshorn Creek; thence southwestward following the center line of Ramshorn Creek to its intersection with the Beaufort-Jasper County line, the point of origin.
Daufuskie -         Comprised of Daufuskie precinct and bounded as follows: by a line beginning at the intersection of Ramshorn Creek and the Beaufort-Jasper County line; thence southeastward following the Beaufort-Jasper County line to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 135_ (bearing of S 45_ E) extending from a point at latitude 32_ 06' 21.943" N, longitude 80_ 49' 59.395" W (North American Datum 1983) offshore from the mouth of Calibogue Sound; thence northwestward on said line to said point offshore from the mouth of Calibogue Sound; thence northward on a straight line to a point at latitude 32_ 07' 14.232" N, longitude 80_ 49' 59.394" W (North American Datum 1983) at the mouth of Calibogue Sound; thence northeastward following the center line of Calibogue Sound to its intersection with the center line of the Cooper River; thence southwestward following the center line of the Cooper River to its intersection with the center line of Ramshorn Creek; thence southwestward following the center line of Ramshorn Creek to its intersection with the Beaufort-Jasper County line, the point of origin.
Hilton Head-     Comprised of Hilton Head 1, 2, 3, 4A, 4B, 5A, 5B, 6A, 6B, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 15B precincts and bounded as follows: by a line beginning at the intersection of the center lines of the Broad and Beaufort Rivers in Port Royal Sound (defined as latitude 32_ 14' 53.111" N and longitude 80_ 39' 23.397" W (North American Datum 1983); thence northwestward following the center line of the Broad River to its intersection with the center line of the Chechessee River in Port Royal Sound; thence westward following the center line of the Chechessee River to its intersection with the center line of Skull Creek; thence southwestward following the center line of Skull Creek to its intersection with the center line of Mackay Creek; thence southward following the center lines of Mackay Creek and Calibogue Sound to a point at latitude 32_ 07' 14.232" N, longitude 80_ 49' 59.394" W (North American Datum 1983) at the mouth of Calibogue Sound; thence southward on a straight line to a point at latitude 32_ 06' 21.943" N, longitude 80_ 49' 59.395" W (North American Datum 1983) offshore from the mouth of Calibogue Sound; thence southeastward from said point following a line with a true azimuth of 135_ (bearing of S 45_ E) to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 149_ (bearing of S 31_ E) extending from the intersection of the center lines of the Broad and Beaufort Rivers in Port Royal Sound to the Territorial Sea boundary; thence northwestward on said line to said point in Port Royal Sound, the point of origin.
Beaufort -             Comprised of Beaufort 1A, 1B, Beaufort 2, Beaufort 3, Burton 1A, 1B, Burton 2A, 2B, 2C, Burton 3, Mossy Oaks 1A, 1B, Mossy Oaks 2, Port Royal 1, 2, and Seabrook 1, 2, 3 precincts and bounded as follows: by a line beginning at the intersection of the center lines of the Broad and Beaufort Rivers (defined as latitude 32_ 14' 53.111" N and longitude 80_ 39' 23.397" W (North American Datum 1983) in Port Royal Sound; thence northward following the center line of the Beaufort River to its intersection with the center line of Brickyard Creek; thence northward following the center line of Brickyard Creek to its intersection with the center line of Whale Branch at the head of the Coosaw River; thence westward following the center line of Whale Branch to its intersection with the center line of the Broad River; thence southeastward following the center line of the Broad River to its intersection with the center line of the Beaufort River in Port Royal Sound, the point of origin.
St. Helena-         Comprised of St. Helena 1A, 1B, St. Helena 2A, 2B, 2C, and Lady's Island 1A, 1B, 2A, 3A precincts and bounded as follows: by a line beginning at the intersection of the center lines of the Broad and Beaufort Rivers in Port Royal Sound (defined as latitude 32_ 14' 53.111" N and longitude 80_ 39' 23.397" W (North American Datum 1983); thence northward following the center line of the Beaufort River to its intersection with the center line of Brickyard Creek; thence northward following the center line of Brickyard Creek to its intersection with the center line of Whale Branch at the head of the Coosaw River; thence eastward following the center line of the Coosaw River to its intersection with the Beaufort-Colleton County line; thence southeastward following the Beaufort-Colleton County line to its intersection with the Territorial Sea boundary; thence southwestward following the Territorial Sea boundary to its intersection with a line having a true azimuth of 149_ (bearing of S 31_ E) extending from the intersection of the center lines of the Broad and Beaufort Rivers in Port Royal Sound to the Territorial Sea boundary; thence northwestward on said line to said point in Port Royal Sound, the point of origin./

Amend further in Section 22-2-190(26) of the 1976 Code, as contained in SECTION 12, page 39, line 17, by striking /inland/ and inserting /Inland/ so that when amended Section 22-2-190(26) shall read:

/(26)     Horry County No. 1--Port Harrelson, Toddville, Pawley's Swamp, Cedar Grove, Brownway, Juniper Bay, North Conway, East Conway, West Conway, Jamestown, Race Path, Four Mile, Homewood, Adrian, Maple, White Oak, Hickory Grove, Shell, Red Hill, Salem, Inland No. 2--Rehobeth, Galivants Ferry, Aynor, Mill Swamp, Cool Springs, Dog Bluff, Jordanville, Horry No. 3--Floyds, Spring Branch, Taylorsville, Pleasant View, Mt. Olive No. 4--Green Sea, Norton, Jerigan's Cross Roads No. 5--East Loris, Sweet Home, Ebenezer, Leon, Daisey, Mt. Vernon, Red Bluff, West Loris No. 6--Socastee, Marlowe, Surfside Beach, Coastal Lane, Dunes, Jet Port, Myrtle Wood, Ocean Forest, Garden City, Briarcliff Acres No. 7--Little River, Nixon's Cross Roads, Wampee, Cherry Grove, Ocean Drive, Crescent Beach, Windy Hill Beach, Tilly Swamp, Dogwood, Brooksville, Atlantic Beach No. 8--Bayboro, Joyner Swamp, Poplar Hill, Live Oak, Gurley, Allsbrook, Hickory Hill.
Horry County
No. 1 - Comprised of Port Harrelson, Toddville, Pawley's Swamp, Cedar Grove, Brownway, Juniper Bay, North Conway 1, North Conway 2, East Conway, West Conway, Jamestown, Race Path 1, Race Path 2, Four Mile, Homewood, Adrian, Maple, White Oak, Hickory Grove, Shell, Red Hill 1, Red Hill 2, Salem, and Inland precincts.
No. 2 - Comprised of Methodist Rehobeth, Galivants Ferry, Aynor, Mill Swamp, Cool Springs, Dog Bluff, Jordanville, and Horry precincts.
No. 3 - Comprised of Floyds, Spring Branch, Taylorsville, Pleasant View, and Mt. Olive precincts.
No. 4 - Comprised of Green Sea, Norton, and Jerigan's Cross Roads precincts.
No. 5 - Comprised of East Loris, Sweet Home, Ebenezer, Leon, Daisey, Mt. Vernon, Red Bluff, and West Loris precincts.
No. 6 - Comprised of Socastee 1, Socastee 2, Socastee 3, Marlowe, Surfside Beach 1, Surfside Beach 2, Surfside Beach 3, Surfside Beach 4, Coastal Lane 1, Coastal Lane 2, Dunes 1, Dunes 2, Dunes 3, Jet Port, Myrtle Wood 1, Myrtle Wood 2, Myrtle Wood 3, Ocean Forest 1, Ocean Forest 2, Ocean Forest 3, Garden City 1, Garden City 2, Garden City 3, Sea Oats 1, and Sea Oats 2 precincts, and including that area of the Territorial Sea encompassed by a line originating at the point where the boundary line between Dunes 3 and Windy Hill precincts intersects the mean high tide line on the seashore; thence southeastward following a line with a true azimuth of 126_ (bearing of S 54_ E) to its intersection with the Territorial Sea boundary; thence southwestward following the Territorial Sea boundary to its intersection with the Horry-Georgetown County line; thence northwestward following the Horry-Georgetown County line to a point at latitude 33_ 34' 21.602" N, longitude 79_ 00' 06.564" W (North American Datum 1983) on the seashore, the point where the southern boundary of the Garden City 2 precinct intersects the mean high tide line at the seashore.
No. 7 - Comprised of Little River, Nixon's Cross Roads, Wampee, Cherry Grove, Ocean Drive 1, Ocean Drive 2, Crescent Beach, Windy Hill, Tilly Swamp, Dogwood, Brooksville, and Atlantic Beach precincts, and including that area of the Territorial Sea encompassed by a line originating at the point where the boundary line between Windy Hill and Dunes 3 precincts intersects the mean high tide line on the seashore; thence southeastward following a line with a true azimuth of 126_ (bearing of S 54_ E) to its intersection with the Territorial Sea boundary; thence northeastward following the Territorial Sea boundary to its intersection with the seaward boundary of South Carolina and North Carolina; thence northwestward following the seaward boundary of South Carolina and North Carolina to its intersection with the mean high tide line on the seashore of Bird Island, where the northern boundary of Cherry Grove precinct intersects the mean high tide line at the seashore.
No. 8 - Comprised of Bayboro, Joyner Swamp, Poplar Hill, Live Oak, Gurley, Allsbrook, and Hickory Hill precincts./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

POINT OF ORDER

Rep. J. BAILEY raised the Point of Order that the objections of Rep. McCain on H. 3741 and H. 3236 were out of order as he was no longer a member of the House.

The SPEAKER sustained the Point of Order and ordered the objections removed from the Bills.

H. 3741--OBJECTIONS

Rep. R. YOUNG withdrew his objection to the following Bill whereupon an objection was raised by Rep. RAMA.

H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

H. 3603--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3603 -- Reps. Waites and Kinon: A BILL TO AMEND SECTION 27-18-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOLDING OF INTANGIBLE PROPERTY FOR THE OWNER BY A COURT, STATE, OR OTHER GOVERNMENT, SO AS TO INCREASE FROM ONE TO FIVE YEARS THE HOLDING TIME FOR PROPERTY BEFORE IT IS DECLARED ABANDONED.

Rep. WILKINS explained the Senate amendment.

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.

S. 984--RECONSIDERED

Rep. HARRELSON moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to.

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

SENT TO THE SENATE

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

H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.

MOTION PERIOD

Rep. QUINN moved to recall H. 3666 from the Ways and Means Committee.

Rep. BOAN moved to table the motion.

As a first substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period.

As a second substitute Rep. CORNING moved to recall H. 3866 from the Judiciary Committee.

Rep. ROGERS moved to table the motion.

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

Yeas 63; Nays 39

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Anderson
Bailey, J.             Barber                 Baxley
Boan                   Brown, G.              Brown, J.
Burch, K.              Byrd                   Carnell
Cork                   Delleney               Elliott, D.
Elliott, L.            Farr                   Foster
Gentry                 Glover                 Hallman
Harris, J.             Harris, P.             Harwell
Hodges                 Holt                   Houck
Inabinett              Jennings               Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Manly
Martin, D.             Martin, M.             McCraw
McLeod                 McTeer                 Neilson
Nettles                Phillips               Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Shirley
Snow                   Stoddard               Taylor
Townsend               Tucker                 Waites
Waldrop                Whipper                White
Wilder                 Wilkes                 Williams, D.

Total--63

Those who voted in the negative are:

Baker                  Beasley                Brown, H.
Bruce                  Canty                  Cato
Chamblee               Cooper                 Corbett
Corning                Fair                   Fulmer
Gonzales               Harrison               Haskins
Huff                   Hyatt                  Jaskwhich
Keegan                 Lanford                Littlejohn
Marchbanks             Martin, L.             McGinnis
McKay                  Meacham                Quinn
Rama                   Riser                  Sharpe
Shissias               Smith                  Stone
Vaughn                 Wells                  Wofford
Wright                 Young, A.              Young, R.

Total--39

So, the motion to table was agreed to.

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

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

ADJOURNMENT

At 10:50 A.M. the House in accordance with the motion of Rep. PHILLIPS adjourned to meet at 10:00 A.M. tomorrow.

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