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

WEDNESDAY, JUNE 2, 1993

Wednesday, June 2, 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:

As the demands upon us become greater, so, Lord, our need of Your help and guidance increases. Give us, then, a double measure of Your wisdom and guidance as we face the challenges of this day. Imprint upon our minds the truth that we are measured not by our accumulations, but by our accomplishments; not by how much we saved, but how much we gave; not by the distance we traveled, but by the road we took. Make us to dedicate our lives to high principles, and thus instead of seeing only our trials and troubles, to praise God for His goodnesses and mercy as we have learned that it takes both rain and sunshine to produce a rainbow.

Lord, in Your mercy, hear our prayer. 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. SPEARMAN moved that when the House adjourns, it adjourn in memory of Mrs. Trannye Trotter Gentry, mother of former Rep. Larry Gentry of Saluda, which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 9, 1993
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Statewide Appointment

Initial Appointment and Reappointment, Member, State Ethics Commission, with term to expire June 30, 1993 and reappointment term to expire June 30, 1998:

5th Congressional District:

Mr. Randolph Marshall Talley, 431 Adams Avenue, Sumter, S.C. 29150 Vice Richard C. Jones (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENTS

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 10, 1993
Mr. Speaker and Members of the House:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the General Assembly," and are, therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Statewide Appointments

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993 and reappointment term to expire June 30, 1998:

6th Congressional District:

Mr. Frederick A. Hoefer, II, Harwell, Ballenger & DeBerry, Post Office Box 107, Florence, S.C. 29503 VICE Charles Arthur Houseman (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993 and reappointment term to expire June 30, 1998:

1st Congressional District:

Ms. Cynthia G. Howe, Van Osdell, Lester, Howe & Rice, P.A., 1301 48th Avenue North, Myrtle Beach, S.C. 29577 VICE Paula H. Bethea (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1998:

3rd Congressional District:

Mr. Roger J. Hartman, 344 Knollwood Drive, Anderson, S.C. 29625 VICE David Lee Terry

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 1, 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. 703:
S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 1, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it reconsidered concurrence in the amendments proposed by the House to S. 703:
S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.
Very respectfully,
President

Received as information.

H. 3557--RULE 5.14 WAIVED

Rep. KIRSH moved to waive Rule 5.14 on the Senate amendments to the following Joint Resolution, which was agreed to by a division vote of 36 to 0.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR;

CONCURRENT RESOLUTION

The following was introduced:

H. 4267 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GIRLS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD GIRLS' CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4268 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE PAUL AND JO BROWN UPON CELEBRATING THEIR TWENTY-FIFTH WEDDING ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4269 -- Rep. Corning: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES TO RICHARD K. HARDING, M.D., AND HIS FAMILY, OF RICHLAND COUNTY ON HIS ELECTION TO THE OFFICE OF RECORDER OF THE AMERICAN PSYCHIATRIC ASSOCIATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4270 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GOLF TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4271 -- Reps. M.O. Alexander, Baker, Jaskwhich, Stille, Wilkins, Fair, Clyborne, Anderson, McMahand, Mattos, Haskins, Vaughn and Cato: A CONCURRENT RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1993 STATE CLASS AAAA BASEBALL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 818 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY UPON THE DEATH OF HAROLD MUNGIN.

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

INTRODUCTION OF BILLS

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

H. 4272 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JUNE 30, 1994.

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

H. 4273 -- Reps. Mattos, Harrelson, Govan, G. Brown, Sharpe, Simrill, Harwell, Cato, Corning, Kirsh, Hutson, H. Brown, Law, Shissias, Stone, Kelley, Phillips, Littlejohn, Moody-Lawrence, Jaskwhich, D. Smith, Wofford, Meacham, Wright, Lanford, Williams, Koon, Riser, Vaughn, Byrd, Robinson, Stille, Marchbanks, Harrison, Barber, Klauber, Keegan, Allison, Wells, D. Wilder, Spearman, Witherspoon, Walker and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-605 SO AS TO PROHIBIT A CIVIL ACTION FOR DAMAGES OR WRONGFUL DEATH ARISING OUT OF ILLEGAL ACTIONS BY THE MOVING PARTY.

Referred to Committee on Judiciary.

H. 4274 -- Rep. Waites: A BILL TO AMEND SECTION 8-13-1308, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT SO AS TO CHANGE THE TIMES THE REPORTS ARE DUE AND BY WHOM THE REPORTS MUST BE FILED, AND PROVIDE THAT FILING THE FORM IS SUBJECT TO THE PENALTIES IN SECTION 8-13-1510 WHEN MORE THAN ONE REPORT IS DUE WITHIN A THIRTY-DAY PERIOD.

Referred to Committee on Judiciary.

S. 800 -- Medical Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PATIENT COUNSELING, PROSPECTIVE DRUG REVIEW, AND PATIENT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 805 -- Senators Matthews and Williams: A BILL TO AMEND ACT 201 OF 1991, RELATING TO THE ELECTION OF ORANGEBURG COUNTY SCHOOL DISTRICT TRUSTEES, SO AS TO PROVIDE THAT THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION SHALL APPOINT A TRUSTEE TO FILL AN UNEXPIRED TERM WHEN A VACANCY OCCURS.

Referred to Orangeburg Delegation.

S. 525--DEBATE ADJOURNED

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

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).

RULE 5.14 WAIVED

Rep. J. BAILEY moved to waive Rule 5.14, which was agreed to by a division vote of 60 to 10.

Rep. FELDER spoke against the Senate amendments.

Rep. McLEOD moved to adjourn debate upon the Senate amendments until the end of the uncontested Calendar, which was adopted.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4231 -- Rep. Elliott: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 3 IN MARION COUNTY TO BORROW NOT EXCEEDING THREE HUNDRED THOUSAND DOLLARS FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT; TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD; AND TO PROVIDE THAT THE INTEREST EARNED IS NOT TAXABLE INCOME OR SUBJECT TO INSURANCE PREMIUM TAXES.

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.

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, J.
Baker                  Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, H.              Canty                  Carnell
Cato                   Chamblee               Cobb-Hunter
Cooper                 Corning                Cromer
Delleney               Elliott                Fair
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hines                  Holt                   Houck
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Lanford
Law                    Littlejohn             Marchbanks
Martin                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, June 2.

Dewitt Williams                   Toney L. Farr
Timothy F. Rogers                 C. Lenoir Sturkie
G. Ralph Davenport Jr.            George H. Bailey
James G. Mattos                   Richard M. Quinn, Jr.
H. Howell Clyborne Jr.            James H. Hodges
Juanita M. White                  William D. Boan
Larry L. Koon                     Thomas E. Huff
Alma W. Byrd
Total Present--123

LEAVES OF ABSENCE

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

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

H. 4275--ADOPTED

The following was introduced:

H. 4275 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.707, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, JUNE 2, 1993, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.707 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S.707 is set by special order for second reading or other consideration on Wednesday, June 2, 1993, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S.707 is given third reading or it is otherwise disposed of.

Rep. McTEER explained the House Resolution.

Rep. KIRSH spoke against the Resolution.

Rep. HALLMAN spoke in favor of the Resolution.

The Resolution was adopted by a division vote of 56 to 10.

H. 4226--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until July 4, 1993, which was adopted.

H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.

ORDERED TO THIRD READING

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

S. 801 -- Senators Wilson, Setzler, Ryberg and Lander: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

SENT TO THE SENATE

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

H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.

H. 4246 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1643, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.

S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.

S. 66 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-60-20, 40-60-30, 40-60-40, 40-60-50 THROUGH 40-60-80, 40-60-100, 40-60-120 THROUGH 40-60-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROVIDE CERTAIN DEFINITIONS; ESTABLISH PARAMETERS FOR PRACTICE BY STATE LICENSED REAL ESTATE APPRAISERS, STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS AND APPRAISER APPRENTICES; PROVIDE FOR COMPOSITION OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD; PROVIDE FOR APPLICATION, LICENSURE, PERMITTING AND CONTINUING EDUCATION FEES FOR APPRAISER APPRENTICES, STATE REGISTERED REAL ESTATE APPRAISERS, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE FOR QUALIFICATIONS, CRITERIA FOR INDIVIDUALS TO BECOME LICENSED, PERMITTED, REGISTERED OR CERTIFIED TO PRACTICE IN THE AREA OF REAL ESTATE APPRAISAL; TO PROVIDE FOR REGULATORY AND INVESTIGATORY AUTHORITY OF THE STATE REAL ESTATE APPRAISERS BOARD; TO AMEND CHAPTER 60, TITLE 40 OF THE 1976 CODE, RELATING TO REAL ESTATE APPRAISERS, BY ADDING SECTION 40-60-145, SO AS TO REQUIRE THAT THE REAL ESTATE APPRAISERS BOARD ADOPT THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE AS ITS OPERATING GUIDE; AND TO AMEND SECTIONS 40-60-150 THROUGH 40-60-170 AND 40-60-190 THROUGH 40-60-210, RELATING TO REAL ESTATE APPRAISERS, SO AS TO ESTABLISH COMPLAINT INVESTIGATION PROCEDURES FOR THE BOARD; AND TO PROVIDE FOR REGULATION OF THE USE OF THE TITLES OF APPRAISER APPRENTICE, STATE REGISTERED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISER.

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.

S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.

S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.

S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE, AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R. 136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions 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. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 735 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO HOME HEALTH CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1611, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.

S. 747 -- Judiciary Committee: A BILL TO AMEND 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER.

S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

S. 619--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.

Rep. T.C. ALEXANDER, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11541AC.93), which was adopted.

Amend the bill, as and if amended, Section 40-22-190(B)(2), page 3, line 31, by deleting /approved/ and inserting /approved/.

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned the Senate with amendments.

H. 3477--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until January 15, 1994, which was adopted.

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.

S. 608--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7364BD.93), which was adopted.

Amend the bill, as and if amended, Section 27-16-110(B)(2), SECTION 1, page 20, line 31, by deleting /either/ and, beginning on line 33, by deleting /, but not both, and on or off the Reservation, but not both/.

Amend further, Section 27-16-110(C)(4), SECTION 1, page 21, line 23, by striking /State law shall govern the percentage/ and inserting /At least fifty percent/ and, line 25, by deleting /that/.

Amend further by striking Section 27-16-110(C)(5), SECTION 1, page 21, beginning on line 29, and inserting:

/(5) The Tribe is entitled to two bingo licenses, and these licenses may be used to operate at two locations only. They are not assignable to any other entity or individual./

Amend further by striking Section 27-16-110(D), SECTION 1, page 21, beginning on line 36, and inserting:

/(D)     The Tribe may elect to operate one of the games under a special bingo license off the Reservation and not within the one hundred forty-four thousand acre Catawba Claim Area, but before doing so, it first must obtain the approval of the governing authority of the county and any municipality in which it seeks to locate the facility. If the Tribe elects to operate one or both of the games off the Reservation but within the one hundred forty-four thousand acre Catawba Claim Area, it shall do so in an area zoned compatibly for commercial activities after consulting with the municipality or county where a facility is to be located./

Amend further by striking Section 27-16-110(G), SECTION 1, page 22, beginning on line 29, and inserting:

/(G)     The Tribe may permit on its Reservation video poker or similar electronic play devices to the same extent that the devices are authorized by state law. The Tribe is subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law, except if the reservation is located in a county or counties which prohibit the devices pursuant to state law, the Tribe nonetheless must be permitted to operate the devices on the Reservation if the governing body of the Tribe so authorizes, subject to all taxes, license requirements, regulations, and fees governing electronic play devices provided by state law./

Amend further, Section 27-16-110(H), SECTION 1, page 23, beginning on line 1, by deleting /with respect to all revenues generated from bingo games/.

Amend further, Section 27-16-130(B), SECTION 1, page 26, line 7, after /under/, by inserting /the special bingo licenses under/ and, after /Section 27-16-110/, by inserting /(C)/.

Amend further, Section 27-16-130(D)(1), SECTION 1, page 27, beginning on line 4, by deleting /are exempt from all property taxes levied by the State a county, a school district, a special purpose district, and any other political subdivision. During ninety-nine years from the effective date of this chapter/ and, beginning on line 18, by deleting /during ninety-nine years from the effective date of this chapter/.

Amend further by striking Section 27-16-130(D)(2), SECTION 1, page 27, beginning on line 20, and inserting:

/(2)(a)     Single and multi-family residences, including mobile homes, situated on the Reservation are exempt from all property taxes levied by the State, a county, a school district, and a special purpose district if all the following apply:

(i)     They are owned by the Tribe, members of the Tribe, or Tribal Trust Funds.

(ii)     For single family residences, if they are occupied by a member of the Tribe or the surviving spouse of a deceased member of the Tribe.

(iii)     For multifamily residences:

a.     If the property is valued on a per unit basis, those units which are occupied by a member of the Tribe or the surviving spouse of a deceased member or are unoccupied are exempt from property taxes. All other occupied units are subject to property taxes to the same extent that similar property is assessed and taxed elsewhere in the same jurisdiction. Occupancy is determined on the assessment date for the property.

b.     If the property is not valued on a per unit basis, the property is exempt from property taxes based on the percentage of units which are occupied by a member of the Tribe or the surviving spouse of a deceased member of the Tribe, and the property is subject to property taxes to the same extent that similar property is assessed and taxed elsewhere in the same jurisdiction based on the percentage of units not so occupied. In calculating the value, unoccupied units must not be considered. Occupancy is determined on the assessment date for the property.

(iv)     Rental property constructed by the Tribe on the reservation through an Indian Housing Authority which is financed by HUD is exempt from all property taxes. In lieu of the taxes, the authority may agree to make payments to the county or a political subdivision for improvements, services, and facilities furnished by the county or political subdivision for the benefit of the housing project. However, the payments may not exceed the estimated cost to the county or political subdivision of the improvements, services, or facilities furnished.

(b)     For purposes of this section, residential property is deemed to be owned by a member of the Tribe if the member or the surviving spouse of a member owns at least a one-half undivided interest in the property, and a unit is deemed occupied by members of the Tribe if at least one member or the surviving spouse of a member is living in the single-family residence or in a unit of a multi-family residence./

Amend further, Section 27-16-130(E)(4), SECTION 1, page 29, line 25, by deleting /or lessor/.

Amend further, Section 27-16-130(I), SECTION 1, page 31, beginning on line 23, by deleting /, during ninety-nine years from the effective date of this chapter,/.

Amend further, Section 27-16-130, SECTION 1, page 32, after line 2, by inserting:

/(K)     The Indian Tribal Government Tax Status Act, 26 U.S.C. Section 7871, applies to the Tribe and its Reservation for South Carolina income tax purposes to the same extent as provided in the federal implementing legislation./

Amend further, SECTION 2, page 32, beginning on line 32, by striking /upon approval by/ and inserting /when/, line 33, by deleting /after he/, and, line 40, by striking /is/ and inserting /he also certifies as/.

Amend title to conform.

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

H. 3759--DEBATE ADJOURNED

The following Bill was taken up.

H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.

Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, June 3, which was adopted by a division vote of 20 to 18.

H. 3744--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3744 -- Rep. McElveen: A BILL TO AMEND SECTIONS 8-13-1300 AND 8-13-1314, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES AND CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT A CANDIDATE OR ANYONE ACTING ON HIS BEHALF FROM SOLICITING OR ACCEPTING A CONTRIBUTION FROM A BANK, CORPORATION, PARTNERSHIP, FIRM, OR NONCANDIDATE COMMITTEE, AS DEFINED IN SECTION 8-13-1300, AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE BY ADDING SECTION 12-7-1213, SO AS PROVIDE A TAX CREDIT OF TWENTY-FIVE DOLLARS TO INDIVIDUALS FOR POLITICAL CONTRIBUTIONS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 27, by the Committee on Judiciary.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Rep. R. YOUNG moved to commit the Bill to the Committee on Ways and Means, which was not agreed to by a division vote of 37 to 38.

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

S. 497--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until January 15, 1994, which was adopted.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 3631--DEBATE ADJOURNED

Rep. ELLIOTT moved to adjourn debate upon the following Bill until January 17, 1994, which was adopted.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

H. 3889--OBJECTIONS,
AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

AMENDMENT NO. 2

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, June 1, by Rep. FAIR.

Rep. McABEE spoke in favor of the amendment.

Reps. ROBINSON and WELLS objected to the Bill.

The amendment was then adopted.

Rep. CATO proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7360BD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 61-5-520, SECTION 1, page 2, beginning on line 7, and inserting:

/Section 61-5-520.     After approval by ordinance by the governing body of the county or municipality in which a qualified facility licensed to sell alcoholic beverages on its premises is located, the qualified facility also may sell the beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these guests, if the conditions of this chapter are met. Within ten days of approval by the governing body, qualified facilities within its jurisdiction and the South Carolina Alcoholic Beverage Control Commission must be notified of the approval./

Amend further, Section 61-5-570, SECTION 1, page 3, line 29, after /jurisdiction/ by inserting /after approval pursuant to Section 61-5-520/.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

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

S. 599--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 599 -- Senator Holland: 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.

Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6139SD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 47-9-720 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 47-9-720.     (A)     Except as provided in subsection (B), an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant resulting from an inherent risk of equine activity, and no participant or participant's representative may make a claim against, maintain an action against, or recover from an equine activity sponsor, or an equine professional, for injury, loss, damage, or death of the participant resulting from an inherent risk of equine activity.

(B)     Nothing in subsection (A) prevents or limits the liability of an equine activity sponsor, or an equine professional, if the equine activity sponsor, or equine professional:

(1)     (a)     provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it caused the injury; or

(b)     provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to manage safely the particular equine based on the participant's representations of his ability;

(2)     owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;

(3)     committed an act or omission that constitutes wilful or wanton disregard for the safety of the participant and that act or omission caused the injury; or

(4)     intentionally injured the participant.

(C)     Nothing in subsection (A) prevents or limits the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws.

(D)     The provisions of this article shall not cover or apply to any liability arising from the ownership, maintenance, or use of any motor vehicle./

Amend title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

S. 507 -- Senators Giese, Martin, Passailaigue, Washington, Rose, Ryberg, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.

S. 648--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.

Rep. RHOAD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7358BD.93), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION     __.     Section 50-23-30 of the 1976 Code is amended to read:

"Section 50-23-30.     The provisions of This chapter do does not apply to any a watercraft which has a valid marine document issued by the Bureau of Customs of the United States Government or a federal agency successor, commercial barges, windsurfers, and watercraft that are propelled exclusively by human power with oars, paddles, or similar devices."

SECTION     __.     Section 50-25-1330 of the 1976 Code is amended to read:

"Section 50-25-1330.     On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless both of the following apply:

(1)     The gas line has been disconnected and the engine or prop is trimmed out of water, and.

(2)     An electric trolling motor or engine of fifteen horsepower or less is mounted, but. However, pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five forty horsepower."

SECTION     __.     The 1976 Code is amended by adding:

"Section 50-23-15.     A marine dealer who fails to meet the minimum requirements for a dealer's permit annually may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year."/

Renumber sections to conform.

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

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

S. 589--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Reps. JENNINGS and RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7368SD.93), which was adopted.

Amend the bill, as and if amended, in Section 29-1-10 of the 1976 Code, as contained in SECTION 1, by adding a new paragraph at the end to read:

/Any mortgage or other instrument executed or modified of record after the effective date of this paragraph which affects a lien upon any real property interest held by a gas or electrical utility or electric cooperative and is intended to take advantage of the provisions of this section shall state on its face that the lien continues until satisfied or released of record regardless of whether or not the instrument states a maturity date, and shall also state on its face that it is subject to the provisions of this section./

Amend further by striking SECTION 6 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

S. 656--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.

Rep. LANFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4804AL.93), which was adopted.

Amend the bill, as and if amended, Section 20-7-3230(A)(5), SECTION 1, page 2, by striking line 5 through 9 and inserting:

/"(5)     Each secure facility which detains preadjudicatory youth longer than twenty-four hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities/

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

S. 707--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO
FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

Rep. HALLMAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7332SD.93), which was adopted.

Amend the bill, as and if amended, in Section 39-5-325(A) of the 1976 Code, by adding immediately after /transportation/ on the last line of subsection (A) the following:

/where the intent or effect is to destroy or substantially lessen competition or to injure a competitor./

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

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

Yeas 84; Nays 6

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Baker                  Baxley
Breeland               Brown, G.              Brown, H.
Byrd                   Carnell                Chamblee
Corning                Cromer                 Davenport
Delleney               Felder                 Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harvin                 Haskins                Hines
Holt                   Huff                   Hutson
Inabinett              Keegan                 Kelley
Kinon                  Klauber                Koon
Lanford                Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Scott
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stuart                 Sturkie                Thomas
Townsend               Tucker                 Vaughn
Waites                 Wells                  Whipper
Wilder, D.             Wilder, J.             Wilkes
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--84

Those who voted in the negative are:

Fair                   Jaskwhich              Kirsh
Moody-Lawrence         Rogers                 Rudnick

Total--6

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

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the above referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 707     General Subject Matter: Petroleum Marketing

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

My partner represents the Petroleum Marketers Board in non-legislative matters.

Rep. ROBERT J. SHEHEEN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the above referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 707     General Subject Matter: Unfair Trade Practice

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TEDDY N. TROTTER

S. 525--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

Debate was resumed on the Senate amendments to the following Bill.

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).

Reps. FELDER and RICHARDSON spoke in favor of the Senate amendments.

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

H. 3636--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

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

H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

Rep. McLEOD proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10664JM.93), which was adopted.

Amend the bill, as and if amended, in Section 40-57-155, as contained in SECTION 1, page 3, by striking line 23 and inserting:

/duties imposed upon them by law.

A licensee upon reaching the age of sixty, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."/

Amend title to conform.

Rep. McLEOD explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3553--DEBATE ADJOURNED

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

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 moved to adjourn debate upon the Senate amendments, which was adopted.

H. 3372--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

Rep. JENNINGS explained the Senate amendment.

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

S. 440--DEBATE ADJOURNED

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

S. 440 -- Senators Reese, Courtney and Russell: 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.

Rep. HODGES moved to adjourn debate upon the Senate amendments, which was adopted.

S. 567--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.

Rep. COBB-HUNTER 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.

H. 3897--SENT TO THE SENATE

The following Bill was taken up.

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.

Rep. HOLT moved to adjourn debate upon the Bill until January 17, 1994.

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

The question then recurred to the passage of the Bill on third reading.

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

H. 4190--AMENDED AND ADOPTED

The following House Resolution was taken up.

H. 4190 -- Reps. Wofford, Clyborne, Law, McElveen, Corning, Hodges, Hutson, H. Brown, Boan, Stone, Shissias, Neal, Cobb-Hunter, Rogers, Waites, Delleney and Barber: A HOUSE RESOLUTION PROVIDING FOR A TASK FORCE TO STUDY ALL ASPECTS OF THE PROBLEM OF WELFARE DEPENDENCY IN SOUTH CAROLINA AND RECOMMEND TO THE HOUSE OF REPRESENTATIVES METHODS OF WELFARE REFORM.

Amend Title To Conform

Whereas, the welfare system was developed in this country to assist temporarily families who were unable to provide for their basic needs and to provide a foundation for families to better themselves; and

Whereas, this system often has failed to be the springboard to self-sufficiency and independence that it was thought to be; and

Whereas, too many families, and even generations of families, have grown increasingly dependent on the welfare system and unable to break the welfare cycle; and

Whereas, welfare policy should promote pride, responsibility, and independence and should assist families in breaking the welfare cycle; and

Whereas, to achieve this goal, it is necessary to conduct an extensive study of the welfare system in an effort to develop methods of restructuring public assistance programs in this State and to reallocate scarce resources so as to further self-sufficiency for recipients of public assistance. Now, therefore,

Be it resolved by the House of Representatives:

That:

I.     (A)     There is established a task force to study welfare reform in this State, to be composed as follows:

(1)     three members of the House Judiciary Committee;

(2)     four members of the House Medical, Military, Public and Municipal Affairs Committee, all from Subcommittee 5 of that committee;

(3)     three members of the House Ways and Means Committee;

(4)     one current and one former recipient of Aid to Families with Dependent Children (AFDC) to be appointed by the commissioner of the South Carolina Department of Social Services;

(5)     the commissioner of the Department of Health and Environmental Control or his designee;

(6)     the executive director of the Health and Human Services Finance Commission or his designee;

(7)     the executive director of the Employment Security Commission;

(8)     the executive director of the State Board for Technical and Comprehensive Education or his designee;

(9)     the commissioner of the South Carolina Department of Social Services or his designee;

(10)     the State Superintendent of Education or her designee;

(11)     a member of the South Carolina Legal Services Association appointed by the president of that association;

(12)     a member of the South Carolina Hospital Association to be appointed by the president of that association;

(13)     a member of the South Carolina Medical Association to be appointed by the president of that association;

(14)     two persons from the private sector to be appointed by the chairperson of the task force;

(15)     a member of the Urban League to be appointed by the president of the Urban League;

(16)     a member of the South Carolina Chapter of the American Civil Liberties Union to be appointed by the chapter president;

(17)     a member of a local ministerial outreach organization in South Carolina to be appointed by the chairperson of the task force;

(18)     a member of the United Way of South Carolina to be appointed by the president of the United Way of South Carolina; and

(19)     a member of the Alliance for South Carolina's Children to be appointed by the president of the Alliance for South Carolina's Children;

(20)     a member of South Carolina Fair Share to be appointed by the chief executive officer of South Carolina Fair Share;

(21)     such other members as the chairperson and task force members consider necessary to carry out the responsibilities and duties of the task force.

The members of the task force under items (1), (2), and (3) of subpart (A) of this Part I shall be the voting members of the task force; the members of the task force under items (4) through (19) of subpart (A) shall be nonvoting members of the task force.

(B)     The Speaker of the House of Representatives shall appoint the task force members from the House of Representatives under items (1), (2), and (3) of subpart (A). The chairperson of the task force and a vice chairperson shall be elected by the voting members of the task force.

(C)     Vacancies occurring on the task force for any reason must be filled in the same manner as the original appointment or designation.

(D)     Staff to assist the task force shall be provided by the South Carolina Department of Social Services, the House Judiciary Committee, the House Medical, Military, Public and Municipal Affairs Committee, and the House Ways and Means Committee, as assigned by the Speaker of the House of Representatives, with the concurrence of the commissioner of the South Carolina Department of Social Services in the case of staff personnel from that agency.

(E)     The members of the task force shall receive the usual mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions when engaged in the actual performance of their duties as members of the task force, to be paid from the approved accounts of the House of Representatives. Staff assisting the task force, as provided under subpart (D) of this Part I, shall receive no compensation for their services in addition to their normal compensation as state employees, except that the voting members of the task force, by majority vote, may authorize the payment of mileage and subsistence to staff personnel when such personnel are engaged in the actual performance of task force work at a location more than twenty-five miles from Columbia, to be paid from the approved accounts of the House of Representatives.

(F)     The task force shall meet as often and in such locations in the State as the chairperson or a majority of the voting members of the task force shall designate. At the direction of the chairperson, the task force may be divided into subcommittees for the purposes of meeting and carrying out the functions of the task force.

II.     (A)     The task force shall study all aspects of the problem of welfare dependency in this State, including, but not limited to, the following:

(1)     methods of providing job training for both custodial and noncustodial parents of children receiving AFDC;

(2)     methods of enforcing parental responsibility for child support;

(3)     methods of providing, and the availability of, thorough family planning counseling and assistance;

(4)     methods to encourage recipients to limit the number of children born into families receiving AFDC;

(5)     providing incentives for AFDC recipients to enter and remain in the workplace;

(6)     developing methods and resources which will prevent persons from having to seek assistance from the AFDC program;

(7)     availability of child care services for AFDC recipients making the transition to self-sufficiency; and

(8)     any alternatives to the current AFDC program that could be proposed to the federal government for pilot programs.

(B)     The task force shall submit to the House of Representatives its recommendations for welfare reform in this State in the form of a written report identifying laws which need to be amended or repealed or which should be added to the 1976 Code of Laws and identifying and seeking waivers to federal obstacles to state flexibility. The report must be submitted by January 15, 1994, upon which submission the work of the task force shall be concluded and the task force dissolved.

III.     The task force may procure information and assistance from any officer or agency of the State or of a political subdivision of the State, and every such officer and agency shall provide the task force relevant information and reasonable assistance on matters of research within their knowledge and control.

Rep. COBB-HUNTER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7347AC.93), which was adopted.

Amend further by inserting after item (18) on page 3, line 11:

/(19)     a member of the Alliance for South Carolina's Children to be appointed by the president of the Alliance for South Carolina's Children;

(20)     a member of South Carolina Fair Share to be appointed by the chief executive officer of South Carolina Fair Share;/

Renumber items to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

The amendment was then adopted.

The Resolution, as amended, was adopted.

S. 803--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.

Amend Title To Conform

Now, therefore,

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

That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 3, 1993, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:

(1)     When the respective Houses of the General Assembly adjourn on Thursday, June 3, 1993, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 8, 9, and 10, 1993, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided that, the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 10, 1993, for the ratification of acts which have been enrolled prior to that date;

(2)     When the respective houses adjourn on June 10, 1993, they shall stand adjourned to meet in regular statewide session at 10:00 a.m. on Wednesday June 16, 1993, and may continue in session daily for the consideration of:

(A)     gubernatorial vetoes;

(B)     receipt and confirmation of appointments;

(C)     receipt of and action on conference and free conference reports;

(D)     ratification of acts;

(E)     local matters where the affected delegation is unanimous;

(3)     When the General Assembly adjourns on thursday, June 24, 1993, no later than 5:00 p.m., and it may stay in session no later that 5:00 p.m. on that day, it shall stand adjourned sine die.

Reps. SHEHEEN, WILKINS, T.C. ALEXANDER, BOAN, HODGES, MCTEER, PHILLIPS, RHOAD and WALDROP proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7355SD.93), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 3, 1993, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:

(1)     When the respective Houses of the General Assembly adjourn on Thursday, June 3, 1993, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 8, 9, and 10, 1993, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided that, the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 10, 1993, for the ratification of acts which have been enrolled prior to that date;

(2)     When the respective houses adjourn on June 10, 1993, they shall stand adjourned to meet in regular statewide session at 10:00 a.m. on Wednesday, June 16, 1993, and may continue in session daily for the consideration of:

(A)     gubernatorial vetoes;

(B)     receipt and confirmation of appointments;

(C)     receipt of and action on conference and free conference reports;

(D)     ratification of acts;

(E)     local matters where the affected delegation is unanimous;

(3)     When the General Assembly adjourns on Thursday, June 24, 1993, no later than 5:00 p.m., and it may stay in session no later that 5:00 p.m. on that day, it shall stand adjourned sine die./

Renumber sections to conform.

Amend totals and title to conform.

The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.

Further proceedings were interrupted by the Joint Assembly.

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 A COURT OF APPEALS JUDGE, SEAT 1

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

S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.

Senator McConnell, on behalf of the Joint Screening Committee, announced that all candidates screened had been found qualified.

The President announced that nominations were in order for a Court of Appeals Judge, Seat 1.

Rep. HALLMAN withdrew Mr. Ben A. Hagood, Jr. as a candidate as follows:

"Mr. President, Mr. Speaker, fellow members...Ben Hagood, a resident of Sullivan's Island entered this race. Ben Hagood is an Assistant U. S. Prosecutor and he didn't have the time to come and really enter this race like he should to win. He has asked me to thank each of you who have extended courtesies to him and to tell you that after I withdraw his name today, be assured that he is going to come back and visit with you and on the next opening, he is going to give you the opportunity to vote for a well qualified individual. I hereby withdraw the name of Ben Hagood."

Rep. BARBER nominated the Honorable Carol Connor as follows:

"Mr. President, Mr. Speaker, Members of the Joint Assembly. It is my honor today to place in nomination for a seat on the South Carolina Court of Appeals, the Honorable Carol Connor. I have known Carol Connor since we were students over two decades ago. Even as a student, Carol demonstrated a commitment to the principles upon which our law is founded: scholarship, discipline, courage, fairness, integrity. As judge of Family Court and as judge of Circuit Court, Carol Connor committed herself to the belief that the first responsibility of any society is justice, and that justice is truth in action. For throughout her career--and it has ranged from mother to scholar, leader to lawyer--Carol Connor has pursued the truth. For example, I think you remember well when she was confronted with difficult, high stakes legal question and issues when the Foundation at the University of South Carolina refused to reveal its records. Who made them do it? Judge Carol Connor. When the stakes were high, she produced a reasoned, sound opinion, which is what an Appellate Judge is charged to do. You, the members of this General Assembly, are also charged with making a difficult decision, a decision to be made on the basis of merit, of truth, of sound reasoned opinion. This is not the time to take a walk, but to stand up for principle and be counted. This is not the time to reward longstanding political relationships; it is time to stand up for principle and be counted. We cannot ask judges to stand firm on principle if we are not willing to do so ourselves. We, the members of the General Assembly of South Carolina, have chosen to give ourselves the responsibility of choosing our judiciary. In doing so, we have given ourselves the responsibility of choosing as judges those candidates with the greatest demonstrated abilities, the superior qualifications. When the vote is finished today, everyone in this Chamber ought to be able to say, without hesitation, that he or she cast his or her vote based on the honest conclusion of superior qualifications. In my opinion, both candidates are qualified, and both can perform satisfactorily as Appellate Court judges. But we must choose between the two, and we must choose the best. It is no fun to be in the predicament we are in, but we have asked for it, and it is our duty to choose the most qualified candidate, not for our individual benefit, but for what is best for the people of South Carolina. To me, the decision before us is much like the decision for a basketball coach whose brother is on the team, and he must decide who will start. Will he play his brother, who he loves, or will he start the best player, who he knows will best serve the interests of teammates and the team's supporters? At moments like this, moments when individuals of compassion and judgement assume the weighty requirements of judicial selection, there are likely to be many questions. However, I would suggest that a critical issue before us today is, which of the two candidates is better qualified? Put the qualifications down side-by-side. Carol Connor was born and raised in Kingstree, and attended public schools in Williamsburg County. She later enrolled in Converse College, where I first knew her, and there she earned numerous awards for service, scholarship, and leadership. Upon graduating from the University of South Carolina Law School in 1976, Carol worked as an Assistant Attorney General, and as Assistant and Deputy Public Defender in Richland County. After three years in private practice, Carol Connor was elected Family Court judge, and in 1988 became the first and only woman in South Carolina history to be elected to the position of Circuit Court judge. In her 17 years as a practicing lawyer and judge, she has earned praise and esteem from virtually everyone for whom the law and law enforcement is a way of life. Her awards, honors, and professional affiliations, while important and telling, are simply too numerous to detail here. And it would be a mistake to suggest simply that a resume says it all. On the contrary, and more importantly, Judge Connor is someone whose experience has shaped a broad respect for the law, its power and its responsibilities. Beyond that, because of her judicial experience, she is someone who recognizes that the final, the true justification, of the law lies in the good that it achieves for the people of our State. So, what does all of this tell us about Carol Connor, and the kind of Appeals Court judge she will be? Judge Connor has a record on the bench. She is a known quantity. What does that record tell us? On the Circuit Court bench, she has shown a record of fairness. We know that. We know that she is fair to everybody--plaintiffs and defendants in civil trials, victims and defendants in criminal trials. In Family Court, she established judicial reputation for integrity, for sensitivity, for compassion, for seeking new solutions when old ones did not seem to work. She had to struggle over decisions like which parent should have custody of a child, and what is the proper placement for an abused or neglected child. She has proven to you and to the people of this great State that she can listen to all sides and be objective and fair. And, distinguished ladies and gentlemen, let me add this: in a complex world that changes by the moment, Carol Connor is grounded in reality. She is a PTA mom. She car pools. She is raising three young sons. We can talk forever about Judge Connor's ability to balance the issues of the day before rendering a decision. But every day, she balances the responsibilities of wife, mother, and career. And I assure you, she has done so with the same success that has characterized her life in the service of our State and its citizens. In this year when many are crying out for restructuring and reform and many are criticizing our method of selecting judges, we need to prove to the cynics what we in this body know: that we do have a good, fair method of selecting judges; and -- that we do have the ability to make well-reasoned choices of judges without allowing external pressures and emotions affect our decisions. Ladies and gentlemen, I feel that this is much like a closing argument to a jury. The lawyer who goes last sometimes has the edge. I am sure that you will hear a moving speech on behalf of Tom Huff, a good man and a qualified man. But I am asking you to put aside the emotions and the furor that have dominated the selection process during this last week. I ask you to do what the people of South Carolina have asked Carol Connor to do for the last ten years. I ask you to do the same thing that Carol Connor asks the jury to do when she charges them on the law at the conclusion of a trial: and that is: first, put all the externals aside; second, look at the evidence clearly, carefully, and deliberately; thirdly, make a sound, rational decision based on calm, reasonable reflection. We are making a mistake to make our selection based on anything other than qualifications. If politics and partisanship were set aside, if our selection process were insulation from all that, Carol Connor stands out. She is the superior candidate. She is the more qualified candidate. She is the more experienced candidate. She is the more prepared candidate. I would like to emphasize that your vote today will say nothing negative about anyone. Lawyers often say about the trial of a case: if the facts are on your side, argue the facts; if the law is on your side, argue the law; if neither is on your side, confuse the jury. There have been many efforts about this in the past week or two to confuse the jury composed of the House and Senate members. I can assure you that nobody regrets more than Carol Connor the political dispersions and character assassinations that have proliferated during the last week. I beg you--do what you promised your constituents you would do when you 'got to Columbia,' and that is--'do the right thing.' And if you do the right thing, when you go to sleep tonight, and when you head home tomorrow--whether home is Walhalla, or Bamberg, or Rock hill, or Sumter, you will not have to worry when you see your constituents at the corner grocery store or the local gas station. Because no one will have right to criticize your verdict."

Rep. CROMER, Senators Mitchell, O'Dell, Patterson, Reps. SCOTT, WILKES, Senator Leventis, Reps. KENNEDY, HARVIN, ROGERS, KEYSERLING, HARRELSON, RICHARDSON, McELVEEN, MARTIN, WITHERSPOON, THOMAS, SNOW, D. WILDER, JENNINGS, Senators Williams, Land, Rep. MOODY-LAWRENCE, Senators Greg Smith, Cork, Mescher, McGill, Jackson, Rep. J. BAILEY, Senators Lander, Wilson and Rep. WRIGHT seconded the nomination.

Rep. WILKINS nominated Mr. Thomas E. Huff as follows:

"Mr. President, ladies and gentleman of the Joint Assembly, it is my distinct privilege and honor today to nominate Tommy Huff for Seat One of the Court of Appeals. I am very proud to be standing before you to nominate to the second highest court in this State someone for whom I have so much respect. I can honestly say that in my entire 13 years in the legislature, that this has been by far the toughest, closest, and hardest fought, judicial race I have ever witnessed. There has been much said about this race. You have heard all the rumors, you have read about it in the newspaper, you've seen it on T.V., And we've heard all about qualifications upon qualifications, upon qualifications. In fact, I fully expected to see a transcript of the grammar school grades of the candidates circulating before this race was over. You may talk about all the qualifications you want, but what's really the most important thing in selecting a judge is the quality of the person that we put on the bench in South Carolina. I am thankful for this opportunity to tell you about the quality of the person of Tommy Huff that I have grown to know and respect and love during my 13 years in the General Assembly. If you're looking for a success story, you don't need to look any further than Tommy Huff. He's literally pulled himself up by his boot straps. He was born of very modest means. His father was a construction worker and the family moved around from place to place as jobs were found, but they always called Aiken their home. And no one in his family had ever aspired to college, much less completed college. But that was not good enough for Tommy Huff. By the tenth grade he had a dream and that dream was to go to college, attend law school and become a lawyer. And so he set out on his dream and he worked his way through college, working on nights and on weekends selling shoes and men's clothing. He paid his way to USC-Aiken and then transferred to Augusta College, where he graduated in 1971 with a degree in Business Administration. He then entered USC Law School, again having to work to pay his own way. Nothing has ever come easy for Tommy Huff, nobody has ever paved the way for him. Everything he's achieved, he has earned on his own. And in his first few months of law school he developed a serious illness that plagued him for years. That illness forced him out of law school for a year. And while most of us might become discouraged and might quit, Tommy Huff did not. For you see, Tommy Huff is not a quitter, he's a winner. And so he re-entered law school the next year and then graduated on time three years later. Tommy married his second year in law school. His wife Tricia and Tommy both worked to put him through law school. They soon adopted a child. They have been married almost 20 years. Their daughter, Tiffany, is 16 years old and they are in the balcony today. Tommy Huff opened his own law practice in February of 1977. And he has been a sole practitioner in North Augusta ever since then. He has maintained a general plaintiff's practice with primary emphasis in family law, personal injury work, workers compensation and some criminal practice. He's appeared in Criminal court, Magistrates court, Civil court, Family Court and Circuit court. He's handled jury trials, non-jury trials, civil cases, criminal cases, wreck cases, family court cases, and appeals. You name it, he's done it. And when you're a sole practitioner, as any lawyer can tell you, you don't have the luxury of having some specialty where you do the same thing day in and day out. But you acquire a broad spectrum of experience because you have to do it all. You draw a will in the morning, you try a custody case in the afternoon. You stand before a judge pleading a defendant guilty of a serious criminal charge the next day. You try a property division case before the Master-In-Equity the next afternoon. You strike a jury the next day. You are forced to acquire vast legal experience on a vast spectrum of subjects and in different courts when you practice by yourself. And that is exactly what Tommy Huff has done for the past 16 years. Less than two years after Tommy began practicing law in North Augusta, he ran successfully to the House and has served with great distinction in this Body since 1979. To say that during his years in the House he has been a real leader would really be an understatement. We all know him. We all know he's proven his mettle time and time again. He has served as Chairman of the Rules Committee in the House. He has served and still does serve as Subcommittee Chairman of one of the most active subcommittees on the Judiciary Committee, the General Laws Subcommittee. When I was Chairman of the Judiciary Committee for six years, Tommy Huff was one of the strengths of the committee. As Chairman of that Subcommittee he was a workhorse. He is not a showhorse, he was a workhorse. And you could always depend on Tommy Huff. Tommy Huff as an attorney not only knows the law but he has helped shape the law for the last 15 years. One, his subcommittee several years ago wrote the tort reform act. And it was a very detailed review of our civil trial system and the rules of evidence and damages, statute of limitations. It was a very thorough examination of entire tort system. So he not only knows the law, he's written the law. Second, he was co-author, floor leader and on the conference committee of one of the most sweeping changes to our family court system, the equitable division statute. Third, he was a member of the joint legislative negotiating team which hammered out the Southeastern Low-level Waste Compact. Fourthly, he was a early supporter and floor leader of the comprehensive education improvement act. The Tommy Huff that I know and that I nominate for the court of appeals today, has wide ranging legal and legislative experience. But beyond that, it is the quality of the person that makes him the best candidate qualified for the court of appeals. We have all seen him exhibit time and time again moral integrity, strong character. An unbelievable strong work ethic. And his whole life has been about having enough courage to persevere. To get knocked down and pick himself up, and keep working for his goal. Where other people might give it up, Tommy Huff was always there fighting to come back. And probably the most important thing that we can look for in a candidate is his or her temperament. We call it judicial temperament, but what is it? It's about having compassion. It's about being fair. It's about being even-handed. It's about being steady. And Tommy Huff possesses the judicial temperament we want in our judges and I've witnessed day in and day out in this legislative body. We've heard rumors about bar exams. I am much much more concerned about character, moral integrity, compassion, judicial temperament, than I am about how a candidate did on a test score over 15 years ago. I am more concerned about his heart and his ability to treat people fairly and his work ethic. And those are the things I want in a judge and those are the things I have seen first hand Tommy Huff exhibit day in and day out. And he'll carry those characteristics to the bench just like he has carried them during his 15 years of service to the legislature. He does not have any judicial experience. If you had to have judicial experience to get to the Appellate Court, then only judges could run for the court. In 1983, when we created the court, the majority of those people we elected were not judges. They did not have judicial experience. You don't have to have judicial experience to be an Appellate Court Judge. Jean Toal is one of the absolutely outstanding Appellate Court judges in this country. She did not have judicial experience. This Body elected her from that seat right over there. I know about his compassion. I know about his ability to get along with people. I know about his caring for others. I know about his people skills, his work ethic, his character, and his integrity and his intelligence. He's a wise man. He's able. He's intelligent. We've all seen it. And he'll carry those characteristics to the bench just like he has carried them during his 15 years of service to the legislature. In addition to his work ethic and his character and integrity, I will tell you that Tommy Huff is impeccably honest and he's fair. And he will bring a degree of humility and common sense to the bench that sometimes is sorely needed. He has that good ole common sense and that ability to figure out what's right and what's fair in any given situation. He is impeccably honest. He is not only qualified, he is a quality person. I am proud of Tommy Huff. I would not be nominating Tommy Huff and recommending that you vote for Tommy Huff if I didn't believe with all my heart and soul that he was more than qualified for the Court of Appeals. I know without a doubt that Tommy Huff will make an outstanding Appellate Judge. His legal career, his legislative career, his commitment to his community, and to his family, have all qualified him to be placed on the Court of Appeals. And I know that he will render outstanding service to the judicial system of South Carolina. And so it is with a great deal of pride that I place in nomination for seat one of the Court of Appeals, the name of Tommy Huff."

Reps. FULMER, HALLMAN, R. YOUNG, SHARPE, GONZALES, KEEGAN, WALDROP, H. BROWN, WOFFORD, CLYBORNE, WHITE, HASKINS, CATO, FAIR, MARCHBANKS, TROTTER, GRAHAM, J. WILDER, WELLS, BAKER, A. YOUNG, COOPER, HUTSON, LITTLEJOHN, R. SMITH, STONE, RUDNICK, Senators Martin, Drummond and Rep. HARRELL seconded the nomination.

On motion of Senator McConnell, 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. Connor:

Bryan                  Cork                   Courson
Courtney               Giese                  Gregory
Hayes                  Holland                Jackson
Land                   Lander                 Leatherman
Leventis               McConnell              McGill
Mescher                Mitchell               O'Dell
Passailaigue           Patterson              Rankin
Reese                  Richter                Rose
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Waldrep
Washington             Williams               Wilson

TOTAL--33

The following named Senators voted for Mr. Huff:

Drummond               Ford                   Macaulay
Martin                 Matthews               Moore
Peeler                 Smith, J.V.            Thomas

TOTAL--9

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

The following named Representatives voted for Ms. Connor:

Alexander, M.O.        Anderson               Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Boan                   Brown, G.
Byrd                   Canty                  Chamblee
Cromer                 Davenport              Elliott
Farr                   Felder                 Gamble
Harrelson              Harvin                 Houck
Jennings               Kelley                 Kennedy
Keyserling             Kinon                  Martin
Mattos                 McAbee                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Richardson             Riser
Rogers                 Scott                  Snow
Stille                 Thomas                 Waites
Wilder, D.             Wilkes                 Witherspoon
Wright

Total--49

The following named Representatives voted for Mr. Huff:

Alexander, T.C.        Allison                Baker
Beatty                 Breeland               Brown, H.
Carnell                Cato                   Clyborne
Cobb-Hunter            Cooper                 Corning
Delleney               Fair                   Fulmer
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Hines                  Hodges                 Huff
Hutson                 Jaskwhich              Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McKay                  Meacham                Phillips
Rhoad                  Robinson               Rudnick
Sharpe                 Sheheen                Simrill
Smith, R.              Spearman               Stoddard
Stone                  Stuart                 Sturkie
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whipper                White
Wilder, J.             Wilkins                Williams
Wofford                Young, A.              Young, R.

Total--66
RECAPITULATION

Total Number of Senators voting     42
Total Number of Representatives voting     115
Grand Total     157
Necessary to a choice     79
Of which Ms. Connor received     82
Of which Mr. Huff received     75

Whereupon, the President announced that the Honorable Carol Connor having received a majority of the votes cast was duly elected for the term prescribed by law.

RECORD FOR NOT VOTING
HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

The Honorable Robert J. Sheheen
Speaker, S.C. House of Representatives
506 Blatt Building
Columbia, S.C. 29211

Dear Mr. Speaker:

South Carolina Code Section 8-13-700 defines conflict of interest and states "No public official who is placed in a situation in which he is required to take action through the discharge of his official duties which would result in such conflict, he must excuse himself from votes," etc., and submit a written record for the presiding officer stating the reason for the recusal.

A member of my immediate family has accepted a law clerk position with the S.C. Court of Appeals effective later this summer.

Therefore, I am recusing myself from all joint assembly elections involving races for seats on the S.C. Court of Appeals.

Respectfully,
B. HICKS HARWELL

RECORD FOR NOT VOTING

I abstained from voting form this particular race because of a campaign promise not to vote for seated legislators running for judgeships. Also, I felt the controversy surrounding the Bar screening process damages all the candidates for the position.

Rep. RICHARD M. QUINN, JR.

RECORD FOR VOTING

I hereby state that I voted for Tom Huff for the Seat One of the Court of Appeals and upon checking the roll call my vote did not register. My seatmate, Rep. MARK KELLEY verifies my vote.

Rep. THOMAS G. KEEGAN

ELECTION OF COASTAL CAROLINA UNIVERSITY
BOARD OF TRUSTEES,
SOUTH CAROLINA STATE UNIVERSITY
BOARD OF TRUSTEES,
BOARD OF VISITORS OF THE CITADEL, AND
WIL LOU GRAY OPPORTUNITY SCHOOL
BOARD OF TRUSTEES

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

S. 775 -- Senators Wilson, Macaulay, Giese, Glover and Rankin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.

COASTAL CAROLINA UNIVERSITY BOARD OF TRUSTEES

The President announced that nominations were in order for fifteen members of the Coastal Carolina University Board of Trustees.

FIRST CONGRESSIONAL DISTRICT
SEAT 1, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Dr. James E. Dunn, Dr. Elnora Sue Metzger and Clark Parker.

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 Dunn:

TOTAL--0

The following named Senators voted for Metzger:

Ford                   Glover                 McConnell
Mescher                Mitchell               Washington

TOTAL--6

The following named Senators voted for Parker:

Bryan                  Cork                   Courson
Courtney               Drummond               Elliott
Giese                  Gregory                Hayes
Holland                Jackson                Lander
Leatherman             Macaulay               Martin
Matthews               McGill                 Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Rose                   Russell                Ryberg
Saleeby                Setzler                Short
Smith, G.              Smith, J.V.            Stilwell
Thomas                 Waldrep                Williams
Wilson

TOTAL--37

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

The following named Representatives voted for Dunn:
Graham

Total--1

The following named Representatives voted for Metzger:

Bailey, J.             Breeland               Brown, H.
Byrd                   Cobb-Hunter            Cromer
Davenport              Gamble                 Harrell
Holt                   Inabinett              Kirsh
Moody-Lawrence         Scott                  Shissias
Stuart                 Whipper                White
Wilkins                Williams               Wofford

Total--21

The following named Representatives voted for Parker:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Baxley                 Boan
Brown, G.              Canty                  Carnell
Cato                   Chamblee               Clyborne
Corning                Delleney               Elliott
Felder                 Fulmer                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hines                  Houck
Hutson                 Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rudnick                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wilder, D.             Wilder, J.
Wilkes                 Witherspoon            Worley
Young, A.              Young, R.

Total--83
RECAPITULATION

Total Number of Senators voting     43
Total Number of Representatives voting     105
Grand Total     148
Necessary to a choice     75
Of which Dunn received     1
Of which Metzger received     27
Of which Parker received     120

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

FIRST CONGRESSIONAL DISTRICT
SEAT 2, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated James J. Johnson and Robert D. Wilson.

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 Johnson:

Bryan                  Cork                   Courson
Courtney               Drummond               Elliott
Ford                   Giese                  Glover
Gregory                Hayes                  Holland
Jackson                Land                   Lander
Leatherman             Macaulay               Martin
Matthews               McConnell              McGill
Mescher                Mitchell               Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Reese
Rose                   Russell                Ryberg
Saleeby                Setzler                Short
Smith, G.              Smith, J.V.            Stilwell
Thomas                 Washington             Williams
Wilson

TOTAL--43

The following named Senators voted for Wilson:
Waldrep

TOTAL--1

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

The following named Representatives voted for Johnson:

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

Total--109

The following named Representatives voted for Wilson:

Gamble                 Graham                 Stuart
Thomas

Total--4
RECAPITULATION

Total Number of Senators voting     44
Total Number of Representatives voting     113
Grand Total     157
Necessary to a choice     79
Of which Mr. Johnson received     152
Of which Mr. Wilson received     5

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

SECOND CONGRESSIONAL DISTRICT
SEAT 3, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Oran P. Smith.

Senator J. Verne Smith nominated Mr. Oran P. Smith as follows:

"Oran P. Smith is a native of Greer, South Carolina. He was educated in the public schools of the School District of Greenville County and Hampton Part Christian School, where he received his high school diploma. Oran graduated from Clemson University in 1985 with a Bachelor of Arts degree in political science with a minor in history. While at Clemson, he served as President of the Student Senate, and was a member of numerous university-wide committees. The South Carolina Student Legislature named him The Outstanding Legislator of its 1984 session. He also was appointed by the President of Clemson University as his representative to the National Student Assembly, an academic conference sponsored by the United States Air Force Academy. Oran has worked for the General Services Administration and several private historical associations in Washington, for an association of cities and counties headquartered in Charlotte, and for the Office of the Governor, Division of Economic Development. Since 1988, he has served as Executive Director of the Columbia based Foundation for American Education. In 1990 he received the Master of Public Administration (M.P.A.) degree from the University of South Carolina in Columbia and is currently completing his dissertation for the Ph. D. in Department of Government and International Studies at U.S.C. Oran has been selected for Who's Who and has been named to Outstanding Young Men in America. He lives in Columbia with his wife of eight months, the former Kristin Waite of Greenville."

On motion of Rep. STODDARD, 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 Oran P. Smith was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT
SEAT 4, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated James F. Kane and Dr. Walter P. Witherspoon, Jr.

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 Kane:

Bryan                  Cork                   Elliott
Ford                   Giese                  Glover
Gregory                Holland                Jackson
Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Mescher                Mitchell
Moore                  O'Dell                 Passailaigue
Patterson              Rankin                 Reese
Richter                Saleeby                Short
Smith, G.              Washington             Williams

TOTAL--30

The following named Senators voted for Witherspoon:

Courson                Drummond               Hayes
Lander                 Macaulay               Peeler
Rose                   Russell                Ryberg
Setzler                Smith, J.V.            Stilwell
Thomas                 Waldrep                Wilson

TOTAL--15

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

The following named Representatives voted for Kane:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Byrd                   Canty
Cato                   Chamblee               Cobb-Hunter
Cromer                 Delleney               Farr
Fulmer                 Govan                  Hallman
Harrell                Harrelson              Harris, P.
Harrison               Harvin                 Hines
Holt                   Houck                  Hutson
Inabinett              Jennings               Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Lanford                Mattos
McAbee                 McElveen               McKay
McLeod                 Neal                   Neilson
Phillips               Rhoad                  Richardson
Robinson               Rogers                 Rudnick
Sheheen                Shissias               Smith, D.
Smith, R.              Stille                 Stoddard
Stone                  Thomas                 Townsend
Trotter                Tucker                 Waites
Walker                 Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Williams               Worley

Total--71

The following named Representatives voted for Witherspoon:

Askins                 Bailey, G.             Baker
Brown, H.              Carnell                Clyborne
Cooper                 Corning                Davenport
Elliott                Fair                   Felder
Gamble                 Gonzales               Graham
Harris, J.             Haskins                Keegan
Klauber                Koon                   Law
Littlejohn             Marchbanks             McCraw
McMahand               Meacham                Moody-Lawrence
Quinn                  Riser                  Scott
Sharpe                 Simrill                Spearman
Stuart                 Sturkie                Vaughn
Waldrop                Wells                  Wilkins
Witherspoon            Wofford                Young, A.
Young, R.

Total--43
RECAPITULATION

Total Number of Senators voting     45
Total Number of Representatives voting     114
Grand Total     159
Necessary to a choice     80
Of which Kane received     101
Of which Witherspoon received     58

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

THIRD CONGRESSIONAL DISTRICT
SEAT 5, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Payne Henderson "Hank" Barnette, Jr.

On motion of Rep. STODDARD, 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 Payne Henderson "Hank" Barnette, Jr. was duly elected for the term prescribed by law.

THIRD CONGRESSIONAL DISTRICT
SEAT 6, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated William L. Lyles, Jr.

On motion of Rep. STODDARD, 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 L. Lyles, Jr. was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT
SEAT 7, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated James S. Barrett, Dr. James D. Martin, Jr. and Elaine W. Marks.

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 Barrett:
Martin

TOTAL--1

The following named Senators voted for Martin:

Cork                   Courson                Drummond
Giese                  Gregory                Hayes
Peeler                 Richter                Ryberg
Smith, J.V.            Stilwell               Thomas
Waldrep                Wilson

TOTAL--14

The following named Senators voted for Marks:

Bryan                  Courtney               Elliott
Ford                   Glover                 Holland
Jackson                Land                   Lander
Leatherman             Leventis               Macaulay
Matthews               McConnell              McGill
Mescher                Mitchell               Moore
O'Dell                 Passailaigue           Patterson
Rankin                 Reese                  Rose
Russell                Saleeby                Setzler
Short                  Smith, G.              Washington
Williams

TOTAL--31

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

The following named Representatives voted for Barrett:

Askins                 Littlejohn             Trotter
Tucker

Total--4

The following named Representatives voted for Martin:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Cato
Clyborne               Corning                Davenport
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Harris, J.
Harrison               Haskins                Hines
Hutson                 Keegan                 Kinon
Kirsh                  Koon                   Lanford
Marchbanks             Mattos                 McMahand
Meacham                Quinn                  Richardson
Riser                  Robinson               Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stone                  Stuart
Sturkie                Thomas                 Townsend
Vaughn                 Waldrop                Walker
Wells                  Wilkins                Young, A.

Total--48

The following named Representatives voted for Marks:

Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, H.              Byrd                   Canty
Carnell                Chamblee               Cobb-Hunter
Cooper                 Cromer                 Delleney
Elliott                Farr                   Felder
Govan                  Harrell                Harrelson
Harris, P.             Harvin                 Harwell
Holt                   Houck                  Inabinett
Kelley                 Kennedy                Keyserling
Klauber                Law                    Martin
McAbee                 McCraw                 McElveen
McLeod                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Rudnick                Scott
Sheheen                Shissias               Snow
Spearman               Stoddard               Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Williams               Witherspoon            Wofford
Worley                 Wright

Total--62
RECAPITULATION

Total Number of Senators voting     46
Total Number of Representatives voting     114
Grand Total     160
Necessary to a choice     81
Of which Barrett received     5
Of which Martin received     62

Of which Marks received     93

Whereupon, the President announced that Ms. Elaine W. Marks having received a majority of the votes cast was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT
SEAT 8, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Alex Kiriakides, III and Keith Smith.

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 Kiriakides:

Cork                   Courson                Courtney
Leventis               Macaulay               Moore
Peeler                 Richter                Ryberg
Setzler                Stilwell               Thomas
Williams               Wilson

TOTAL--14

The following named Senators voted for Smith:

Bryan                  Drummond               Elliott
Ford                   Giese                  Glover
Hayes                  Holland                Jackson
Land                   Lander                 Leatherman
Martin                 Matthews               McConnell
McGill                 Mitchell               O'Dell
Passailaigue           Patterson              Rankin
Reese                  Rose                   Russell
Saleeby                Short                  Smith, G.
Smith, J.V.            Waldrep                Washington

TOTAL--30

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

The following named Representatives voted for Kiriakides:

Alexander, M.O.        Anderson               Askins
Baker                  Barber                 Baxley
Beatty                 Brown, H.              Clyborne
Corning                Davenport              Fair
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Houck                  Huff
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Littlejohn             Marchbanks
McMahand               Meacham                Moody-Lawrence
Quinn                  Richardson             Riser
Robinson               Rudnick                Scott
Shissias               Simrill                Spearman
Stille                 Stuart                 Sturkie
Thomas                 Townsend               Walker
Wells                  Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--60

The following named Representatives voted for Smith:

Alexander, T.C.        Allison                Bailey, G.
Bailey, J.             Boan                   Brown, G.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Cooper
Farr                   Harris, P.             Hines
Holt                   Huff                   Hutson
Inabinett              Kennedy                Keyserling
Lanford                Law                    Martin
Mattos                 McCraw                 McLeod
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Sheheen
Smith, R.              Snow                   Stoddard
Stone                  Trotter                Tucker
Vaughn                 Waites                 Waldrop
Whipper                Wilder, D.             Wilder, J.
Wilkes                 Williams               Worley

Total--48
RECAPITULATION

Total Number of Senators voting     44
Total Number of Representatives voting     108
Grand Total     152
Necessary to a choice     77
Of which Kiriakides received     74
Of which Smith received     78

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

FIFTH CONGRESSIONAL DISTRICT
SEAT 9, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Juli S. Powers.

On motion of Rep. STODDARD, 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 Juli S. Powers was duly elected for the term prescribed by law.

FIFTH CONGRESSIONAL DISTRICT
SEAT 10, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Robert D. Brown.

On motion of Rep. STODDARD, 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 D. Brown was duly elected for the term prescribed by law.

SIXTH CONGRESSIONAL DISTRICT
SEAT 11, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated William H. Chandler and Fred F. Dubard, Jr.

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 Chandler:

Bryan                  Elliott                McConnell
McGill                 Mitchell               Russell
Stilwell               Williams

TOTAL--8

The following named Senators voted for Dubard:

Cork                   Courson                Courtney
Drummond               Ford                   Giese
Glover                 Gregory                Hayes
Holland                Jackson                Land
Lander                 Leatherman             Leventis
Macaulay               Martin                 Matthews
Mescher                Moore                  O'Dell
Patterson              Peeler                 Rankin
Reese                  Richter                Rose
Ryberg                 Saleeby                Setzler
Short                  Smith, G.              Smith, J.V.
Thomas                 Waldrep                Washington
Wilson

TOTAL--37

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

The following named Representatives voted for Chandler:

Alexander, T.C.        Anderson               Askins
Bailey, J.             Barber                 Breeland
Brown, G.              Brown, H.              Clyborne
Cooper                 Fair                   Felder
Gamble                 Gonzales               Graham
Harrell                Harrelson              Harris, P.
Harvin                 Haskins                Holt
Hutson                 Inabinett              Kelley
Kennedy                Keyserling             Law
Littlejohn             McAbee                 McCraw
McElveen               McLeod                 Neal
Rhoad                  Richardson             Robinson
Scott                  Sheheen                Snow
Stoddard               Stuart                 Thomas
Townsend               Trotter                Vaughn
Walker                 Wells                  Whipper
Wilder, J.             Williams               Witherspoon
Young, R.

Total--52

The following named Representatives voted for Dubard:

Alexander, M.O.        Bailey, G.             Baker
Baxley                 Beatty                 Boan
Canty                  Carnell                Chamblee
Corning                Cromer                 Davenport
Delleney               Elliott                Fulmer
Hallman                Harris, J.             Harrison
Harwell                Hines                  Houck
Huff                   Jennings               Keegan
Kinon                  Kirsh                  Klauber
Koon                   Marchbanks             Martin
Mattos                 McKay                  McMahand
Neilson                Phillips               Quinn
Riser                  Rudnick                Shissias
Simrill                Smith, D.              Spearman
Stille                 Stone                  Sturkie
Tucker                 Waites                 Waldrop
Wilder, D.             Wilkes                 Wilkins
Wofford                Worley                 Young, A.

Total--54
RECAPITULATION

Total Number of Senators voting     45
Total Number of Representatives voting     106
Grand Total     151
Necessary to a choice     76
Of which Chandler received     60
Of which Dubard received     91

Whereupon, the President announced that Fred F. Dubard, Jr. having received a majority of the votes cast was duly elected for the term prescribed by law.

SIXTH CONGRESSIONAL DISTRICT
SEAT 12, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Cathy B. Harvin.

On motion of Rep. STODDARD, 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 Cathy B. Harvin was duly elected for the term prescribed by law.

AT-LARGE DISTRICT
SEAT 13, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated H. Franklin Burroughs.

On motion of Rep. STODDARD, 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 H. Franklin Burroughs was duly elected for the term prescribed by law.

AT-LARGE DISTRICT
SEAT 14, FOUR YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated J. Egerton Burroughs, Dean P. Hudson and David Bomar Smith.

Rep. KEEGAN nominated Mr. David Bomar Smith as follows:

"It is a privilege and an honor for me to come before you and place in nomination the name of David Bomar Smith of Conway, South Carolina, for Seat Number 14 for the Coastal Carolina University Board of Trustees. David is a native South Carolinian. He was born in Bennettsville and spent his formative years in Dillon. He graduated from Dillon High School and later married the former Louise Holliday of Conway and they are the proud parents of Elizabeth and J. William Smith. He is a former Army reservist and received a baccalaureate degree from the University of North Carolina at Chapel Hill in 1968. He attained a masters degree in education in 1974 and a masters degree in public administration in 1976 both from the University of South Carolina. He also holds an honorary doctorate of humanities degree from Francis Marion University. David is a farmer and an educator who served as a professor when Coastal was still a college and he worked behind the scenes to facilitate the transition to university. He served with distinction as a member of the State Commission on Higher Education from 1983 to 1986 and was a member of the Finance, Academic and Facilities Committee. Governor Riley appointed David to the State Insurance Commission and he served from 1986 to 1989. And for the past three years, he has served on the State Board of Education as a member of the Finance, Teacher Training and Certification Committees. David was honored with the Order of the Palmetto in 1986 and has been actively involved with a variety of projects in Horry County over the years. He is a man of integrity and vision and he would bring energy, experience and leadership to the Coastal Carolina University Board of Trustees. I am proud to list David Bomar Smith as my friend and I am pleased to place his name in 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 Burroughs:

TOTAL--0

The following named Senators voted for Hudson:

Bryan                  Cork                   Courtney
Drummond               Ford                   Gregory
Hayes                  Holland                Jackson
Land                   Lander                 Leatherman
Macaulay               Martin                 McGill
Mescher                Mitchell               Moore
O'Dell                 Patterson              Peeler
Rankin                 Reese                  Saleeby
Setzler                Short                  Smith, G.
Smith, J.V.            Waldrep                Washington
Williams

TOTAL--31

The following named Senators voted for Smith:

Courson                Giese                  Glover
Leventis               Matthews               McConnell
Rose                   Russell                Ryberg
Stilwell               Thomas                 Wilson

TOTAL--12

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

The following named Representatives voted for Burroughs:

TOTAL--0

The following named Representatives voted for Hudson:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Boan
Breeland               Byrd                   Cobb-Hunter
Corning                Davenport              Delleney
Elliott                Govan                  Graham
Harrell                Harrelson              Harris, J.
Harwell                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Kelley                 Keyserling
Kirsh                  Koon                   Law
Martin                 Mattos                 McAbee
McKay                  McMahand               Neal
Phillips               Rogers                 Rudnick
Scott                  Sheheen                Shissias
Smith, D.              Snow                   Stille
Stoddard               Tucker                 Waites
Waldrop                Walker                 Whipper
White                  Wilder, J.             Wilkes
Williams               Witherspoon

Total--59

The following named Representatives voted for Smith:

Askins                 Baker                  Brown, G.
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cooper
Cromer                 Fair                   Felder
Fulmer                 Gamble                 Gonzales
Hallman                Harris, P.             Harrison
Harvin                 Haskins                Jennings
Keegan                 Kinon                  Klauber
Lanford                Littlejohn             Marchbanks
McCraw                 McLeod                 Meacham
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Simrill
Smith, R.              Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Vaughn                 Wilder, D.
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--50
RECAPITULATION

Total Number of Senators voting     43
Total Number of Representatives voting     109
Grand Total     152
Necessary to a choice     77
Of which Burroughs received     0
Of which Hudson received     90
Of which Smith received     62

Whereupon, the President announced that Mr. Dean P. Hudson having received a majority of the votes cast was duly elected for the term prescribed by law.

AT-LARGE DISTRICT
SEAT 15, TWO YEAR TERM

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Edwin Craig Wall, Jr.

On motion of Rep. STODDARD, 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 Edwin Craig Wall, Jr. was duly elected for the term prescribed by law.

SOUTH CAROLINA STATE UNIVERSITY
BOARD OF TRUSTEES

The President announced that nominations were in order for six members of the South Carolina State University Board of Trustees.

FIRST CONGRESSIONAL DISTRICT, SEAT 1

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Gedney M. Howe, III.

On motion of Rep. STODDARD, 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 Gedney M. Howe, III was duly elected for the term prescribed by law.

SECOND CONGRESSIONAL DISTRICT, SEAT 2

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Sam Glover and Tony Grant.

Rep. SCOTT nominated Mr. Samuel B. Glover as follows:

"Mr. President, Mr. Speaker and members of the Joint Assembly. I would like to place in nomination a candidate for the Board of Trustees, Second Congressional District, South Carolina State University. A candidate who is committed to the quality and excellence of education for the University. That candidate is Samuel B. Glover. Sam is married with three children. Sam was a classmate of mine who earned a Masters Degree in Counselling, while at the same time I was earning a BS Degree in Accounting in 1975 at South Carolina State University. Earlier in 1969, he earned his BS Degree in Animal Science from our same alma mater, South Carolina State University. Sam is a businessman -- a self-made man who owns and operates two major McDonalds franchises working every day with young people and encouraging them to achieve through the education process. Sam is a major player in saving young people from making major mistakes at an early age. Sam's business exemplifies the real reason, the real success story of why one goes to an institution of higher education -- to be self-employed, to create employment and to help other people. Sam was Assistant Professor of Military Science at South Carolina State University in Military History, and was responsible for recruiting from 1986 to 1989. In 1981 through 1984, he was an instructor in Vocational Education at Bowman High School. He was an I & I inspector and instructor for the United States Marine Corps from 1976 through 1978. He was an officer candidate with the Marine Corps from 1969 through 1973. Sam has worked and served on many boards, so he understands what real teamwork is. To mention a few, he has served on the Ronald McDonald House Board; the Ronald McDonald Children's Charity Board; South Carolina State University Foundation Board; Minority Business Council of the Chamber of Commerce; Columbia Chamber of Commerce; Columbia Chapter of the South Carolina Alumni Association; National Guard Association; Richland County School District II School Improvement Council; Omega Zi Phi Fraternity; Chairman of the Union Baptist Church Boy's Club; and the Regional Medical Center in Orangeburg, South Carolina. Sam has earned many honors and awards. Just to name a few -- Junior Achievement Award, Richland County School District 2 in 1992; Business Partnership Award, Richland County School District 2, 1991-92; Promoted to Major in the Army National Guard in 1984; and the Navy and Army Achievement Medal. Sam is an outstanding player. Ladies and gentlemen, it is an honor and a pleasure to place in nomination a man who I know will be a major player on the Board of Trustees for the Second Congressional District for South Carolina State University. One who has already demonstrated himself to be a productive, outstanding businessman. One who is civic-minded and who can move this University forward. That man is my candidate, Samuel B. Glover. Thank you."

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 Glover:

Bryan                  Giese                  Lander
Leventis               Macaulay               Martin
Williams               Wilson

TOTAL--8

The following named Senators voted for Grant:

Cork                   Courson                Courtney
Elliott                Ford                   Glover
Gregory                Hayes                  Holland
Jackson                Land                   Leatherman
Matthews               McConnell              McGill
Mescher                Mitchell               Moore
O'Dell                 Patterson              Peeler
Rankin                 Reese                  Rose
Russell                Ryberg                 Saleeby
Setzler                Short                  Smith, G.
Smith, J.V.            Stilwell               Thomas
Waldrep                Washington

TOTAL--35

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

The following named Representatives voted for Glover:

Alexander, M.O.        Alexander, T.C.        Anderson
Breeland               Brown, G.              Byrd
Canty                  Chamblee               Clyborne
Corning                Elliott                Farr
Felder                 Gamble                 Gonzales
Govan                  Graham                 Harrell
Harvin                 Harwell                Haskins
Holt                   Hutson                 Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Koon                   Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McMahand               Neilson
Phillips               Riser                  Robinson
Rudnick                Scott                  Shissias
Simrill                Snow                   Stille
Stoddard               Stuart                 Sturkie
Thomas                 Townsend               Tucker
Vaughn                 Walker                 Wilder, D.
Wilkes                 Wilkins                Witherspoon
Wright

Total--58

The following named Representatives voted for Grant:

Askins                 Bailey, G.             Baker
Baxley                 Boan                   Brown, H.
Cobb-Hunter            Cromer                 Davenport
Delleney               Fair                   Harrelson
Harris, J.             Harris, P.             Harrison
Hines                  Houck                  Huff
Inabinett              Jennings               Keegan
Klauber                Law                    Mattos
McElveen               McKay                  Meacham
Moody-Lawrence         Neal                   Quinn
Rhoad                  Richardson             Rogers
Sheheen                Smith, D.              Smith, R.
Spearman               Stone                  Waites
Waldrop                Whipper                White
Wilder, J.             Williams               Wofford
Worley                 Young, A.

Total--47
RECAPITULATION

Total Number of Senators voting     43
Total Number of Representatives voting     105
Grand Total     148
Necessary to a choice     75
Of which Glover received     66
Of which Grant received     82

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

THIRD CONGRESSIONAL DISTRICT, SEAT 3

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Charles Lewis.

On motion of Rep. STODDARD, 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 Charles Lewis was duly elected for the term prescribed by law.

FOURTH CONGRESSIONAL DISTRICT, SEAT 4

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Dr. James Luther Bullard.

Rep. ANDERSON nominated Dr. James Bullard as follows:

"Dr. James Bullard is worthy of the trusteeship at the South Carolina State University. He earned the Bachelors of Science degree in 1972 from Fayetteville State University. He earned the Masters of Science degree in 1975 in Counseling Psychology from North Carolina A&T State University. Dr. Bullard earned his Ph.D. degree in 1981 from Florida State University in Higher Education with an emphasis in Policy and Planning. Dr. Bullard began his pastorate in 1988 at Bruton Temple Baptist Church in Greenville, South Carolina, where currently he serves as senior pastor. He is one of the owners of Today's Business Systems, Incorporated in Greenville, South Carolina. He has been employed as a public school principal at Estill Middle School in 1987-88 in Hampton County. Dr. Bullard has worked as a Special Service Coordinator, coordinating children and adolescent community mental health services in Anderson, Pickens, and Oconee counties from 1985 to 1987. Dr. Bullard has worked at Limestone College as an adjunct professor teaching management science and psychology courses from 1983 to 1987. He has worked in the following positions with the School District of Greenville County from 1972 to 1985; Assistant Principal of Woodmont High and Berea Middle Schools; Counselor at Mauldin High school; teacher and coach of football, basketball, baseball and track at Eastside High School; and Adult Education Supervisor at Mauldin High School Center 1975 to 1979. Dr. Bullard also has held the position of teacher at Greenville and Carolina High Schools. He has served as chairperson of the Department of Social Sciences at Carolina High School. He has held the position of liaison officer at Florida State University from 1980 to 1981 in the office of Dean of Student Affairs. Dr. Bullard becoming a member of the South Carolina State University Board of Trustees would be a bold pursuit of new vision on behalf of this legislative body to utilize his skills and expertise in policy development and planning in the decision making process as the University formulates policies that impact the lives of its students, faculty, administration and the taxpaying citizens of this state. Dr. Bullard recognizes that progress requires a concerted effort on the part of the Board of Trustees and endeavors to support the goals and priorities of South Carolina State University family and the citizenry of the State of South Carolina. Dr. Bullard endeavors to help support the university president and university family in the areas of conflict avoidance and conflict resolution, long term and strategic planning, as well as short term planning and budgeting; information and control systems, staffing and organizational design, leadership, communication and human motivation and constructive change and innovation. Dr. Bullard recognizes change may be needed. If so, it should come after discussion and debate and with eyes wide open to the consequences. Dr. Bullard believes if we are going to change a democratic institution that has served us for a hundred years, it should be thoughtful and democratic. Dr. Bullard will, without question, be an asset to the Board of Trustees of South Carolina State University and will enhance the leadership of this fine institution."

On motion of Rep. STODDARD, 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 Dr. James Luther Bullard was duly elected for the term prescribed by law.

FIFTH CONGRESSIONAL DISTRICT, SEAT 5

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Dorothy Jean Killian, Cheryl S. McFadden and Dr. J. W. Sanders.

Rep. PHILLIPS seconded the nomination of Dr. Sanders.

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 Killian:

Hayes                  Short

TOTAL--2

The following named Senators voted for McFadden:

Total--0

The following named Senators voted for Sanders:

Bryan                  Cork                   Courson
Courtney               Elliott                Ford
Giese                  Glover                 Holland
Jackson                Land                   Lander
Leatherman             Macaulay               Martin
Matthews               McConnell              McGill
Mescher                Mitchell               Moore
O'Dell                 Patterson              Peeler
Rankin                 Reese                  Rose
Russell                Ryberg                 Saleeby
Setzler                Smith, G.              Smith, J.V.
Stilwell               Thomas                 Waldrep
Washington             Wilson

TOTAL--38

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

The following names Representatives voted for Killian:

Moody-Lawrence         Simrill

Total--2

The following named Representatives voted for McFadden:

Total--0

The following named Representatives voted for Sanders:

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

Total--110
RECAPITULATION

Total Number of Senators voting     40
Total Number of Representatives voting     112
Grand Total     152
Necessary to a choice     77
Of which Killian received     4
Of which McFadden received     0
Of which Sanders received     148

Whereupon, the President announced that Dr. J. W. Sanders having received a majority of the votes cast was duly elected for the term prescribed by law.

AT-LARGE DISTRICT, SEAT 11

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Warren A. Darby, Helen R. Wilsford and Dr. Thomas J. Wilson.

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 Darby:

Bryan                  Courson                Courtney
Elliott                Ford                   Giese
Glover                 Gregory                Hayes
Holland                Jackson                Land
Lander                 Leatherman             Macaulay
Martin                 Matthews               McConnell
McGill                 Mescher                Mitchell
Moore                  O'Dell                 Patterson
Peeler                 Rankin                 Reese
Rose                   Russell                Ryberg
Saleeby                Setzler                Short
Smith, G.              Smith, J.V.            Stilwell
Thomas                 Waldrep                Washington
Wilson

TOTAL--40

The following named Senators voted for Wilsford:

TOTAL--0

The following named Senators voted for Wilson:

TOTAL--0

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

The following named Representatives voted for Darby:

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

Total--100

The following named Representatives voted for Wilsford:

Govan                  Rogers                 Stuart

Total--3

The following named Representatives voted for Wilson:

Askins                 Canty                  Keyserling
McKay

Total--4
RECAPITULATION

Total Number of Senators voting     40
Total Number of Representatives voting     107
Grand Total     147
Necessary to a choice     74
Of which Darby received     140
Of which Wilsford received     3
Of which Wilson received     4

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

CITADEL BOARD OF VISITORS
ONE SEAT, AT-LARGE

The President announced that nominations were in order for a member of the Citadel Board of Visitors, one seat, at-large.

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated John A. McAllister, Jr.

On motion of Rep. STODDARD, 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 John A. McAllister, Jr., was duly elected for the term prescribed by law.

WIL LOU GRAY OPPORTUNITY SCHOOL
BOARD OF TRUSTEES

The President announced that nominations were in order for three members of the Wil Lou Gray Opportunity School Board of Trustees, at-large seats.

Rep. STODDARD, on behalf of the Joint Screening Committee, nominated Clotilda D. Diggs, Frank Hart and Elizabeth Thrailkill.

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

Whereupon, the President announced that Clotilda D. Diggs, Frank Hart and Elizabeth Thrailkill were duly elected for the terms 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 2:20 P.M. the House resumed, the SPEAKER in the Chair.

MOTION PERIOD--INTERRUPTED DEBATE
H. 3200--RECALLED

Rep. RHOAD moved to recall H. 3200 from the Agriculture, Natural Resources and Environmental Affairs Committee.

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

As a second substitute Rep. RHOAD moved to recall H. 3200 from the Agriculture, Natural Resources and Environmental Affairs Committee, which was agreed to.

Rep. BOAN moved that the House do now recede until 3:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being the Motion Period.

THE HOUSE RESUMES

At 3:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVES OF ABSENCE

The SPEAKER granted Reps. TROTTER and McMAHAND a leave of absence for the remainder of the day.

MOTION PERIOD

Debate was resumed in the Motion Period.

Rep. PHILLIPS moved to recur to the morning hours.

As a first substitute Rep. HASKINS moved to recall H. 4025 from the Judiciary Committee.

As a second substitute Rep. PHILLIPS moved to dispense with the balance of the Motion Period, which was agreed to by a division vote of 39 to 17.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 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. 802:
S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE, AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R. 136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3808 -- Reps. Huff, Phillips, R. Smith and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-11 SO AS TO PROVIDE THAT BY SEPTEMBER 1, 1993, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ALTERNATIVE ASSESSMENT MECHANISM TO THE WRITTEN PORTION OF THE EXIT EXAM FOR THOSE STUDENTS WHO HAVE ENGLISH AS A SECOND LANGUAGE, AND TO PROVIDE THAT UNTIL THIS ALTERNATIVE IS DEVELOPED, PASSING THE WRITTEN PORTION OF THE EXIT EXAM IS WAIVED FOR THE PURPOSES OF RECEIVING A STATE HIGH SCHOOL DIPLOMA FOR THOSE STUDENTS WHO ARE OTHERWISE QUALIFIED TO RECEIVE THE DIPLOMA.

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.

LEAVE OF ABSENCE

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

REPORT OF STANDING COMMITTEE

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

H. 4266 -- Rep. Rogers: A CONCURRENT RESOLUTION TO REQUEST THAT PRIOR TO SUBMITTING A SETTLEMENT PROPOSAL TO THE ATTORNEYS REPRESENTING THE PLAINTIFFS OR TO THE COURT HEARING THE CASE STYLED ALEXANDER S. ET AL. VS. RICHARD E. MCLAWHORN ET AL., THE ATTORNEYS REPRESENTING THE DEPARTMENT OF YOUTH SERVICES SUBMIT AND RECEIVE APPROVAL OF ITS TERMS FROM THE WAYS AND MEANS COMMITTEE, THE FINANCE COMMITTEE, AND THE GOVERNOR.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4276 -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE THE BISHOPVILLE HIGH SCHOOL BOYS' VARSITY BASEBALL TEAM ON WINNING THE 1993 STATE CLASS AA BASEBALL CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4277 -- Reps. R. Smith, Sheheen, Wilkins, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MR. EDDIE JOHNSON OF AIKEN COUNTY, THE FATHER-IN-LAW OF OUR COLLEAGUE IN THE GENERAL ASSEMBLY AND GOOD FRIEND, SENATOR TOMMY MOORE, AND EXTENDING SYMPATHY TO MR. JOHNSON'S FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4278 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE T. L. HANNA HIGH SCHOOL BOYS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD CHAMPIONSHIP.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4279 -- Rep. Davenport: A BILL TO AMEND SECTION 2-7-72, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR BILLS AND RESOLUTIONS, SO AS TO REQUIRE THE COST TO EACH CITIZEN OF THE STATE TO BE INCLUDED IN THE STATEMENT.

Referred to Committee on Ways and Means.

OBJECTION TO RECALL

Rep. ROBINSON asked unanimous consent to recall H. 3243 from the Committee on Ways and Means.

Rep. KIRSH objected.

OBJECTION TO RECALL

Rep. RUDNICK asked unanimous consent to recall S. 794 from the Committee on Education and Public Works.

Rep. SPEARMAN objected.

OBJECTION TO RECALL

Rep. GRAHAM asked unanimous consent to recall H. 4025 from the Committee on Judiciary.

Rep. TUCKER objected.

MOTION PERIOD

Rep. ROBINSON moved to recall H. 3243 from the Ways and Means Committee.

As a first substitute Rep. GRAHAM moved to recall H. 4025 from the Judiciary Committee.

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

HOUSE STANDS AT EASE

On motion of Rep. WILKINS the House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 5:15 P.M. the House resumed, the SPEAKER in the Chair.

Rep. M.O. ALEXANDER moved that the House recede until 6:30 P.M., which was adopted.

THE HOUSE RESUMES

At 6:30 P.M. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

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

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 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. 228:
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 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. 701:
S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 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. 402:
S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 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. 235:
S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Land and McConnell of the Committee of Free Conference on the part of the Senate on S. 422:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
President

No. 405

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference and the report having been adopted by both Houses has ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 163

Received as information.

S. 700--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 700:
S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President

On motion of Rep. T.C. ALEXANDER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. McLEOD, G. BAILEY and GOVAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3636--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., June 2, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3636:
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Very respectfully,
President

On motion of Rep. T.C. ALEXANDER, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. McLEOD, G. BAILEY and GOVAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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.

CONCURRENT RESOLUTION

The following was introduced:

H. 4280 -- Reps. Harrell, Fulmer, J. Bailey, Barber, Breeland, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING C. E. WILLIAMS MIDDLE SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4281 -- Reps. Gamble and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. ROBERT "BOB" REDDICK, SR., OF CAYCE, A WIDELY RESPECTED TRUCKING INDUSTRY EXECUTIVE, UPON HIS DEATH.

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

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 8:25 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

CONCURRENT RESOLUTION

The following was introduced:

H. 4282 -- Rep. Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM FOR WINNING A FIRST PLACE GOLD MEDAL AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE AND TO COMMEND THEM FOR THEIR DEDICATION, DILIGENCE, AND HARD WORK.

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

STATEMENT BY REP. HODGES

Rep. HODGES gave an updated progress report on the conference committee to restructure state government.

STATEMENT BY REP. BAXLEY

Rep. BAXLEY made a statement relative to Rep. HODGES' report.

Rep. BAXLEY moved that the House resolve itself into the Committee of the Whole.

Rep. HODGES moved to table the motion.

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

The motion to table was agreed to by a division vote of 87 to 8.

H. 3546--FREE CONFERENCE POWERS GRANTED

Rep. HODGES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)

The yeas and nays, which were taken resulting as follows:

Yeas 100; Nays 3

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, H.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hodges                 Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  Meacham                Moody-Lawrence
Neal                   Neilson                Quinn
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--100

Those who voted in the negative are:

Brown, G.              Harrelson              McLeod

Total--3

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HODGES, BOAN and CLYBORNE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3057--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following.

H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.

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.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4265 -- Reps. P. Harris, Chamblee, Cooper, Stille, Townsend and Tucker: A CONCURRENT RESOLUTION CONGRATULATING DAVID AGNEW OF ANDERSON COUNTY ON HIS APPOINTMENT AS SPECIAL ASSISTANT TO THE ASSISTANT UNITED STATES LABOR SECRETARY IN THE CLINTON ADMINISTRATION, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS NEW ENDEAVOR.

H. 4267 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GIRLS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD GIRLS' CHAMPIONSHIP.

H. 4268 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE PAUL AND JO BROWN UPON CELEBRATING THEIR TWENTY-FIFTH WEDDING ANNIVERSARY.

H. 4269 -- Rep. Corning: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES TO RICHARD K. HARDING, M.D., AND HIS FAMILY, OF RICHLAND COUNTY ON HIS ELECTION TO THE OFFICE OF RECORDER OF THE AMERICAN PSYCHIATRIC ASSOCIATION.

H. 4270 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GOLF TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA CHAMPIONSHIP.

H. 4271 -- Reps. M.O. Alexander, Baker, Jaskwhich, Stille, Wilkins, Fair, Clyborne, Anderson, McMahand, Mattos, Haskins, Vaughn and Cato: A CONCURRENT RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1993 STATE CLASS AAAA BASEBALL CHAMPIONSHIP.

H. 4278 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE T. L. HANNA HIGH SCHOOL BOYS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD CHAMPIONSHIP.

ADJOURNMENT

At 9:40 P.M. the House in accordance with the motion of Rep. SPEARMAN adjourned in memory of Mrs. Trannye Trotter Gentry, mother of former Rep. Larry Gentry of Saluda, to meet at 10:00 A.M. tomorrow.

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