South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, MAY 17, 1988

Tuesday, May 17, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God our Father, eternal in wisdom, power and goodness, above us yet Who seeks to be within us, Who keeps the planets in their courses but mindful of the faintest whisper of the human thought, we bow in reverence and in awe as we contemplate the grandeur of Your being and Your love for us which is from everlasting to everlasting the same. Keep us restless until we find peace in You, weak until we find strength in You, dissatisfied until we are busy doing Your will. May we always think clearly, speak confidently and act wisely to the end that our State becomes better today than yesterday because of our devotion to our work.

Be the sure Source of comfort and consolation to the families and friends of Jacquelyn Holt and Cynthia Purvis. In this and in every time of crisis and sorrow, undergrid us all with the confident assurance that You are always near to console us with Your ever-present love and to uphold us by Your never-failing presence.

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 Friday, the SPEAKER ordered it confirmed.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1988

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. 1127:
S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.
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., May 12, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Holland, Shealy and Nell W. Smith of the Committee of Conference on the part of the Senate on S. 1295:
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Very respectfully,
President

No. 67

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 13, 1988

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. 1125:
S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.
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., May 17, 1988

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. 943:
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
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.. May 13, 1988

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. 1282:
S. 1282 -- Senators Doar, Garrison and Horace C. Smith: A BILL TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF TEN DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 1311--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 17, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1311:
S. 1311 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.
Very respectfully,
President

On motion of Rep. CLYBORNE, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. CLYBORNE, NETTLES and ARTHUR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1988

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. 1006:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

S. 1006--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 12, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the House amendments and now refuses to concur in the amendments proposed by the House to S. 1006:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Very respectfully,
President

On motion of Rep. AYDLETTE, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. AYDLETTE, RUDNICK and BAXLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

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

S. 1286 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 135 IN TITLE 59, RELATING TO EDUCATION, SO AS TO ENACT THE SCHOOL-BASED ENTERPRISE ACT AND TO ESTABLISH THE SCHOOL-BASED ENTERPRISE INTERAGENCY BOARD AND THE SCHOOL-BASED ENTERPRISE ADVISORY COUNCIL TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4271 -- Reps. M.O. Alexander, Baker, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM A. GANTT, Jr., OF SIMPSONVILLE, UPON HIS PROMOTION TO MAJOR GENERAL IN THE U.S. ARMY RESERVE, AND UPON HIS BEING NAMED COMMANDER OF THE 108TH INFANTRY DIVISION (TRAINING).

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4272 -- Reps. Stoddard, D. Martin, McAbee and Foxworth: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, JUNE 1, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.

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

That the Senate and House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon, Wednesday, June 1, 1988, to elect members of the boards of trustees of the College of Charleston, Francis Marion College, and Lander College.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4273 -- Reps. Klapman, J.H. Burriss, Derrick, Felder, Koon, Sharpe and Sturkie: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE OTIS B. RAWL OF LEXINGTON IN LEXINGTON COUNTY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1467 -- Senator Thomas E. Smith, Jr.: A CONCURRENT RESOLUTION TO DESIGNATE JUNE 17, 1988, AS "HARVEY CUSHING, M.D. DAY" FOR DR. CUSHING'S OUTSTANDING SCIENTIFIC AND MEDICAL ACHIEVEMENTS WHICH HAVE RESULTED IN HIS BEING NAMED THE FATHER OF AMERICAN NEUROLOGICAL SURGERY.

Whereas, the date of the first day of issue of the Harvey Cushing Stamp will be June 17, 1988, in Cleveland Ohio; and

Whereas, Harvey Cushing, M.D. has been called the Father of American Neurological Surgery; and

Whereas, Harvey Cushing, M.D. was a renowned clinical neurosurgeon who improved the quality of life of his patients; and

Whereas, Dr. Cushing's scientific investigations led to the development of new surgical procedures and treatments and benefitted future generations of patients through his laboratory investigations and clinic applications; and

Whereas, Dr. Cushing was an outstanding educator and contributed to the education of future physicians at The Johns Hopkins, Harvard, and Yale Universities; and

Whereas, he served the United States of America with distinction in the United States Army Medical Corps during the First World War; and

Whereas, Harvey Cushing, M.D. added to the body of medical knowledge by collecting and donating to Yale University one of the foremost personal medical libraries in the world; and

Whereas, Harvey Cushing, M.D., the author, won the Pulitzer Prize for his biography of Sir William Osler, M.D.; and

Whereas, Harvey Cushing, the physician, surgeon, soldier, author, and scientist, contributed greatly to the advancements of medical science and clinical practice and ultimately to humanity. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That June 17, 1988, is designated as "Harvey Cushing, M.D. Day" for Dr. Cushing's outstanding scientific and medical achievements which have resulted in his being named the Father of American Neurological Surgery.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1510 -- Senators Patterson, Lourie, Giese and Courson: A CONCURRENT RESOLUTION COMMENDING MRS. ANDRENA MYERS DAVIS FOR HER MANY YEARS OF DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM AND TO DESIGNATE HER AS THE EX OFFICIO HOSTESS OF THE STATE OF SOUTH CAROLINA.

Whereas, Mrs. Andrena Myers Davis began her service with the Department of Tourism as a photo lab technician in 1974; and

Whereas, in 1977, she was promoted to Tour Coordinator with the Capitol Complex Tour Service at the South Carolina State House; and

Whereas, two years later in 1979, she was promoted to supervisor of the Capitol Complex Tour Service; and

Whereas, this year marks fourteen years of dedicated service Mrs. Davis has given to the Department of Parks, Recreation and Tourism; and

Whereas, throughout her career, she has fulfilled her duties with a great commitment of hard work, excellence, and devotion; and

Whereas, as a result of Mrs. Davis' many years of great service to the Department of Parks, Recreation and Tourism and the State of South Carolina, it would certainly be fitting and appropriate to designate her as the State's Ex officio Hostess. Now, therefore,

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

That the members of the General Assembly, by this resolution, commend Mrs. Andrena Myers Davis for her many years of dedicated service to the South Carolina Department of Parks, Recreation and Tourism and designate her as the Ex officio Hostess for the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Davis.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1511 -- Senators Peeler, J. Verne Smith, Hayes and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JOHN M. PRATT OF YORK UPON HIS RETIREMENT AFTER A FORTY-YEAR TENURE AS A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1512 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANT ACCOMPLISHMENTS OF MRS. MARY HATWOOD FUTRELL, PRESIDENT OF THE NATIONAL EDUCATION ASSOCIATION, AND EXTEND THE HOSPITALITY OF THE MEMBERS OF THE GENERAL ASSEMBLY WHILE SHE VISITS OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1514 -- Senators Lourie, Giese and Courson: A CONCURRENT RESOLUTION SALUTING COACH FRANK J. MCGUIRE ON THE OCCASION OF HIS BEING HONORED IN COLUMBIA AT THE "FRANK MCGUIRE APPRECIATION NIGHT", AND THANKING HIM FOR HIS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1515 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOCASTEE HIGH SCHOOL TEAM IN HORRY COUNTY UPON WINNING THE NATIONAL HIGH SCHOOL MOCK TRIAL COMPETITION HELD MAY 6-7, 1988, IN DALLAS, TEXAS.

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. 4274 -- Rep. Harvin: A BILL TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 1 FROM SINGLE-MEMBER DISTRICTS.

Referred to Clarendon Delegation.

H. 4275 -- Rep. J. Rogers: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SCHOOL DISTRICT OF MARLBORO COUNTY AND THE MARLBORO COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE DISTRICT AND TO DELETE THE AUTHORITY OF THE TRUSTEES OF THE ADMINISTRATIVE AREAS WITHIN THE SCHOOL DISTRICT TO ELECT MEMBERS OF THE FACULTY OF THE SCHOOLS IN THE PARTICULAR ADMINISTRATIVE AREA.

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

H. 4276 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-1989 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1988-1989.

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

H. 4277 -- Reps. Hayes, Kirsh, Nesbitt, Short and Foster: A BILL TO AMEND ACT 825 OF 1978, RELATING TO CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY NOT LEVY TAXES WHICH WOULD INCREASE BY MORE THAN FOUR MILLS IN ANY YEAR THAT MILLAGE LEVIED FOR THE PRECEDING YEAR WITHOUT THE APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN A REFERENDUM.

Referred to York Delegation.

H. 4278 -- Rep. Koon: A BILL TO PROVIDE THAT PUBLIC AGENCIES IN NEGOTIATING CONTRACTS FOR ARCHITECTS' SERVICES, SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SHALL CONSIDER COST OF SERVICES AS ONE OF THE CONSIDERATIONS IN SELECTING AN ARCHITECTURAL FIRM.

Referred to Committee on Labor, Commerce and Industry.

S. 1388 -- Senator Land: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY PERTAINING DIRECTLY TO A WORKERS' COMPENSATION CLAIM, SO AS TO PROVIDE THAT THE INFORMATION MUST BE MADE AVAILABLE WITHOUT COST AND WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST.

Referred to Committee on Labor, Commerce and Industry.

S. 1495 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1496 -- Senator Pope: A BILL TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1 FROM SINGLE MEMBER DISTRICTS.

Referred to Saluda Delegation.

S. 1497 -- Senator Pope: A BILL TO AUTHORIZE THE NEWBERRY COUNTY BOARD OF EDUCATION, THE GOVERNING BODY OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

Referred to Newberry Delegation.

S. 1504 -- Senator Bryan: A BILL TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS NOS. 55 AND 56, ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR MEMBERS OF THE BOARD, PROVIDE THAT THESE ELECTIONS MUST BE NONPARTISAN, PROVIDE THE MANNER IN WHICH THE MEMBERS OF THESE BOARDS ARE ELECTED, PROVIDE FOR THE MANNER IN WHICH THESE NONPARTISAN ELECTIONS MUST BE CONDUCTED, ABOLISH THE LAURENS COUNTY BOARD OF EDUCATION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES UPON THE SCHOOL DISTRICTS IN THE COUNTY, EXCEPT THOSE FUNCTIONS REGARDING THE ELECTION PROCESS OF THE TRUSTEES OF THE DISTRICTS; AND REPEAL ACTS 276 AND 277 OF 1987 RELATING TO THE ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS 55 AND 56 IN LAURENS COUNTY.

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

H. 4275--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that H. 4275 be read the second and third times the next two successive legislative days.

S. 1504--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 1504 be read the second and third times the next two successive legislative days.

H. 4276--ORDERED TO BE READ THE NEXT TWO
SUCCESSIVE LEGISLATIVE DAYS

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4276 be read the second and third times the next two successive legislative days.

S. 1295--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C. May 12, 1988

The COMMITTEE ON CONFERENCE, to whom was referred:
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows: by striking all after the enacting words and inserting:

/SECTION 1. Article 9, Chapter 1 of Title 1 of the 1976 Code is amended by adding:

"Section 1-1-645. (A) The Carolina mantid, Stagmomantis carolina (Johannson), or praying mantis, is the official insect of the State.

(B) A statement in substantially the following form must be printed in the next edition and all subsequent editions of the South Carolina Legislative Manual in the appropriate section:

'The State Insect

The Carolina mantid, Stagmomantis carolina (Johannson), or praying mantis, was designated the state insect by the General Assembly by Act of 1988, for the following reasons: it is a native, beneficial insect that is easily recognizable throughout the State; it symbolizes the importance of the natural science of entomology and its special role in all forms of agriculture in helping to control harmful insects; and it provides a perfect specimen of living science for the school children of this State."'

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

Respectfully submitted this 17th day of May, 1988.

Amend title to conform.

/s/Sen. Donald H. Holland         /s/Rep. Jarvis R. Klapman
/s/Sen. Nell W. Smith             /s/Rep. Larry A. Martin
/s/Sen. Ryan C. Shealy               Rep. D.L. Aydlette, Jr.
On Part of the Senate.              On Part of the House.

Rep. L. MARTIN explained the Conference Report.

The report was adopted and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. E.B. McLEOD, from the Clarendon Delegation, submitted a favorable report, with amendments, on:

H. 4154 -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING FOUR HUNDRED THOUSAND DOLLARS TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

H. 4154--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. E.B. McLEOD, with unanimous consent, the following Bill was taken up for immediate consideration.

H. 4154 -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING FOUR HUNDRED THOUSAND DOLLARS TO FUND AN OPERATING DEFICIT; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

Rep. E.B. McLEOD proposed the following Amendment No. 1 (Doc. No. 3905J), which was adopted.

Amend the bill, as and if amended, by striking beginning on the next to the last line of Section 1 on page 2 and on the last line of Section 2 on page 2 /four hundred/ and inserting /three hundred thirty-seven/.

Amend title to conform.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cole
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Edwards                Faber                  Fair
Ferguson               Foster                 Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Haskins
Hayes                  Hearn                  Hendricks
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Koon                   Lanford
Lewis                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Sturkie                Taylor
Thrailkill             Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 17, 1988.

Paul Derrick                      Olin R. Phillips
James Hodges                      Robert A. Kohn
Marion Carnell                    John Felder
Philip T. Bradley                 Dick Elliott
Larry Gentry
Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. Julius Leary, Jr., of Greenwood is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4255 -- Reps. Lockemy and J.W. McLeod: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1988, AND ENDING JUNE 30, 1989.

H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.

H. 4117 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-59-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM WITHOUT REASONABLE CAUSE OR IN BAD FAITH SO AS TO REVISE THE AMOUNT OF THE ATTORNEYS' FEES WHICH MAY BE AWARDED BY THE TRIAL JUDGE IN THESE CASES.

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. 854 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 40-43-100, AS AMENDED, AND 40-43-60, 40-43-80, 40-43-90, 40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43 330, 40-43-380, 40-43-410, AND 40-43-460, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROHIBIT THE BOARD FROM ISSUING A TEMPORARY LICENSE, PROVIDE FOR A RECIPROCAL LICENSE FEE, REQUIRE CONTINUING EDUCATION, CHANGE THE TERM "REGISTERED PHARMACIST" TO "LICENSED PHARMACIST", REQUIRE THE PHARMACIST TO KEEP A RECORD OF THE QUANTITY OF A POISONOUS SUBSTANCE SOLD AND CLEARLY LABEL POISONOUS SUBSTANCES DISPENSED "POISON", DELETE THE DRUG SULFONAMIDE, ABORTIFACIENT DRUGS, AND HORMONES SINCE THEY ARE NO LONGER USED, AND CHANGE THE REFERENCE TO PHARMACIES TO DRUG OUTLETS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTIONS 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340, 40-43-350, 40-43-450, AND 40-43-470 RELATING TO LABELS FOR POISONS, DRUGS AND POISONS SOLD BY MERCHANTS, PAYMENT OF DRUG INSPECTORS, DISPOSITION OF FEES COLLECTED BY THE BOARD, THE ANNUAL REPORT OF PHARMACEUTICAL ASSOCIATIONS, THE TERMS "PHARMACIST", "DRUGGIST", AND "APOTHECARY" CONSTRUED INTERCHANGEABLY, PERMITS TO OPEN A NEW PHARMACY, AND EMPLOYEES' SALARIES.

S. 356 -- Senator Land: A BILL TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.

S. 1327 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1432 -- Senator Doar: A BILL TO AMEND SECTIONS 46-31-30, 46-31-40, 46-31-60, 46-31-80, 46-31-100, 46-31-110, 46-31-120, 46-31-130, 46-31-140, AND 46-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMOTION OF FLUE-CURED TOBACCO, SO AS TO EXTEND ELIGIBILITY FOR PARTICIPATION IN REFERENDA FOR MARKETING ASSESSMENTS, TO INCREASE THE MAXIMUM ASSESSMENTS FROM TWO TO TEN DOLLARS AN ACRE OR FROM TEN TO FIFTY CENTS FOR EACH HUNDRED POUNDS, TO REDUCE FROM THIRTY DAYS TO FIFTEEN DAYS THE APPLICABLE REFERENDA NOTICE REQUIREMENT, TO PROVIDE FOR THE TIME OF THE WRITTEN REQUEST FOR REFUND OF ASSESSMENTS, AND TO INCREASE FROM THIRTY TO SIXTY DAYS THE DEADLINE FOR THE REPORT OF TOBACCO ASSOCIATES, INCORPORATED.

S. 380 -- Senators McConnell and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.

S. 890--AMENDED AND TABLED

The following Bill was taken up.

S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 10, by Rep. MAPPUS.

Rep. MAPPUS explained the amendment.

The amendment was then adopted.

Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 2 (Doc. No. 3668J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

Rep. J. BRADLEY proposed the following Amendment No. 3 (Doc. No. 3816J), which was ruled out of order.

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

/SECTION ______. There shall be no discrimination in this State by any means or in any manner whatsoever, against any licensed health care provider licensed by the State with respect to diagnosis and treatment of condition nor shall referral of any type be a condition precedent for care by a licensed health care provider./

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

POINT OF ORDER

Rep. L. MARTIN raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. J. BRADLEY spoke against the Bill and moved to table the Bill, which was agreed to.

H. 3683--OBJECTIONS

The following Bill was taken up.

H. 3683 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE TERM MOPED TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. FAIR explained the Bill.

Rep. FERGUSON spoke against the Bill.

Reps. FERGUSON and ARTHUR objected to the Bill.

ORDERED TO THIRD READING

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

S. 708 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.

S. 1450 -- Senators Martschink, Dennis and McLeod: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.

H. 4152--DEBATE ADJOURNED

Rep. ALTMAN moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

H. 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.

S. 1445--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1445 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 12, by the Committee on Agriculture and Natural Resources.

The amendment was then adopted.

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

S. 1335--DEBATE ADJOURNED

Rep. HEARN moved to adjourn debate upon the following Bill until Wednesday, May 18, which was adopted.

S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.

S. 172--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 3980J), which was adopted.

Amend the title, as and if amended, to read:

/TO AMEND SECTIONS 1-20-10, 1-20-20, 1-20-40, 1-20-50, AS AMENDED, AND 1-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERIODIC REVIEW, SCHEDULED TERMINATION, AND REAUTHORIZATION OF STATE AGENCIES, SO AS TO PROVIDE THAT THE PERIODIC REVIEW, SCHEDULED TERMINATION, AND REAUTHORIZATION SHALL INCLUDE REGULATIONS PROMULGATED BY THE AGENCIES./

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

S. 411--OBJECTIONS

The following Bill was taken up.

S. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY, AND PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNEXED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION.

Rep. PETTIGREW proposed the following Amendment No. 1 (Doc. No. 4022J).

Amend the bill, as and if amended, by adding at the end of Section 5-3-300, as contained in SECTION 1, page 6, a new subsection immediately after line ten to read:

/(J) No property made noncontiguous to the municipal boundary as a result of a freeholder excluding his property from annexation pursuant to subsection (I) may be annexed under the provisions of this section./

Renumber sections to conform.

Amend title to conform.

Rep. PETTIGREW explained the amendment.

Reps. O. PHILLIPS, M.D. BURRISS, CORK, HUMPHRIES, WASHINGTON, T. ROGERS and FERGUSON objected to the Bill.

S. 890--MOTION TO RECONSIDER TABLED

Rep. CORK moved to reconsider the vote whereby the following Bill was tabled.

S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.

Rep. J. BRADLEY moved to table the motion, which was agreed to by a division vote of 50 to 29.

Rep. KEYSERLING moved that the House do now adjourn, which was adopted by a division vote of 57 to 30.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4271 -- Reps. M.O. Alexander, Baker, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM A. GANTT, Jr., OF SIMPSONVILLE, UPON HIS PROMOTION TO MAJOR GENERAL IN THE U.S. ARMY RESERVE, AND UPON HIS BEING NAMED COMMANDER OF THE 108TH INFANTRY DIVISION (TRAINING).

H. 4273 -- Reps. Klapman, J.H. Burriss, Derrick, Felder, Koon, Sharpe and Sturkie: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE OTIS B. RAWL OF LEXINGTON IN LEXINGTON COUNTY.

ADJOURNMENT

At 12:58 P.M. the House in accordance with the motion of Rep. KEYSERLING adjourned to meet at 10:00 A.M. tomorrow.

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