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

WEDNESDAY, APRIL 7, 1993

Wednesday, April 7, 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 would not pray, Lord, for easier tasks - only for courage and ability to do our work as we know that a calm sea never produced a good voyager and that the lasting footprints in the sands of time are most apt to be made by those wearing work shoes. Keep us diligent in things that matter most as there is never a right way of doing a wrong thing. Make us willing to pay the price for the best. In the midst of today's activities, remind us often of Your invisible presence that out of issues may come Your plans; out of uncertainty, confidence; out of our restlessness, the willingness to wait; out of frustration, a greater trust in God.

Enable us to hear clearly Your Word: "As I was with Moses, so I will be with you; I will not fail you or forsake you." (Joshua 1:5)

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.

MOTION ADOPTED

Rep. TUCKER moved that when the House adjourns, it adjourn in memory of Jesse Reese Fant, Jr., of Anderson County, former member of the House of Representatives, which was agreed to.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1620
Promulgated By Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators
Licensing of Nursing Home and Community Residential Care Facility Administrators
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 21, 1994
Withdrawn and Resubmitted April 6, 1993

Document No. 1554
Promulgated By Board of Education
Reporting Termination of School District Personnel to State Department of Education
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 25, 1993
Request To Withdraw February 17, 1993
Withdrawn and Resubmitted April 7, 1993
Revised Expiration Date February 19, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 6, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Leatherman and Washington of the Committee of Conference on the part of the Senate on H. 3010: (Senator Washington was appointed in lieu of Senator Matthews.)
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
Very respectfully,
President

No. 397

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 6, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 514:
S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3124 -- Reps. Lanford, Littlejohn, Beatty, Wofford, Stone, Clyborne, Allison, McMahand, McLeod, Davenport, Hines, Byrd, G. Brown, Shissias and Walker: A BILL TO AMEND SECTION 4-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES UNDER THE PROVISIONS OF LAW REGULATING WRECKERS AT THE SCENE OF ACCIDENTS, SO AS TO PROVIDE FOR A MAXIMUM FINE IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS, RATHER THAN NOT EXCEEDING TWO HUNDRED DOLLARS.

Ordered for consideration tomorrow.

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

H. 3142 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTION 16-13-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECEIVING STOLEN GOODS, SO AS TO REVISE THE ELEMENT OF "KNOWINGLY" TO MEAN "KNOWLEDGE" OR "REASON TO BELIEVE".

Ordered for consideration tomorrow.

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

H. 3517 -- Reps. D. Smith, Tucker, Beatty, Baxley, Govan, Harrison, Haskins, Thomas, Graham, Trotter, Walker, Cato, Wells, Littlejohn, McElveen, Harrell, Delleney, R. Young, Lanford, Cromer, Davenport, Corning and Martin: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 551 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO GUIDELINES FOR ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3515 -- Reps. Harvin and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-55 SO AS TO PROVIDE FOR LEGAL HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS; AND TO REPEAL SECTIONS 53-5-40 AND 53-5-50, RELATING TO HOLIDAYS FOR BANKS AND SAVINGS AND LOAN INSTITUTIONS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3213 -- Rep. Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

Ordered for consideration tomorrow.

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

S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.

Ordered for consideration tomorrow.

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

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3129 -- Reps. Keegan, Martin, Kelley, Witherspoon, Worley, Snow and Thomas: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, Rep. ANDERSON, for the minority, submitted an unfavorable report, on:

H. 3281 -- Reps. Spearman, Cobb-Hunter, Quinn, Sharpe, Sturkie, Riser, Gamble, Robinson, Witherspoon, Baker, Koon, Carnell, Haskins, J. Brown, J. Harris, Cromer, Kirsh, Corning, Farr, McCraw, Phillips and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3455 -- Reps. Spearman and Williams: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO DELETE THE EIGHTEEN YEAR RESIDENCY REQUIREMENT.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 525 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT PURSUANT TO SECTION 38-73-760(e).

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 633 -- Senator McConnell: A CONCURRENT RESOLUTION SALUTING THE HONORABLE WILLIAM W. WALKER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM CHARLESTON COUNTY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED PUBLIC SERVICE TO THE CITIZENS OF CHARLESTON COUNTY AND OF THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 634 -- Senator Wilson: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS WILLIAM LOWELL HERRINGTON, JR., OF COLUMBIA, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1992 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.

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

INTRODUCTION OF BILLS

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

H. 3867 -- Reps. McLeod, G. Brown and Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

Referred to Committee on Judiciary.

H. 3868 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO EMERGENCY PROCEDURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1522, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3872 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 59, RELATING TO EDUCATION, BY ENACTING THE SCHOOL PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX IN A COUNTY BY ORDINANCE OF THE GOVERNING BODY OF THE COUNTY, TO PROVIDE FOR THE TAX REVENUE TO BE DISTRIBUTED TO SCHOOL DISTRICTS IN THE COUNTY ON A ONE HUNDRED THIRTY-FIVE DAY AVERAGE DAILY MEMBERSHIP BASIS, TO PROVIDE A SCHOOL PROPERTY TAX CREDIT ON ALL TAXABLE PROPERTY IN A SCHOOL DISTRICT LOCATED IN THE COUNTY WHERE THE TAX IS IMPOSED, AND TO PROVIDE FOR THE RECISION OF THE TAX BY REFERENDUM.

Referred to Committee on Ways and Means.

H. 3873 -- Rep. Walker: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1992-93 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP, AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

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

H. 3874 -- Reps. Clyborne, Waites, Allison, Baxley, Cato, Chamblee, Cooper, Fair, Fulmer, Gamble, Gonzales, Graham, Harrell, J. Harris, P. Harris, Harrison, Huff, Hutson, Keegan, Keyserling, Klauber, Marchbanks, Meacham, Quinn, Rudnick, Sharpe, Simrill, D. Smith, Stuart, Thomas, Vaughn, Wells, A. Young and Baker: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 IN ARTICLE XVII SO AS TO PERMIT THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION UPON RATIFICATION BY THE GENERAL ASSEMBLY, TO PROVIDE PETITION REQUIREMENTS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO ENACT ADDITIONAL INITIATIVE PETITION REQUIREMENTS CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION, INCLUDING REQUIREMENTS LIMITING THE SUBJECT MATTER OF INITIATIVE PETITIONS.

Referred to Committee on Judiciary.

H. 3875 -- Reps. Clyborne, Waites, Allison, Baker, Baxley, Cato, Chamblee, Cooper, Fair, Fulmer, Gamble, Gonzales, Graham, Harrell, J. Harris, P. Harris, Harrison, Huff, Hutson, Keegan, Keyserling, Klauber, Marchbanks, Meacham, Quinn, Rudnick, Sharpe, Simrill, D. Smith, Stuart, Thomas, Vaughn, Wells and A. Young: A BILL TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 8, THE INITIATIVE PETITION ACT, SO AS TO PROVIDE REQUIREMENTS FOR THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3876 -- Rep. Gonzales: A BILL TO AMEND SECTION 16-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHOPLIFTING, SO AS TO INCREASE THE VALUE OF THE SHOPLIFTED MERCHANDISE FOR A MISDEMEANOR.

Referred to Committee on Judiciary.

H. 3879 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S33-329 FROM HIGHWAY 378 TO THE PROPOSED CONNECTOR ROAD IN MCCORMICK COUNTY AND TO TRANSFER IT TO MCCORMICK COUNTY.

Referred to Committee on Invitations and Memorial Resolutions.

H. 3880 -- Rep. Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4435 SO AS TO PROVIDE THAT A MOTOR VEHICLE FROM WHICH FOOD PRODUCTS ARE SOLD FOR CONSUMPTION MUST HAVE CERTAIN VEHICLE SAFETY EQUIPMENT.

Referred to Committee on Education and Public Works.

H. 3881 -- Reps. T.C. Alexander, Askins, G. Bailey, Cato, Gamble, Harvin, McLeod, Riser, Robinson, Spearman, D. Wilder, J. Wilder, Wofford, Wright, Walker and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING ARCHITECTURAL SERVICES, ENGINEERING SERVICES, LAND SURVEYOR SERVICES, OR LANDSCAPE ARCHITECTURAL SERVICES RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY PRACTICES UNLESS SPECIFICALLY ASSUMED BY CONTRACT, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.

Referred to Committee on Judiciary.

H. 3882 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-395 SO AS TO REQUIRE PAID AND VOLUNTEER FIREFIGHTERS OF LAWFULLY AND REGULARLY ORGANIZED FIRE DEPARTMENTS TO UNDERGO STATE AND FEDERAL FINGERPRINT REVIEWS.

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

S. 177 -- Senators Land and Leventis: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EARLY RETIREMENT, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYEE PAY BOTH THE EMPLOYEE AND EMPLOYER COST OF HEALTH AND DENTAL INSURANCE.

Referred to Committee on Ways and Means.

S. 513 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR USE OF INTERTIDAL OR SUBTIDAL BOTTOMS FOR SHELLFISH CULTURE OR MARICULTURE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY INCREASE TO A MAXIMUM OF ONE THOUSAND ACRES THE ACREAGE FOR SHELLFISH MARICULTURE OF AN APPLICANT WHO IS FULLY UTILIZING THE AREAS CURRENTLY PERMITTED, HAS MET PERMIT CONDITIONS, AND HAS DEMONSTRATED A NEED FOR SHELLFISH GROWING AREAS IN EXCESS OF FIVE HUNDRED ACRES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3877 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JESSE REESE FANT, JR., OF ANDERSON COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3878 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAIL POORE HARBERT OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.

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

HOUSE RESOLUTION

On motion of Rep. A. YOUNG, with unanimous consent, the following was taken up for immediate consideration:

H. 3883 -- Rep. A. Young: A HOUSE RESOLUTION CONGRATULATING OAKBROOK ELEMENTARY SCHOOL IN LADSON, DORCHESTER COUNTY, ON BEING NAMED AS ONE OF "AMERICA'S BEST" SCHOOLS RECENTLY IN REDBOOK MAGAZINE.

Whereas, the members of the General Assembly were delighted to learn that Oakbrook Elementary School in Ladson, Dorchester County School District 2, recently was named as one of "America's Best" schools in Redbook magazine; and

Whereas, the April 1993, issue of the magazine listed six South Carolina schools among the 177 chosen for the honor nationwide, and Oakbrook was named "Best of State, excelling in many categories." Now, therefore,

Be it resolved by the House of Representatives:

That Oakbrook Elementary School officials are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 29, 1993, for the purpose of Oakbrook Elementary school being named as one of "America's Best" schools in Redbook magazine.

The Resolution was adopted.

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                 Boan                   Breeland
Brown, H.              Brown, J.              Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Farr                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilder, J.
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 7.

Gilda Cobb-Hunter                 James H. Harrison
Thomas E. Huff                    E.B. McLeod, Jr.
John J. Snow, Jr.                 Douglas Jennings, Jr.
John L. Scott, Jr.                Roger Young
C. Lenoir Sturkie                 Alma W. Byrd
Larry L. Koon                     Grady A. Brown
Timothy C. Wilkes                 Richard M. Quinn, Jr.
Joseph H. Neal                    Michael L. Fair
Dell Baker                        Ralph W. Canty
John G. Felder
Total Present--122

LEAVE OF ABSENCE

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

HOUSE TO MEET AT 12:00 NOON, TUESDAY, APRIL 13 IN
STATEWIDE SESSION

Rep. WILKINS moved that when the House adjourns it adjourn to meet in Local Session, Thursday, April 8 and Statewide Session at 12:00 Noon, Tuesday, April 13, which was agreed to.

SENT TO THE SENATE

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

H. 3842 -- Reps. Stuart, Koon, Riser, Spearman and Sturkie: A BILL TO PROVIDE THAT OF THE MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 ELECTED IN 1994, ONE MUST BE A RESIDENT OF THE PELION SCHOOL ATTENDANCE AREA AND ANOTHER MUST BE A RESIDENT OF THE GILBERT SCHOOL ATTENDANCE AREA, TO REQUIRE THEIR SUCCESSORS TO ALSO BE RESIDENTS OF THESE SCHOOL ATTENDANCE AREAS, AND TO AUTHORIZE THE ENTITY CHARGED WITH CONDUCTING THESE TRUSTEE ELECTIONS TO REQUIRE THAT PROOF OF RESIDENCY IN THESE ATTENDANCE AREAS AS IT CONSIDERS NECESSARY.

H. 3031 -- Rep. J. Bailey: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.

H. 3733 -- Reps. Gonzales, Hallman, Fulmer, Harrell, Hutson, J. Bailey and R. Young: A BILL TO PROVIDE PROCEDURES FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS IN THE GOVERNING BODY OF CHARLESTON COUNTY WHICH ARE NOT A PART OF A STATEWIDE SYSTEM ESTABLISHED AND PROVIDED BY A CODIFIED, GENERAL LAW OR THE CONSTITUTION OF THIS STATE.

H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Riser, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.

H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.

H. 3239 -- Rep. Snow: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LAND WITHOUT CONSENT.

H. 3257 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDERS LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.

H. 3271 -- Reps. McKay, Jennings and Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT A PERSON FROM OPERATING A VESSEL WITHIN FIFTY FEET OF ANOTHER VESSEL OR DIVER DISPLAYING A DIVER DOWN FLAG TO PROVIDE THE CONDITIONS WHICH MUST EXIST FOR THE PROHIBITION TO EXIST AND PROVIDE EXCEPTIONS.

H. 3276 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION, POSSESSION, OR SALE OF CERTAIN UNLAWFUL FISH SPECIES, SO AS TO INCLUDE RUDD (SCARDINIUS ERYTHROPHTALMU-LINNEAUS).

H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.

H. 3583 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-2480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPTED FROM THE REQUIREMENTS OF A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO INCLUDE PERMITTED PERSONS WHO OWN A FOX HUNTING ENCLOSURE UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM WILDLIFE AND MARINE RESOURCES DEPARTMENT REQUIREMENTS FOR PERSONS WHO OWN A FOX HUNTING ENCLOSED PRESERVE OR PUP TRAINING FACILITY.

H. 3355 -- Rep. Hodges: A BILL TO AMEND SECTION 33-15-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.

H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.

H. 3825 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (TRIENNIAL REVIEW), DESIGNATED AS REGULATION DOCUMENT NUMBER 1565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOIL CLASSIFIERS BOARD OF REGISTRATION, RELATING TO AMENDING SOIL CLASSIFIERS' REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1614, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3030--TABLED

The following Bill was taken up.

H. 3030 -- Rep. J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS TO REQUIRE THE COUNTY COUNCIL TO APPROVE ANY MILLAGE IN EXCESS OF NINETY MILLS FOR A PARTICULAR YEAR.

Rep. J. BAILEY moved to table the Bill, which was agreed to by a division vote of 9 to 1.

ORDERED TO THIRD READING

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

H. 3866 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HAMPTON COUNTY SO AS TO CHANGE THE POLLING PLACE AT THE BRUNSON PRECINCT FROM THE BRUNSON TOWN HALL TO THE OLD BRUNSON FIRE STATION.

H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

Rep. HODGES explained the Bill.

H. 3859 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3860 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3861 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CORRECTIONS, RELATING TO SHOCK INCARCERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1529, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LANFORD explained the Joint Resolution.

H. 3863 -- Rep. Phillips: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

H. 3863--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 3863 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

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

S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

S. 56 -- Senator Bryan: A BILL TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.

S. 344 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING 41-35-115, RELATING TO THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE CONDITIONS OF ELIGIBILITY FOR UNEMPLOYMENT BENEFITS, SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE SHALL BE DENIED BENEFITS WITH RESPECT TO ANY WEEK IN WHICH HE IS REQUIRED BY LAW TO APPEAR IN COURT AS A WITNESS OR TO SERVE AS A JUROR.

S. 438 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-215(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO REQUIRE THAT EXCEPT AS PROVIDED FOR RETIRED JUDGES, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

S. 114--DEBATE ADJOURNED

Rep. STILLE moved to adjourn debate upon the following Bill until Wednesday, April 14, which was adopted.

S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.

H. 3492--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, April 14, which was adopted.

H. 3492 -- Reps. Neilson, G. Bailey, Farr, Stone, R. Smith, Hines, Wilkins, Shissias, J. Wilder, Jaskwhich, Simrill, Harrelson, Wells, Vaughn, Walker, Davenport, Littlejohn, Haskins, Hutson, Moody-Lawrence, Fair, Allison, and Marchbanks: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO DEVELOP A GUIDELINES AND PROCEDURES MANUAL FOR COURT-APPOINTED GUARDIANS AD LITEM AND TO PROVIDE FOR ITS CONTENTS AND DISTRIBUTION.

H. 3058--OBJECTION

Rep. ANDERSON withdrew his objection to the following Joint Resolution whereupon an objection was raised by Rep. HODGES.

H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

H. 3200--RECOMMITTED

Rep. RHOAD, with unanimous consent, moved to recommit the following Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

S. 593--RECALLED FROM THE COMMITTEE ON LABOR,
COMMERCE AND INDUSTRY

On motion of Rep. KEEGAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.

S. 170--RECALLED AND REFERRED TO THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.

S. 597--RECALLED FROM THE COMMITTEE ON LABOR,
COMMERCE AND INDUSTRY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

OBJECTION TO RECALL

Rep. PHILLIPS asked unanimous consent to recall H. 3632 from the Committee on Education and Public Works.

Rep. McTEER objected.

H. 3436--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

Rep. MATTOS 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.

SENT TO THE SENATE

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

H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

S. 566--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.

Rep. QUINN moved to adjourn debate upon the Resolution until Wednesday, April 14, which was adopted.

H. 3783--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3783 -- Reps. Martin, Worley, Keegan, Kelley and Witherspoon: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA, UNTIL BETTER ACCESS CAN BE PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.

Whereas, the Grand Strand area provides a disproportionate share of state revenue due to the collection of sales tax, accommodations taxes, and other revenue-raising measures from more than ten million tourists visiting the area each year, contributing substantially to the state's economy and to state tourism-generated tax revenues totalling $249,700,000; and

Whereas, the continued growth of this revenue for the State is being threatened by the lack of sufficient and adequate access on the highways of this State to the Grand Strand area and where the sister states of North Carolina and Georgia are providing direct access to beach tourist areas;
and

Whereas, delays are now extremely common in all the areas leading into the Grand Strand area, causing frustration and decisions not to return to the Grand Strand area for a vacation by out-of-state tourists; and

Whereas, even if projects to improve access to the Grand Strand area are expedited, there still will be a substantial delay until these improvements are completed; and

Whereas, more than forty thousand South Carolinians are employed in the Grand Strand's tourism industry, which accounts for nearly forty percent of said industry; and

Whereas, the continued growth of employment and this revenue for the State is being threatened by lack of sufficient and adequate access on highways of this State to the Grand Strand area; and

Whereas, it is essential that the State take all steps possible to upgrade traffic control into the Grand Strand area under the existing highway conditions. Now, therefore,

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

That the South Carolina Department of Highways and Public Transportation be directed to provide immediately traffic control support to the Grand Strand area. This shall include, but not limited to, additional highway patrolmen during the busiest hours of access and departure from the Grand Strand area, coordination of traffic signal mechanisms to make the flow of traffic as efficient as possible on existing highways, and any short-term improvements necessary to assist in reducing the congestion in and around the Conway area, and other areas of access to the Grand Strand.

Be it further resolved that the members of the General Assembly of the State of South Carolina, by this resolution, direct the South Carolina Department of Highways and Public Transportation to provide additional traffic control support to the Grand Strand area, until better access can be provided through the construction and improvement of the highway system serving the Grand Strand area.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation, the Governor, and the Chairman of the State Development Board.

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

H. 3843--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3843 -- Reps. Gonzales, G. Bailey, Whipper, Hallman, Inabinett, H. Brown, Fulmer, Harrell, Holt, Barber, Hutson, J. Bailey, Law, R. Young, Wofford, Breeland and Williams: A CONCURRENT RESOLUTION TO DIRECT THE GOVERNOR TO CONTRIBUTE ONE HUNDRED THOUSAND DOLLARS TO FURTHER THE EFFORTS OF THE TRIDENT CHAMBER OF COMMERCE REGARDING THE CLOSURE OR ALIGNMENT OF FEDERAL MILITARY INSTALLATIONS AND TO RETAIN CERTAIN OTHER FUNDS FOR FUTURE CONTINGENCIES.

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

That the Governor shall retain those funds transferred or committed to transfer to the Governor's Office in accordance with Executive Order 93-05 by the South Carolina Public Service Authority, the State Ports Authority, the Department of Parks, Recreation and Tourism, the Budget and Control Board, and the State Railways Commission which funds remain uncommitted.

Be it further resolved that out of said sums, the Governor shall contribute one hundred thousand dollars to the economic development corporation established under the auspices of the Trident Chamber of Commerce pursuant to the U.S. Internal Revenue Code Section 501(c)(6), such funds to only be utilized for studies, analyses, travel, and other necessary expenses as deemed appropriate by the board of directors of the corporation, subject to such documentation, record keeping, and accounting requirements as the Governor may deem appropriate, and with such funds not to be used to hire or fund staff positions of the Trident Chamber of Commerce or any corporation or foundation affiliated with the Trident Chamber of Commerce.

Be it further resolved that the remaining funds shall be retained by the Governor to address any other contingencies and needed expenditures which may arise as to South Carolina base closure efforts arising out of BRAC 1993, as the Governor may deem appropriate, with any remaining funds to be returned pro-rata to the contributors upon a final decision by the Federal Government as to which base facilities will be closed.

Be it further resolved that the Trident Chamber of Commerce, any of its affiliated corporation, shall to the extent possible attempt to prevent base closures and ameliorate the economic impact of a final decision to close or realign federal installations.

Be it further resolved that a copy of this resolution be forwarded to the Trident Chamber of Commerce.

Rep. GONZALES explained the Concurrent Resolution.

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

MOTION PERIOD

Rep. RUDNICK moved to recall H. 3700 from the Education and Public Works Committee.

As a first substitute Rep. SCOTT moved to recall H. 3041 from the Judiciary Committee.

As a second substitute Rep. RUDNICK moved to recall H. 3700 from the Education and Public Works Committee.

Rep. PHILLIPS moved to table the motion.

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

The motion to table was agreed to by a division vote of 53 to 20.

As a second substitute, Rep. WILKINS moved to dispense with the balance of the Motion Period, which was agreed to.

H. 3059--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

The Committee on Judiciary proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10144JM.93), which was adopted.

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

/SECTION     1.     Section 2-1-180 of the 1976 Code is amended to read:

"Section 2-1-180.     The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first fifteenth that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first second Thursday in June May and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriations Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. RUDNICK spoke against the amendment.

The amendment was then adopted by a division vote of 70 to 34.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15173SD.93), which was rejected.

Amend the report of the Committee on Judiciary, as and if amended, in Section 2-1-180 of the 1976 Code, as contained in Section 1 by adding the following new paragraph at the end of Section 2-1-180 to read:

/Prefiling of bills and resolutions is permitted after the organizational session in even-numbered years and during the legislative interim in carryover years. Prefiled bills and resolutions may be referred to appropriate committees by the presiding officers of each house which may then consider them at such time as the committee meets./

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 2 was out of order as it was not germane. He further stated that the Bill dealt with the issue of extending the session and the Amendment dealt with the filing of Bills.

Rep. RUDNICK argued contra the Point.

The SPEAKER stated that Amendment No. 1 which was adopted did deal with the conduct of business and what legislation could be considered during that period of time and that the Amendment was germane and he overruled the Point of Order.

Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 30 to 61.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

Rep. RUDNICK spoke in favor of the amendment.

SPEAKER IN CHAIR

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 20 to 68.

Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\15171SD.93, which was tabled.

Amend the report of the Committee on Judiciary, as and if amended, in Section 2-1-180 of the 1976 Code by striking /two-thirds/ on line 44 of page [3059-1] and on line 7 of page [3059-2] and inserting /two-thirds majority/.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 55 to 17.

Reps. RUDNICK, G. BROWN and KIRSH spoke against the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 78; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Boan                   Brown, H.              Canty
Cato                   Clyborne               Cooper
Cromer                 Delleney               Fair
Farr                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Harwell                Haskins                Hodges
Houck                  Huff                   Hutson
Jennings               Keyserling             Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
McCraw                 McKay                  Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Robinson
Rogers                 Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Sturkie                Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                Wilder, D.             Wilder, J.
Wilkins                Wofford                Worley
Wright                 Young, A.              Young, R.

Total--78

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Chamblee               Cobb-Hunter            Corning
Felder                 Govan                  Harrelson
Harris, P.             Hines                  Holt
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Mattos
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Riser
Rudnick                Scott                  Snow
Stille                 Stoddard               Stone
White                  Wilkes                 Williams
Witherspoon

Total--37

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

H. 3310--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, April 13, which was adopted.

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.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3884 -- Reps. McCraw and Phillips: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND STUART A. KERSEY OF CHEROKEE COUNTY FOR HIS OUTSTANDING SERVICE AS PASTOR OF CHEROKEE AVENUE BAPTIST CHURCH OF GAFFNEY.

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

HOUSE RESOLUTION

On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:

H. 3885 -- Rep. J. Brown: A HOUSE RESOLUTION TO REQUEST THAT THE DAILY PRAYERS OF CHAPLAIN CLARK BE COMPILED FOR THE 1993 LEGISLATIVE SESSION AND PRINTED FOR DISTRIBUTION.

Be it resolved by the House of Representatives:

That the daily prayers of Chaplain Clark be compiled for the 1993 legislative session and that one thousand five hundred copies be printed for distribution.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 646 -- Senators Elliott, Rankin, Greg Smith, Leventis and Saleeby: A CONCURRENT RESOLUTION TO REQUEST THE FEDERAL HIGHWAY ADMINISTRATION TO EXPAND THE NATION'S INTERSTATE LINKAGE TO INCLUDE THE CONSTRUCTION OF INTERSTATE I-73 FROM DETROIT, MICHIGAN, SOUTHEASTERLY THROUGH OHIO, WEST VIRGINIA, NORTH CAROLINA, AND THE COASTAL SECTIONS OF SOUTH CAROLINA.

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. 3886 -- Rep. Rhoad: A BILL TO AMEND SECTION 23-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS COMPLETING BASIC TRAINING, SO AS TO PROHIBIT EMPLOYMENT OF A PERSON AS A LAW ENFORCEMENT OFFICER UNTIL TRAINING IS COMPLETED; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CRITERIA FOR ISSUANCE OF LAW ENFORCEMENT TRAINING CERTIFICATE, SO AS TO DELETE THE REQUIREMENT FOR A HIGH SCHOOL DIPLOMA EQUIVALENT AND REDUCE THE AGE.

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

H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.

Referred to Committee on Judiciary.

H. 3888 -- Reps. R. Smith, J. Bailey, Stone, G. Bailey, Hutson, Elliott, Huff, McLeod, Cato and Delleney: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE REQUIREMENT UPON INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT, WITH RESPECT TO THE NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM, IN CIRCUMSTANCES OF NONPAYMENT OF THE PREMIUM, OR PAYMENT AS PART OF AN INSTALLMENT OR PREMIUM FINANCE PLAN, MADE TO THE INSURER, AGENT, OR PREMIUM SERVICE COMPANY WHERE THE INSURER, AGENT, OR PREMIUM SERVICE COMPANY HAS NOTIFIED THE PERSON BY FIRST CLASS, CERTIFIED MAIL OF ITS INABILITY TO COLLECT SAID PREMIUM OR PAYMENT UTILIZING THE FINANCIAL INSTRUMENT PROVIDED BY THE PERSON, THE NOTICE OF CANCELLATION NOTIFIES THE PERSON THAT THE POLICY AND COVERAGE ARE CANCELED AT THE DATE AND TIME SUCH PREMIUM OR PAYMENT WAS DUE; TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO PROVIDE FOR A REFUND OF ANY EXCESS TO THE INSURED VIA THE INSURANCE AGENT, AGENCY, OR BROKER PLACING THE INSURANCE FOR THE ACCOUNT OF THE INSURED; TO AMEND SECTION 38-43-410, RELATING TO THE ADVANCING OF PREMIUMS BY INSURANCE AGENTS, SERVICE CHARGE, AND THE PROVISION THAT AN UNPAID BALANCE AND SERVICE CHARGE CONSTITUTE A LIEN ON UNEARNED PREMIUMS, SO AS TO PROVIDE FOR THE ADVANCEMENT OF ALL OR ANY PART OF A PREMIUM FOR AN INSURANCE POLICY TO A PREMIUM SERVICE COMPANY, AND PROVIDE THAT THE AGENT OR AGENCY HAS A LIEN EQUAL TO THE AMOUNT OF THE UNPAID BALANCE AND SERVICE CHARGES UPON ANY SURPLUS OVER THE AMOUNT DUE FROM AN INSURED HELD BY A PREMIUM SERVICE COMPANY; AND TO AMEND SECTION 38-43-450, RELATING TO THE ADVANCING OF PREMIUMS BY INSURANCE AGENTS AND THE REQUIREMENT THAT THE EXCESS OF A RETURN PREMIUM OVER AN UNPAID BALANCE AND CHARGES MUST BE HELD IN TRUST, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE FOR PAYMENT OF EXCESS OF RETURN PREMIUM BY A PREMIUM SERVICE COMPANY.

Referred to Committee on Labor, Commerce and Industry.

H. 3889 -- Reps. McAbee and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

Referred to Committee on Labor, Commerce and Industry.

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3891 -- Reps. Tucker, Jennings and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-65 SO AS TO PROVIDE A LIST OF CRIMES INVOLVING MORAL TURPITUDE THAT MAY BE USED TO IMPEACH A WITNESS.

Referred to Committee on Judiciary.

H. 3892 -- Reps. Baxley, H. Brown, Hallman, Jennings, Fulmer, Jaskwhich, Kirsh, Gamble, Wofford, Keegan, Vaughn, Cato, Stille and Riser: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND CONFIDENTIAL INFORMATION REGARDING CHILDREN UNDER THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE NAME OF THE CUSTODIAL PARENT OR LEGAL GUARDIAN OF A CHILD COMMITTING ANY OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT MAY BE MADE PUBLIC BY APPROPRIATE COURT OR LAW ENFORCEMENT AUTHORITIES.

Referred to Committee on Judiciary.

H. 3893 -- Reps. Baxley, Hallman, Jennings, Fulmer, Law, Jaskwhich, Gamble, Riser, Wofford, Keegan, Vaughn, Cato, Stille and H. Brown: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND CONFIDENTIAL INFORMATION REGARDING CHILDREN UNDER THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE RESTRICTION AGAINST MAKING PUBLIC THE NAMES AND PICTURES OF THESE CHILDREN ONLY APPLIES TO THOSE CHILDREN UNDER THE JURISDICTION OF THE COURT FOR ANY STATUS OFFENSE OR FOR A FIRST OFFENSE INVOLVING THE COMMISSION OF A CRIME WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT.

Referred to Committee on Judiciary.

H. 3894 -- Reps. Cromer, A. Young, Quinn, Meacham, Fulmer, Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson, Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines, Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright, Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell, Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley, Gonzales, Holt, Delleney, Jennings, Canty and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Referred to Committee on Judiciary.

H. 3895 -- Reps. Kelley, Keegan, Wilkes, Hallman, Sharpe, Fulmer, Witherspoon, McAbee, Harrell and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-23 SO AS TO PROVIDE A LIMITATION ON THE ISSUANCE OF PRIVATE ORGANIZATION OR CLUB SALE AND CONSUMPTION LICENSES BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

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

Rep. T.C. ALEXANDER objected.

Referred to Committee on Labor, Commerce and Industry.

H. 3896 -- Reps. Cromer, T. C. Alexander and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-115 SO AS TO PROVIDE FOR TRANSFER OF A BIENNIAL LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS OR BEER OR WINE IF THE LOCATION OF THE BUSINESS IS CHANGED AND PROVIDE FOR A REFUND OF A PORTION OF THE LICENSE OR PERMIT FEE WHEN A LICENSEE OR PERMITTEE CLOSES THE BUSINESS OR DIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3897 -- Reps. Waites, Houck, Baxley, Kelley, Cromer, G. Bailey, Hines, Simrill, Hallman, Neilson, Richardson, Shissias, Keegan, Stille, J. Bailey, Klauber, Snow, Vaughn, Walker, D. Wilder, Stone, Allison, Meacham, Cato, A. Young, Moody-Lawrence and Hutson: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE WITHIN JURISDICTION OF THE COMMISSION; AND TO REPEAL SECTIONS 8-13-530 THROUGH 8-13-560 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES.

Referred to Committee on Judiciary.

H. 3898 -- Reps. Waites, Houck, Cromer, G. Bailey, Hines, Simrill, Richardson, Stone, Vaughn, Baxley, Shissias, J. Bailey, Stille, Klauber, Hallman, Snow, D. Wilder, Moody-Lawrence, Allison, Meacham, Cato, A. Young, Hutson and Walker: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES WITHIN JURISDICTION OF THE COMMISSION; AND TO AMEND ARTICLE 5, CHAPTER 13, TITLE 8, RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES, SO AS TO DELETE REFERENCES TO THE HOUSE ETHICS COMMITTEE.

Referred to Committee on Judiciary.

S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.

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

Further proceedings were interrupted by the Joint Assembly.

LEAVE OF ABSENCE

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

JOINT ASSEMBLY

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

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

ELECTION OF LANDER UNIVERSITY, WINTHROP
UNIVERSITY, CLEMSON UNIVERSITY, AND FRANCIS
MARION UNIVERSITY BOARD OF TRUSTEES

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

H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 7, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.

LANDER UNIVERSITY BOARD OF TRUSTEES
THIRD CONGRESSIONAL DISTRICT, SEAT 5

The President announced that nominations were in order for a member of the Lander University Board of Trustees, Third Congressional District, Seat 5.

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated William G. "Bill" Stevens.

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

Whereupon, the President announced that William G. "Bill" Stevens was duly elected for the term prescribed by law.

WINTHROP UNIVERSITY BOARD OF TRUSTEES

The President announced that nominations were in order for a member of the Winthrop University Board of Trustees.

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Robert L. Thompson, Jr.

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

Whereupon, the President announced that Robert L. Thompson, Jr., was duly elected for the term prescribed by law.

CLEMSON UNIVERSITY BOARD OF TRUSTEES

The President announced that nominations were in order for a member of Clemson University Board of Trustees.

Senator Martin withdrew Charles E. Dalton as a candidate.

Rep. STODDARD withdrew Mr. John Q. Adams, III, as a candidate.

Rep. BOAN nominated Mrs. Patricia H. McAbee as follows:

"Mr. President, Mr. Speaker, and members of this Joint Assembly...It is my honor and privilege to place in nomination the name of an outstanding person as a candidate for membership to the Board of Trustees of Clemson University. In Patricia H. McAbee, I offer a person with vision and experience, working within the boundaries of the economic realities of budgeting, cost containment, and rising tuition. Mrs. McAbee brings exceptional experience through her background in the arts. She provided the leadership for a cultural movement which has brought about economic opportunities for artists and increased cultural literacy in her community and for its schools. She developed a desire among its citizens to revitalize the downtown area as a cultural and business center which has served as a model across the South. This organization was awarded the Elizabeth O'Neill Verner Award in 1989 for excellence as an arts organization by Governor Carroll Campbell. Mrs. McAbee earned her Bachelor of Fine Arts at the College of Charleston and completed her post-graduate studies in Arts Administration at the University of North Carolina. Her educational background will bring a vital balance to the kind of policy issues facing Clemson University. Thomas Green Clemson envisioned a Clemson which would serve not only the young men and women of this State, but also as a land-grant institution, he envisioned a Clemson that would serve all of the citizens of South Carolina. Today, we have an opportunity to obtain the service of an energetic person with a vision for the future. She is a person of strong religious faith, mother of three children who is dedicated to her family and a person with the intellect to understand complex issues facing higher education and a strong-willed individual, who understands the importance of teamwork. Patti McAbee is very civic-minded, both in her own community and in the Clemson domain. She founded and serves as Executive Director of the McCormick Arts Council and serves on the South Carolina Arts Alliance. She has served on the Piedmont Technical College Board of Visitors and Lander College Board of Visitors. She has served on the Clemson Extension Advisory Committee, currently serves on the Clemson Women's Council, and is Past President of Clemson Extension Homemakers. She serves on the Strom Thurmond Institute Advisory Board and the South Carolina Botanical Garden Advisory Board. She is a graduate of Leadership South Carolina and Palmetto Leadership. She was awarded the McCormick County Clemson Extension Community Service Award and The Order of The Palmetto. Ladies and Gentlemen of the General Assembly, it is my pleasure and an honor to place in nomination as a candidate for the Clemson University Board of Trustees the name of Patti H. McAbee. Thank you."

Representatives WALDROP, J. WILDER, RHOAD, BEATTY, J. HARRIS, Senator O'Dell, Representative R. SMITH, Senators Cork, Moore, Washington, Representatives MATTOS, CHAMBLEE, WHITE, COBB-HUNTER, HARVIN, INABINETT, WILKES, HOLT, WHIPPER, KEYSERLING, TUCKER, P. HARRIS, SCOTT, NEAL, Representative CARNELL on behalf of the Greenwood Delegation and Representative GOVAN seconded the nomination.

Senator Leventis nominated Mrs. Darra Cothran as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly...It is a historic occasion today because with two very well qualified ladies running for the Clemson Board for the first time, there will be a woman on the Board of Trustees at Clemson. Over 16,000 women have graduated from Clemson and I rise today to tell you about one of those who has an outstanding record of dedication to her community and to her State and to her alma mater. And that is Darra Cothran. When Darra came to the University in 1966, there were only about 750 women as students at the institution. She graduated in 1969 with honors with a Bachelor of Science degree in biology. She went to law school at the University of South Carolina and she has been practicing law for over 20 years here in Columbia. She is currently a partner in her law firm sometimes known as Darra and the guys. Darra has a record that is extraordinary among her many accomplishments. She is the only woman in this State to be Chairman of the Board of Directors of a bank, the Sandhills Bank of South Carolina. She has always been active at Clemson and beyond and naturally she is a member of IPTAY. She is a sustaining member of the Board of Visitors at Clemson, meaning she has been recognized and has been asked to extend her services beyond the normal Board of Visitors service. She was a charter member of the Woman's Advisory Council at Clemson and that group has brought into alumni activities literally thousands of women who were not active before. Darra is on the Board of Directors of the Greater Columbia Chamber of Commerce. She is active in her church serving as a Ruling Elder at Spring Valley Presbyterian Church. She has other activities that are really almost too numerous to mention, both in the past and presently. Darra is married and has two children. The oldest is about to go on to higher education and you might guess that if she can, she will be at Clemson University. This is a first for Clemson University and I think that it should be a family affair. It is hard to imagine that we must look outside the family of over 16,000 women who have graduated from this University to find a first lady to be on the Board. There are many outstanding graduates of Clemson and Darra Cothran is one of them. She has dedicated her life to service of her community. She has dedicated her life to service of Clemson. She has earned the respect of people in her profession and in business and most significantly to you today, she has earned the respect of people at Clemson University. She deserves to be the next board member at Clemson and we need her experience. Clemson needs her experience. We need her involvement and her dedication to her alma mater. And so it is with great pride and it is a particular privilege to me to nominate Darra Cothran for the position of member of the Board of Trustees at Clemson University."

Representatives WRIGHT, RISER, CORNING, BAXLEY, KELLEY, WITHERSPOON, WORLEY, THOMAS, CANTY, HARRELL, FULMER, G. BROWN, ALLISON, D. SMITH, LANFORD, WALKER, LITTLEJOHN, Senator Rankin, Representative MOODY-LAWRENCE, Senator Giese, Representative MARCHBANKS, Senators Russell, Williams, Jackson, Mescher, Ryberg, Representative HALLMAN, Senators Elliott and Rose seconded the nomination.

On motion of Rep. STODDARD, nominations were closed.

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

The following named Senators voted for Ms. Cothran:

Courson                Elliott                Giese
Glover                 Hayes                  Jackson
Lander                 Leventis               Martin
McConnell              Mescher                Passailaigue
Patterson              Rankin                 Richter
Rose                   Russell                Ryberg
Setzler                Short                  Smith, G.
Stilwell               Thomas                 Williams
Wilson

TOTAL--25

The following named Senators voted for Ms. McAbee:

Bryan                  Cork                   Courtney
Gregory                Land                   Leatherman
Macaulay               Matthews               McGill
Mitchell               Moore                  O'Dell
Peeler                 Reese                  Saleeby
Smith, J.V.            Waldrep                Washington

TOTAL--18

On motion of Rep. CARNELL, with unanimous consent, the Members of the House voted by electric roll call.

The following named Representatives voted for Ms. Cothran:

Allison                Askins                 Baxley
Brown, J.              Canty                  Corning
Cromer                 Fulmer                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Houck                  Hutson
Kelley                 Kirsh                  Koon
Lanford                Littlejohn             Marchbanks
Martin                 Moody-Lawrence         Quinn
Richardson             Riser                  Robinson
Shissias               Simrill                Smith, D.
Stille                 Stuart                 Thomas
Waites                 Walker                 Wells
Witherspoon            Worley                 Wright
Young, A.

Total--40

The following named Representatives voted for Ms. McAbee:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Bailey, J.             Baker
Barber                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Byrd                   Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Delleney               Fair
Farr                   Felder                 Gamble
Govan                  Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Huff                   Inabinett
Jennings               Keegan                 Kennedy
Keyserling             Kinon                  Klauber
Law                    Mattos                 McAbee
McCraw                 McKay                  McLeod
McTeer                 Meacham                Neal
Neilson                Phillips               Rhoad
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Smith, R.
Snow                   Spearman               Stoddard
Stone                  Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Wofford                Young, R.

Total--78
RECAPITULATION

Total Number of Senators voting     43
Total Number of Representatives voting     118
Grand Total     161
Necessary to a choice     81
Of which Ms. Cothran received     65
Of which Ms. McAbee received     96

Whereupon, the President announced that Mrs. Patricia H. McAbee having received a majority of the votes cast was duly elected for the term prescribed by law.

FRANCIS MARION UNIVERSITY BOARD OF TRUSTEES
SECOND CONGRESSIONAL DISTRICT, SEAT 3

The President announced that nominations were in order for a member of the Francis Marion University Board of Trustees, Second Congressional District, Seat 3.

Rep. CROMER nominated Mr. James R. Courie as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen...This is the first time that I have had the opportunity and the privilege to nominate someone for the Board of Trustees for a University in our State. It gives me an honor and a privilege to nominate Jay Courie. Jay Courie is a young man whom you have met over the past several weeks. Representative Jean Harris and I have been working hard to ensure that you met him. He is a personal friend of mine and I am from his Congressional Delegation. Jay graduated from Francis Marion College, magna cum laude, that is just below summa cum laude and is about as good as you can get. He was a member of Phi Kappa Phi and ATO Fraternity. After that, is when I met Jay at U.S.C. Law School where he graduated with me in 1988. But unlike me, he was smart enough to get on the Law Review, serve on the Order of Wig and Robe, be a legal writing instructor and distinguish himself academically like no one could. Currently, he works at Turner, Padgett, Graham and Laney as an attorney. He serves on the Francis Marion University Board of Visitors where he was elected in April of 1992. He has also done something else that I have to get busy with. He has gotten married to a wonderful woman who also we know, Yolanda Coker of Darlington. Probably, most important of all it gives me an honor and a privilege to nominate Jay. I would like to speak to former Representative Cork, Representative Quinn, Simrill, Klauber, and people of our age are hard to get interested in this process much less involved and actively participating. It is something that we have chosen to do and it is something that Jay Courie has chosen to do. Jay Courie was in a wedding that I had the honor of enjoying with him down in Marion and I have also seen his love for the river, his love for his home boys and that love will be transferred to Francis Marion and I am proud to place in nomination Jay Courie. Thank you."

Rep. STODDARD, on behalf of the Joint Screening Committee nominated Mr. Terry Williams.

On motion of Rep. STODDARD, nominations were closed.

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

The following named Senators voted for Mr. Courie:

Bryan                  Cork                   Courtney
Elliott                Giese                  Glover
Gregory                Jackson                Land
Lander                 Leventis               Macaulay
Martin                 Matthews               McConnell
McGill                 Mescher                Mitchell
Moore                  O'Dell                 Patterson
Peeler                 Rankin                 Reese
Richter                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Smith, J.V.            Stilwell               Waldrep
Williams               Wilson

TOTAL--35

The following named Senators voted for Mr. Williams:

Courson                Leatherman             Passailaigue

TOTAL--3

On motion of Rep. CARNELL, with unanimous consent, the Members of the House voted by electric roll call.

The following named Representatives voted for Mr. Courie:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Delleney               Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Martin                 Mattos
McAbee                 McCraw                 McKay
McLeod                 McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Richardson
Riser                  Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Vaughn                 Waites                 Waldrop
Walker                 Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--101

The following named Representatives voted for Mr. Williams:

Graham                 Harrison               Keegan
Trotter

Total--4
RECAPITULATION

Total Number of Senators voting     38
Total Number of Representatives voting     105
Grand Total     143
Necessary to a choice     72
Of which Mr. Courie received     136
Of which Mr. Williams received     7

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

JOINT ASSEMBLY RECEDES

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

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

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. 3763 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS FOR FIFTY YEARS OF OUTSTANDING SERVICE AS AN ADVOCATE OF SMALL BUSINESS AND TO DECLARE THE WEEK OF JUNE 27, 1993, AS "NATIONAL FEDERATION OF INDEPENDENT BUSINESS WEEK" IN SOUTH CAROLINA.

H. 3843 -- Reps. Gonzales, G. Bailey, Whipper, Hallman, Inabinett, H. Brown, Fulmer, Harrell, Holt, Barber, Hutson, J. Bailey, Law, R. Young, Wofford, Breeland and Williams: A CONCURRENT RESOLUTION TO DIRECT THE GOVERNOR TO CONTRIBUTE ONE HUNDRED THOUSAND DOLLARS TO FURTHER THE EFFORTS OF THE TRIDENT CHAMBER OF COMMERCE REGARDING THE CLOSURE OR ALIGNMENT OF FEDERAL MILITARY INSTALLATIONS AND TO RETAIN CERTAIN OTHER FUNDS FOR FUTURE CONTINGENCIES.

H. 3877 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JESSE REESE FANT, JR., OF ANDERSON COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3878 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAIL POORE HARBERT OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.

H. 3884 -- Reps. McCraw and Phillips: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND STUART A. KERSEY OF CHEROKEE COUNTY FOR HIS OUTSTANDING SERVICE AS PASTOR OF CHEROKEE AVENUE BAPTIST CHURCH OF GAFFNEY.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. TUCKER adjourned in memory of Jesse Reese Fant, Jr., of Anderson County, former member of the House of Representatives, to meet in Local Session at 10:00 A.M. tomorrow, and in Statewide Session at 12:00 Noon, Tuesday, April 13.

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This web page was last updated on Monday, June 29, 2009 at 3:45 P.M.