Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 1460 . . . . . Wednesday, April 3, 1996
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 18, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Statewide Appointments

Initial Appointment, Mining Council, with term to commence June 30, 1993, and to expire June 30, 1997:

DHEC:

Mr. William C. Rowell, EQC Bureau of District Services, DHEC, 2600 Bull Street, Columbia, S.C. 29201 VICE Alfred H. Vang

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

At-Large:

Mr. Roger B. Whaley, NationsBank, N.A. (Carolinas), 18th Floor, 1901 Main Street, Columbia, S.C. 29201

Referred to the Committee on Education.

Reappointment, State Board of Pharmacy, with term to commence June 30, 1996, and to expire June 30, 2002:

4th Congressional District:

Charles C. Turner, R.Ph., Shaw's Pharmacy #3, 1633 East North Street, Greenville, S.C. 29607

Referred to the Committee on Medical Affairs.

Printed Page 1461 . . . . . Wednesday, April 3, 1996
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 29, 1996
Mr. President and Members of the Senate:

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

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Myrtle Beach Air Force Base Redevelopment Authority, with term to commence June 30, 1996, and to expire June 30, 2000:

At-Large:

Mr. Harold C. Stowe, CSI Group, Inc., Post Office Box 260001, Conway, S.C. 29526

Received as information.

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Harold E. Shaw of Greenville, S.C., Doctor of the Day.

NONCONCURRENCE

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

The House returned the Bill with amendments.

On motion of Senator GIESE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

RECALLED

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE

Printed Page 1462 . . . . . Wednesday, April 3, 1996
VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.

There was no objection.

On motion of Senator LEVENTIS, with unanimous consent, the Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1320 -- Senator Wilson: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE ALLOWED STATE EMPLOYEES, SO AS TO ELIMINATE THE REQUIREMENT THAT FOR AN EMPLOYEE TO USE SICK LEAVE TO CARE FOR THE EMPLOYEE'S SICK GRANDCHILD, THE GRANDCHILD MUST RESIDE WITH THE EMPLOYEE AND THE EMPLOYEE MUST BE THE GRANDCHILD'S PRIMARY CARETAKER.

Read the first time and referred to the Committee on Finance.

S. 1321 -- Judiciary Committee: A BILL TO AMEND SECTION 2-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ADJOURN ON THE FIRST THURSDAY IN JUNE AND SHALL REMAIN ADJOURNED SUBJECT TO THE JOINT CALL OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-9-20, AS AMENDED, RELATING TO PERSONS CHARGED WITH THE DISBURSEMENT OF STATE FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT TRANSFERS OF APPROPRIATIONS MAY NOT EXCEED A SPECIFIED PERCENTAGE OF AN AGENCY'S TOTAL GROSS APPROPRIATION AS SET FORTH IN THE GENERAL APPROPRIATION ACT; TO AMEND SECTION 11-9-890, RELATING TO DELINEATION OF FISCAL YEAR REVENUE ESTIMATES BY QUARTERS, SO AS TO PROVIDE THAT IF AT THE END OF THE FIRST QUARTER OF A

Printed Page 1463 . . . . . Wednesday, April 3, 1996
FISCAL YEAR, THE QUARTERLY PROJECTIONS ARE THREE PERCENT OR MORE BELOW THE AMOUNTS PROJECTED FOR THAT QUARTER BY THE BOARD OF ECONOMIC ADVISORS, THE BUDGET AND CONTROL BOARD MUST IMMEDIATELY NOTIFY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE IN WRITING OF THIS DETERMINATION; AND TO ADD SECTION 2-1-187, SO AS TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION INVALIDATES A REDISTRICTING PLAN FOR EITHER THE SENATE OR THE HOUSE OF REPRESENTATIVES OR THE STATE'S CONGRESSIONAL DISTRICTS WHILE THE GENERAL ASSEMBLY IS NOT IN SESSION, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MUST JOINTLY CALL THE GENERAL ASSEMBLY BACK INTO REGULAR SESSION FOR CERTAIN PURPOSES.

Read the first time and ordered placed on the Calendar without reference.

S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.

Read the first time and ordered placed on the Calendar without reference.

S. 1323 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE ST. JOHN UNITED METHODIST CHURCH

Printed Page 1464 . . . . . Wednesday, April 3, 1996
OF GRANITEVILLE UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH BIRTHDAY.

The Senate Resolution was adopted.

S. 1324 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY OF MR. FRANK E. TIMMERMAN, SR., OF EDGEFIELD, A DISTINGUISHED BUSINESS AND CIVIC LEADER AND FORMER MEMBER OF THE SOUTH CAROLINA SENATE, UPON HIS DEATH.

The Senate Resolution was adopted.

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.

Read the first time and ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator REESE, S. 1325 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Printed Page 1465 . . . . . Wednesday, April 3, 1996
Ordered to a Second and Third Reading

On motion of Senator REESE, S. 1326 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1327 -- Senators Holland, McGill and Giese: 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 PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

Senator HOLLAND explained the Bill.

Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.

Objection

Senator McGILL asked unanimous consent to make a motion that the Bill be given a second and third reading on the next two consecutive legislative days.

Senator PATTERSON objected.

H. 4867 -- Reps. Breeland, Seithel, Hallman, Whatley, L. Whipper, Harrell, Fulmer, S. Whipper and Limehouse: A CONCURRENT RESOLUTION RECOGNIZING COMMUNITY PRIDE OF CHARLESTON COUNTY, INC., AND COMMENDING THIS ORGANIZATION AND CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THEIR OUTSTANDING EFFORTS TO INSTILL PRIDE IN LOCAL CITIZENS FOR A CLEAN AND HEALTHY ENVIRONMENT.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEE

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A

Printed Page 1466 . . . . . Wednesday, April 3, 1996
SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: 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.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRE-TRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE

Printed Page 1467 . . . . . Wednesday, April 3, 1996
GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH

Printed Page 1468 . . . . . Wednesday, April 3, 1996
HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a majority favorable with amendment and Senators FORD and GLOVER a minority unfavorable report on:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming,

Printed Page 1469 . . . . . Wednesday, April 3, 1996
Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED

Printed Page 1470 . . . . . Wednesday, April 3, 1996
AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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