South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, JANUARY 28, 1993

Thursday, January 28, 1993
(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:

We thank You, Heavenly Father, for Your promise to be with us in every circumstance and condition of life: both when the sun shines upon us and when the shadows surround us. If we should walk in the path of darkness, teach us patience; or in the path of desperation, increase our faith; or in the path of despair, endow us with endurance. Cause us always to know that our destination is determined more by our inner attitude than by our outer circumstances.

At all times, enable us to hear clearly the words of the Prophet Isaiah: "Be of good courage and He shall strengthen Your heart, all you that hope in the Lord." (Isaiah 31:24) 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.

REPORT RECEIVED

The report of the Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse was received and will be printed in the Senate Journal on Friday, January 29.

MOTION ADOPTED

Rep. HARRELL moved that when the House adjourns, it adjourn in memory of Mr. Norman Walthall Shepard of Charleston, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

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

INTRODUCTION OF BILLS

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

H. 3288 -- Rep. Fair: A BILL TO AMEND SECTION 61-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND SECTION 61-13-290, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO PROVIDE FOR REVOCATION OF A LICENSE FOR A VIOLATION OF SECTION 61-13-290.

Referred to Committee on Labor, Commerce and Industry.

H. 3289 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "CLAIMANT AGENCY" TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES WHEN THESE ORGANIZATIONS SUBMIT CLAIMS ON BEHALF OF THEIR MEMBERS; AND TO AMEND SECTION 12-54-460, AS AMENDED, RELATING TO SETOFF PROCEDURES, SO AS TO DELETE THE EXEMPTION OF INTERNAL REVENUE SERVICE CLAIMS FROM THE ADMINISTRATIVE FEE.

Referred to Committee on Ways and Means.

H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.

Referred to Committee on Judiciary.

H. 3291 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Robinson, Cato, A. Young, Marchbanks, Meacham, Haskins, Wilkins, D. Wilder, Wells and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO MAKE IT UNLAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF ONE ONE-HUNDREDTHS OF ONE PERCENT OR GREATER BY WEIGHT OF ALCOHOL, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THAT THOSE PERSONS HAVE GIVEN THEIR IMPLIED CONSENT TO CERTAIN TESTS TO DETERMINE THE ALCOHOL CONTENT OF THEIR BLOOD, TO PROVIDE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE TESTS MUST BE ADMINISTERED, AND TO PROVIDE FOR CERTAIN SUSPENSIONS OF THE DRIVING PRIVILEGES OF THOSE PERSONS WHO REFUSE TO TAKE TESTS OR WHOSE BLOOD ALCOHOL CONTENT, AS A RESULT OF THE TESTS, IS ONE ONE-HUNDREDTHS OF ONE PERCENT OR GREATER.

Referred to Committee on Judiciary.

H. 3292 -- Reps. Fair, Snow, Simrill, Fulmer, Cato, Gamble, Stone, Meacham, A. Young, Wilkins, Haskins, Wells and Clyborne: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF THE BLOOD OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD USED TO CREATE PRESUMPTIONS WHICH MUST BE USED IN DETERMINING THE GUILT OF PERSONS VIOLATING THE PROVISIONS OF SECTION 56-5-2930 AND PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.

Referred to Committee on Judiciary.

H. 3293 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Stuart, Cato, Robinson, Haskins, Wells, Clyborne, A. Young, Cromer, Wilkins, Marchbanks, D. Wilder, Stone, Meacham, J. Wilder and Spearman: A BILL TO AMEND SECTION 56-5-2950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN THE OPERATOR OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN A DEATH MUST HAVE A TEST PROVIDED BY THIS SECTION ADMINISTERED TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN HIM.

Referred to Committee on Judiciary.

H. 3294 -- Reps. Fair, Simrill, Snow, Fulmer, Gamble, Stuart, A. Young, Robinson, Marchbanks, Cato, Stone, Meacham, Wilkins and D. Wilder: A BILL TO AMEND SECTION 56-1-746, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF PERSONS CONVICTED OF CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES, SO AS TO PROVIDE THAT THE LICENSE OF A PERSON ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM ON BEING CHARGED WITH ONE OF THESE OFFENSES MUST BE SUSPENDED AS IF THE PERSON WAS CONVICTED AND TO REQUIRE THE CIRCUIT SOLICITOR TO REPORT THE PERSON'S ACCEPTANCE INTO THE PROGRAM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Judiciary.

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

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

H. 3296 -- Reps. Lanford, Cooper, Corning, Chamblee, Marchbanks, Wells, G. Bailey, Littlejohn, Rhoad, D. Smith, Robinson, Allison, Hutson, Farr and H. Brown: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL, SO AS TO ALLOW AS A DEDUCTION THE AMOUNT PAID BY THE TAXPAYER/NONCUSTODIAL PARENT AS CHILD SUPPORT.

Referred to Committee on Ways and Means.

H. 3297 -- Reps. Wilkins, White, R. Smith, Townsend, Canty, Keegan, Cobb-Hunter, Jennings, McElveen, Baxley, Moody-Lawrence, Mattos, Law, Kirsh, Govan, Richardson, Rogers, Kelley, Witherspoon, Allison, H. Brown, Beatty, Kinon, A. Young, D. Wilder, Simrill, Stone, Whipper, Wells, Stoddard, Robinson, Breeland, Delleney, Harwell, G. Bailey, Wofford, Corning, Huff, Gamble, Riser, Haskins, Thomas, Walker, Neal, Shissias, Cooper, Meacham, Stille, Williams, Tucker, Sharpe, Clyborne, Stuart, Cato, Byrd, Littlejohn, Fair, Graham, J. Brown, Spearman, Keyserling, Waldrop, Scott, T.C. Alexander, McTeer and Hallman: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.

Referred to Committee on Judiciary.

H. 3300 -- Reps. Neilson, Davenport, Elliott, Harwell, White, Byrd, Neal, Hines, Breeland and Canty: A BILL TO AMEND SECTION 59-26-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHER EXAMINATION, EVALUATION, AND CERTIFICATION SO AS TO PROVIDE THAT A TEACHER WITH SEVENTEEN OR MORE YEARS OF TEACHING EXPERIENCE IS EXEMPT FROM CERTIFICATION RENEWAL REQUIREMENTS.

Referred to Committee on Education and Public Works.

H. 3301 -- Reps. Neilson, Hines, Davenport, Canty, Harwell, Moody-Lawrence, Byrd, A. Young and Riser: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 14 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF STATE EMPLOYEES, TO REQUIRE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, AND TO PROVIDE PROCEDURES FOR THE CONFIDENTIALITY, RELIABILITY, AND FAIRNESS OF THIS DRUG TESTING.

Referred to Committee on Judiciary.

H. 3302 -- Reps. Neilson, Hines, Davenport, Sharpe, R. Young, Byrd, Williams, Worley, Witherspoon, Klauber and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER OF REAL PROPERTY CLASSIFIED AS AGRICULTURAL PROPERTY TO NOTIFY THE BUYER IN WRITING BEFORE COMPLETION OF CLOSING THAT THE PROPERTY MAY BE SUBJECT TO ROLLBACK TAX AND TO PROVIDE THAT FAILURE TO MAKE THE REQUIRED NOTIFICATION RENDERS THE SELLER LIABLE TO THE PURCHASER FOR THE AMOUNT OF THE ROLLBACK TAX.

Referred to Committee on Ways and Means.

H. 3303 -- Reps. Neilson, J. Brown, R. Smith, G. Brown, Rudnick, Davenport, Elliott, Harwell, Hines, Byrd, Kinon, Breeland, Neal, Canty and Corning: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET REGARDING THE LEVEL OF STATE CONTRIBUTION TO EACH SCHOOL DISTRICT UNDER THE PROVISIONS OF THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO THIRTY YEARS' EXPERIENCE AND PROVIDE THAT THIS SCHEDULE BE PHASED IN BASED ON A DETERMINATION MADE EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Referred to Committee on Education and Public Works.

H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.

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

H. 3305 -- Reps. Corning, Cato, Walker, Jaskwhich, Richardson, Meacham and Neal: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR FAILURE TO WEAR A SAFETY BELT, SO AS TO DELETE THE PROHIBITION AGAINST A LAW ENFORCEMENT OFFICER STOPPING A DRIVER IN THE ABSENCE OF ANOTHER VIOLATION AND TO INCREASE THE MAXIMUM FINE TO TWENTY-FIVE DOLLARS.

Referred to Committee on Education and Public Works.

H. 3306 -- Reps. Corning, Holt, Fulmer, R. Young, Kinon, Byrd, J. Bailey, Hallman and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-312 SO AS TO PROVIDE FOR A SPECIAL VERSION OF A RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION ONLY WITH NO RESTRICTIONS ON THE DAYS OR HOURS OF SALES; AND TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PRORATE THE SPECIAL RETAIL PERMIT FEE PROVIDED IN SECTION 61-9-312 FOR THE 1993-94 LICENSE YEAR.

Referred to Committee on Labor, Commerce and Industry.

H. 3307 -- Reps. McElveen, Rogers, G. Brown, Delleney, Waites and McLeod: A BILL TO AMEND SECTION 44-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT HAZARDOUS WASTE INCLUDES ALL WASTE DISPOSED OF IN A LAND DISPOSAL SITE PERMITTED TO RECEIVE HAZARDOUS WASTE.

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

H. 3308 -- Rep. McElveen: A BILL TO REQUIRE A RECIPIENT OF AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) WHO IS A PARENT UNDER TWENTY-TWO YEARS OF AGE AND HAS NOT OBTAINED A STATE HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT TO ENROLL IN A COURSE OF STUDY APPROVED BY THE STATE DEPARTMENT OF SOCIAL SERVICES WHICH WILL LEAD TO THE ACHIEVEMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT, TO PROVIDE FOR WITHHOLDING AND THE FORFEITURE OF AFDC PAYMENTS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR AFDC BONUSES UNDER CERTAIN CONDITIONS AND IN AMOUNTS AS PRESCRIBED BY THE STATE DEPARTMENT OF SOCIAL SERVICES, AND TO REQUIRE THE PROMULGATION OF REGULATIONS.

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

H. 3309 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 11-11-140, 11-11-150, AND 11-11-160 SO AS TO REQUIRE A PRIORITIZATION OF APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT AND TO REQUIRE ANY MIDYEAR BUDGET CUTS BY THE STATE BUDGET AND CONTROL BOARD TO FOLLOW THE PRIORITIES, TO ALLOW STATE AGENCIES TO CARRY FORWARD EIGHTY PERCENT OF UNSPENT APPROPRIATIONS, AND TO ALLOW STATE AGENCIES TO CONSOLIDATE FULL-TIME EQUIVALENT POSITIONS (FTE's) AND DISTRIBUTE AND ADJUST SALARIES FOR THESE FTE's TO THE COMBINED POSITIONS.

Referred to Committee on Ways and Means.

H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.

Referred to Committee on Education and Public Works.

H. 3311 -- Reps. Keyserling, Gonzales, Rogers, G. Bailey, Hallman, Cobb-Hunter, Kinon, Harrell, Walker, Waites, McElveen, Govan, Harwell, Canty, Byrd, Richardson, Law, Breeland, Whipper, J. Harris, Neilson, McMahand, Kirsh, McLeod, R. Young, Meacham, J. Bailey, A. Young, Delleney, Inabinett, Sheheen, Kennedy, Neal, Cromer, McCraw, Hines, McTeer, Phillips, Barber, Harrelson, Baxley, Rudnick, Tucker, Corning, Scott and Harvin: A BILL TO AMEND SECTION 48-48-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION AND ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL DISPOSAL FACILITY, SO AS TO REQUIRE THAT THE ACCEPTANCE OF WASTE FROM OUTSIDE THE SOUTHEAST REGION AFTER JULY 1, 1994, MUST BE APPROVED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.

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

S. 3 -- Senator Williams: A BILL TO AMEND SECTION 14-7-200, AS AMENDED, AND SECTION 14-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PETIT JURORS THE JURY COMMISSIONERS ARE REQUIRED TO DRAW AND SUMMON, SO AS TO PROVIDE THAT THE JURY COMMISSIONERS SHALL DRAW AND SUMMON AT LEAST SEVENTY-FIVE JURORS BUT THAT THE CHIEF ADMINISTRATIVE JUDGE OR THE PRESIDING JUDGE OF THAT CIRCUIT MAY INCREASE OR DECREASE THE NUMBER OF JURORS DRAWN AND SUMMONED; HOWEVER, AT LEAST SEVENTY-FIVE JURORS MUST BE DRAWN AND SUMMONED.

Referred to Committee on Judiciary.

S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.

Referred to Committee on Judiciary.

S. 38 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-300 THROUGH 59-29-340, TO ESTABLISH KIDS VOTE, A PROGRAM WHICH ALLOWS YOUNG SOUTH CAROLINIANS TO PARTICIPATE IN THE DEMOCRATIC PROCESS BY CASTING MOCK BALLOTS; AND TO AMEND SECTION 7-13-770 OF THE 1976 CODE, RELATING TO PERSONS ALLOWED WITHIN THE POLLING AREA GUARD RAIL SO AS TO ALLOW MINORS PARTICIPATING IN KIDS VOTE WITHIN THE GUARD RAIL AND ACCESS TO VOTING BOOTHS.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 3298 -- Reps. Fair, Felder, Klauber and Keegan: A HOUSE RESOLUTION IMPLORING CONGRESS TO RESIST ALL EFFORTS TO CHANGE THE LONG-STANDING POLICY OF THE ARMED SERVICES REGARDING HOMOSEXUALS AND HOMOSEXUAL ACTIVITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3299 -- Reps. Klauber, Graham, Wilkins, Trotter, Clyborne, Riser, Stone, R. Smith, Littlejohn, Marchbanks, Walker, Robinson, McKay, J. Harris, Corning, Wells, Huff, Baker, Gonzales, Haskins, Baxley, Witherspoon, A. Young, Kelley, Keegan, D. Smith, Fulmer, Richardson, Cato, Simrill, Meacham, Thomas, H. Brown, Vaughn, Cooper, Allison and Cromer: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR SUBMISSION TO THE STATES TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES HOUSE OF REPRESENTATIVES TO NO GREATER THAN SIX AND TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES SENATE TO NO GREATER THAN TWO, OR IN THE ALTERNATIVE, TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING SUCH AN AMENDMENT FOR SUBMISSION TO THE STATES FOR RATIFICATION.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Haskins
Hines                  Holt                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 28.

Joseph H. Neal                    Kenneth Kennedy
James H. Harrison                 Alma W. Byrd
B. Hicks Harwell                  William D. Boan
James G. Mattos                   William S. Houck, Jr.
John G. Felder                    C. Alex Harvin, III
Total Present--120

LEAVE OF ABSENCE

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

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, January 27.

Richard M. Quinn, Jr.

H. 3083--DEBATE ADJOURNED

Rep. STURKIE moved to adjourn debate upon the following Bill until Wednesday, March 17, which was adopted.

H. 3083 -- Reps. Koon and Sturkie: A BILL TO PROHIBIT LEXINGTON COUNTY SCHOOL DISTRICT 1 FROM UNDERTAKING CONSTRUCTION OR RENOVATION PROJECTS BY MEANS OF LEASE-PURCHASE OR LEASE-LEASEBACK AGREEMENTS, TO PROVIDE THAT LEASE-LEASEBACK AND LEASE-PURCHASE AGREEMENTS ENTERED INTO BY THE GOVERNING BODY OF THE DISTRICT CONSTITUTE GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE SUBJECT TO THE DEBT LIMITATIONS IMPOSED BY ARTICLE X, SECTION 15, CONSTITUTION OF SOUTH CAROLINA, 1895, AND TO PROVIDE FOR GENERAL OBLIGATION DEBT EXISTING ON THE EFFECTIVE DATE OF THIS SECTION AND THE MANNER OF ISSUING ADDITIONAL GENERAL OBLIGATION DEBT.

ORDERED ENROLLED FOR RATIFICATION

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

S. 240 -- Senators Setzler, Wilson, Lander and Ryberg: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.

SENT TO THE SENATE

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

H. 3263 -- Reps. Walker, Cato, M.O. Alexander, Allison, Anderson, Baker, Beatty, Clyborne, Davenport, Fair, Haskins, Jaskwhich, Lanford, Littlejohn, Mattos, McMahand, D. Smith, Vaughn, Wilkins, Wells and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-2, SO AS TO PROVIDE THAT A GEOGRAPHIC COORDINATE USED TO DEFINE A POINT ON A COUNTY BOUNDARY UTILIZES THE COORDINATE SYSTEM PROVIDED IN CHAPTER 2 OF TITLE 27 AND MUST CONTROL IF PHYSICAL FEATURES ALSO ARE USED TO DESCRIBE THE LOCATION OF A POINT ARE DIFFERENT; TO AMEND SECTIONS 4-3-280 AND 4-3-480, RELATING TO BOUNDARIES OF GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO REDEFINE THESE BOUNDARIES.

H. 3280--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 3, which was adopted.

H. 3280 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

STATEMENT BY REP. ROGERS

Rep. ROGERS, with unanimous consent, made a statement relative to the late U.S. Supreme Court Justice Thurgood Marshall.

SILENT PRAYER

On motion of Rep. CANTY, with unanimous consent, the House stood in silent prayer in memory of former U.S. Supreme Court Justice Thurgood Marshall.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3269 -- Reps. Rudnick, R. Smith, Stone and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF H. ODELL WEEKS, FORMER MAYOR OF AIKEN, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3286 -- Reps. J. Harris and Baxley: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FRIENDS AND FAMILY OF JOHN BIRKS "DIZZY" GILLESPIE OF CHERAW IN CHESTERFIELD COUNTY WHO DIED JANUARY 6, 1993, AND RECOGNIZING HIS TALENTS AND CONTRIBUTIONS TO THE DEVELOPMENT OF JAZZ.

ADJOURNMENT

At 10:35 A.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Mr. Norman Walthall Shepard of Charleston, to meet at 10:00 A.M. tomorrow.

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