South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

TUESDAY, JANUARY 22, 1991

Tuesday, January 22, 1991
(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, the Maker and Sustainer of all creation, grant Your mighty aid to the efforts of men and women to establish peace among the nations of the world. Give strength of purpose to those who lead; enlighten with Your wisdom those who sit in counsel, and so transform the hearts of people everywhere by Your gracious teachings, that they may exalt peace above war, good will over gain, and righteousness above glory.

We pray to our God Whose will it is that "peace on earth" should prevail in our world. 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.

INVITATIONS

The following were taken up for immediate consideration and accepted.

December 19, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

Per our telephone conversation we are requesting you place on the House Calendar, our invitation to all House Members, to attend our Legislative Reception on Tuesday, February 5th, 1991, from 6:00 to 7:00 P.M. at the Capital City Club.

Thank you for your assistance and consideration.

Sincerely,
Chere Laird, Secretary
SC Funeral Directors Assoc., Inc.

November 30, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The South Carolina Association of Christian Schools would like to invite the members of the House to attend our annual Legislators' breakfast. The breakfast will be on Wednesday, February 6, 1991, from 8:00 - 9:00 A.M. in the ballroom at the Holiday Inn on Assembly Street. We have appreciated the excellent participation we have received in the past and we look forward to hosting this event again this year.

I would like to ask that this invitation be made part of the official calendar. If approved, individual invitations will also be sent out later from this office.

Thank you for your consideration.

Sincerely,
Reece Yandle
Executive Director

December 6, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

This letter is to invite members of the House of Representatives and their staff to a reception hosted by South Carolina State College. We have agreed to schedule the reception for February 6, 1991 at the Carolina Plaza Hotel located on Assembly Street in Columbia, South Carolina. The affair is to begin at 6:00 P.M. and end at 8:00 P.M.

I have discussed the date and time with Ms. Catherine Jeter of your office.

Thank you for all you do for South Carolina State College.

Sincerely,
James H. Salley
Director of Institutional Advancement

June 29, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the Board of Trustees of Lander College, I write to invite the members of the House to a reception on Tuesday, February 12, 1991, from 6:00 to 8:00 P.M. at the Capital City Club.

Thank you for handling this request. Should you have a question, please give me a call.

Sincerely,
Jeff May
Vice President for Development

December 14, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The Greater Columbia Teen Pregnancy Prevention Council and the Teen Pregnancy Reduction Network are sponsoring a Legislative Awareness Day on February 13, 1991. A reception in honor of the Legislators will be held from 11:30 A.M. to 1:30 P.M. in the first floor lobby of the State House. We respectfully request that this be recorded on the House of Representatives calendar.

I look forward to seeing you then.

Sincerely,
Joy Perry, Chairman
Public Affairs Committee
Greater Columbia Teen
Pregnancy Prevention Council

December 21, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The Municipal Association of South Carolina will hold its 17th Annual Winter Meeting and Legislative Conference on February 13, 1991 in Columbia at the Marriott Hotel.

We would like to extend an invitation to members of the House and their spouses to be our guests at a reception Wednesday night, February 13th in the Ballroom of the Marriott Hotel from 6:30 P.M. to 8:00 P.M.

With best wishes.

Sincerely,
J. McDonald Wray
Executive Director

December 3, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The South Carolina Association of Auditors, Treasurers and Tax Collectors would like to invite the members of the House of Representatives, their spouses or guests, Clerks and Attaches to a reception on Tuesday, February 19, 1991 at the Carolina Plaza Hotel (formerly the Radisson) from 6:00 to 8:00 P.M.

We hope this is convenient with your schedule and look forward to seeing you at this time.

Sincerely,
Oren L. Brady, III
President

October 11, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

This is to confirm that the South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on Wednesday, February 20, 1991, from 6:00 to 7:30 P.M. at the Embassy Suites Hotel in Columbia. This reception is in conjunction with our 1991 Mid-Year Conference for Elected Officials.

We look forward to having the members of the House with us on that evening. With best wishes, I am

Very truly yours,
Michael B. Cone
Executive Director

December 20, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the Rock Hill Area Chamber of Commerce and the other York County chambers, I would like to extend a cordial invitation to the members of the House to attend the annual "York County Day" reception from 6:00 P.M. to 9:00 P.M. on Tuesday, February 26, 1991, at the Carolina Plaza Hotel, formerly the Radisson.

We appreciate the committee's cooperation and helpfulness in the past, and we look forward to hearing from you concerning this upcoming event.

Should you have any questions, please call Rob Youngblood at 324-7500.

Sincerely,
Eddie Williams
Event Chairman

December 20, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The South Carolina Association of Probate Judges would like to extend an invitation to the members of the House of Representatives to a reception at the Marriott, 1200 Hampton Street, Columbia, South Carolina, on Wednesday night, February 27, 1991, from 7:00 P.M. until 9:00 P.M.

We look forward to having the members of the House of Representatives as our guests at this reception.

Yours truly,
Bobbie D. Wilson, President
South Carolina Association
of Probate Judges

October 11, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the South Carolina Association of Realtors, we would like to invite the members of the House and their spouses to our annual "Capitol Conference". The luncheon reception is scheduled to be held on February 27, 1991, at the Carolina Plaza Hotel immediately upon adjournment for lunch.

We look forward to having the members of the House and their guests with us on February 27, 1991.

Sincerely,
Richard F. Davis
Executive Vice President

September 27, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The members of the House of Representatives, their spouses and staff are invited to a drop-in at the Holiday Inn, Center City, 630 Assembly Street in Columbia. The date and time of the drop-in is Wednesday, February 27, 1991, from 6:00 P.M. to 7:00 P.M.

The drop-in is sponsored by the South Carolina Council of Alcohol and Drug Abuse Authorities and will be attended by the board members and executive directors of the local alcohol and drug abuse commissions.

Additionally, I certify that the South Carolina Council of Alcohol and Drug Abuse Authorities and all local alcohol and drug abuse commissions do not discriminate against race, religion, color, sexes, or national origins and that those organizations therefore comply with the House rules regulating such matters.

Sincerely,
Doyle W. Kay
Chairman
S.C. Council of Alcohol and
Drug Abuse Authorities

REGULATION

The following was received and referred to the appropriate committee for consideration.

Document No. 1335
Promulgated By Department of Health and Environmental Control
Certification of Need for Health Facilities and Services
Received By Speaker January 21, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date May 21, 1991

CONCURRENT RESOLUTION

The following was introduced:

H. 3266 -- Reps. Manly, M.O. Alexander, Mattos, Jaskwhich, Clyborne, Baker, Fair, Cato, Wilkins, Vaughn and Haskins: A CONCURRENT RESOLUTION CONGRATULATING THE GREENVILLE COUNTY MEDICAL SOCIETY ON THE OCCASION OF ITS ONE HUNDREDTH YEAR, AND COMMENDING THIS OUTSTANDING ORGANIZATION FOR ITS EXCELLENT WORK AND COUNTLESS CONTRIBUTIONS DURING THE PAST CENTURY.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3267 -- Reps. Sheheen, T. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, McTeer, Waldrop and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 30, 1991.

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

That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 30, 1991, in the Hall of the House of Representatives.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 501 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.

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

INTRODUCTION OF BILLS

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

H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.

Without reference.

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

Referred to Committee on Ways and Means.

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

Referred to Committee on Ways and Means.

H. 3271 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

Referred to Committee on Ways and Means.

H. 3273 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Referred to Committee on Ways and Means.

H. 3275 -- Reps. Kirsh, McTeer and D.Elliott: A BILL TO AMEND SECTION 12-21-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISTRIBUTION OF TOBACCO PRODUCTS, SO AS TO CHANGE THE DUE DATE FOR RETURNS FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-21-820, RELATING TO THE SALE OF BUSINESS LICENSE STAMPS TO NONRESIDENTS, SO AS TO DELETE BOND REQUIREMENTS; TO AMEND SECTION 12-21-3500, RELATING TO BINGO LICENSE REPORTING REQUIREMENTS, SO AS TO EXEMPT CLASS C LICENSES FROM THE REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2729, SO AS TO REQUIRE SEPARATE LICENSES FOR COIN-OPERATED DEVICES WHICH TWO OR MORE PERSONS MAY PLAY INDEPENDENTLY; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3445 SO AS TO MAKE BINGO TAXES DUE ON OR BEFORE THE TWENTIETH DAY OF THE MONTH AFTER THE MONTH IN WHICH THE TAX ACCRUES; TO AMEND SECTION 12-23-60, RELATING TO THE ELECTRIC POWER TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTIONS 12-23-810 AND 12-23-830, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO DELETE PENALTIES AND INTEREST FROM THE CALCULATION OF TAX REVENUES AND TO DELETE REFERENCES TO PENALTIES, INTEREST, AND THE WAIVER OF PENALTIES AND INTEREST; TO AMEND SECTION 12-27-360, RELATING TO COLLECTION OF DELINQUENT GAS TAXES, SO AS TO PROVIDE FOR COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT AND COLLECTION PROVISION; TO AMEND SECTION 12-31-430, RELATING TO THE REPORTS MADE BY MOTOR CARRIERS FOR PURPOSES OF THE ROAD TAX, SO AS TO CHANGE THE REPORTING DATE FROM THE TENTH DAY TO THE LAST DAY OF EACH REPORTING MONTH; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO ASSESSMENTS TO PAY THE EXPENSES OF THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE THE ASSESSMENT DUE ON OR BEFORE THE TWENTIETH DAY OF OCTOBER OF EVERY YEAR; AND TO REPEAL SECTION 61-3-550 SO AS TO DELETE THE BOND REQUIREMENT FOR ALCOHOLIC LIQUOR WHOLESALERS.

Referred to Committee on Ways and Means.

H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

Referred to Committee on Ways and Means.

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

Referred to Committee on Ways and Means.

H. 3278 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION APPLIES TO ALL INVENTORIES.

Referred to Committee on Ways and Means.

H. 3279 -- Reps. McAbee, Sharpe, Keyserling, Baxley, G. Bailey, Wells, Rhoad, White, Harvin, J. Harris, Altman, Snow and Waldrop: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE.

Referred to Committee on Ways and Means.

H. 3280 -- Reps. McAbee, Sharpe, G. Bailey, D. Elliott, Mattos, Boan, Haskins, Shirley, Gregory, White and Keyserling: A BILL TO AMEND CHAPTER 4, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, SO AS TO DEFINE TERMS, REVISE THE PROCEDURES FOR ALLOCATION, DISTRIBUTION, AND USE OF THE FUNDS, PROVIDE ADDITIONAL REQUIREMENTS FOR ADVISORY COMMITTEES, AND PROVIDE FOR AN ACCOMMODATIONS TAX OVERSIGHT COMMITTEE.

Referred to Committee on Ways and Means.

S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3281 -- Rep. R. Young: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF STALL HIGH SCHOOL IN NORTH CHARLESTON, SOUTH CAROLINA, FOR WINNING THE STATE CHEERLEADING COMPETITION.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Derrick
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McBride
McCain                 McCraw                 McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Stoddard
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, January 22.

James Faber                       Jean Harris
C. Lenoir Sturkie                 Jack Gregory
Thomas E. Huff                    D. Elliott
Ronald P. Townsend
Total Present--116

LEAVE OF ABSENCE

The SPEAKER granted Rep. KIRSH a leave of absence for the day due to a death in the family.

STATEMENT OF ATTENDANCE

Rep. D.N. HOLT signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 16.

MOTION ADOPTED

Rep. ROGERS moved that when the House adjourns it adjourn in memory of Mrs. Yetta P. Kirsh, Rep. Kirsh's mother, which was agreed to.

ORDERED TO THIRD READING

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

H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.

S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.

S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.

H. 3083 -- Rep. Manly: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.

Rep. MANLY explained the Bill.

SENT TO THE SENATE

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

H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.

H. 3021--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3021 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7157.BD), which was adopted.

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

/SECTION     1.     Sections 14-23-610 and 30-9-60 of the 1976 Code are repealed.

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

Amend title to conform.

Rep. GENTRY explained the amendment.

The amendment was then adopted.

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

H. 3059--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 30, Article III of the Constitution of this State be amended to read:

"Section 30. The General Assembly shall never not grant extra compensation, fee, or allowance to any public officer, agent, servant, or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law; but appropriations may be made except that appropriations may be made to compensate for services rendered during state emergencies as declared by the Governor, and for expenditures in repelling invasion, preventing or suppressing insurrection."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 30, Article III of the Constitution of this State be amended so as to allow the General Assembly to grant extra compensation to a public officer, agent, servant, or contractor after service rendered, or contract made, or authorize payment or part payment of any claim under any contract not authorized by law to compensate for services rendered during state emergencies as declared by the Governor, and for expenditures in repelling invasion, preventing or suppressing insurrection?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3081.AL), which was adopted.

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

/SECTION 1. It is proposed that Section 30, Article III of the Constitution of this State be amended to read:

"Section 30. The General Assembly shall never not grant extra compensation, fee, or allowance to any public officer, agent, servant, or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law; but appropriations may be made except that appropriations may be made to compensate for services rendered during state emergencies as declared by the Governor, and for expenditures in repelling invasion, preventing or suppressing insurrection."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 30, Article III of the Constitution of this State be amended so as to allow the General Assembly to grant extra compensation to a public officer, agent, servant, or contractor after service rendered, or contract made, or authorize payment or part payment of any claim under any contract not authorized by law to compensate for services rendered during state emergencies as declared by the Governor, and for expenditures in repelling invasion, preventing or suppressing insurrection?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Amend title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 90; Nays 9

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Brown, J.              Bruce                  Burch
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Elliott, L.
Faber                  Fair                   Farr
Felder                 Foster                 Gentry
Glover                 Gonzales               Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Koon
Manly                  Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McBride                McCain                 McCraw
McElveen               McGinnis               McKay
McTeer                 Neilson                Quinn
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sheheen
Shirley                Smith                  Snow
Stoddard               Sturkie                Tucker
Vaughn                 Waldrop                Wells
Whipper                Wilkes                 Wilkins
Williams, D.           Wright                 Young, R.

Total--90

Those who voted in the negative are:

Brown, H.              Fulmer                 Hallman
Littlejohn             Marchbanks             Meacham
Rama                   Wofford                Young, A.

Total--9

So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3127--OBJECTIONS

The following Joint Resolution was taken up.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Reps. CARNELL, McABEE, KEEGAN, SHIRLEY and D. WILLIAMS objected to the Joint Resolution.

H. 3128--OBJECTIONS

The following Bill was taken up.

H. 3128 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Corning, Huff and McElveen: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT A FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Reps. CARNELL, McABEE, KEEGAN, SHIRLEY and RUDNICK objected to the Bill.

S. 495--RECALLED FROM THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. BAKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.

CONCURRENT RESOLUTION

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

H. 3282 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WOODROW MIZZELL OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

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

INTRODUCTION OF BILL

On motion of Rep. CROMER, with unanimous consent, the following Bill was introduced, read the first time and referred to appropriate committee:

H. 3283 -- Reps. Cromer, Felder, Rogers, Sheheen, Neilson, Waites, Keegan, Sharpe, Smith, White, Wright, Fair, McBride, Scott, Tucker, Bennett, Corning, G. Bailey, Keesley, Beasley, A. Young, Derrick, J. Brown, K. Bailey, Shirley, McTeer, T.C. Alexander, Hendricks, Sturkie, J.C. Johnson, Haskins, Rama, Corbett, Wilkins, M. Martin, Baker, Rhoad, Chamblee, Harvin, Farr, Short, Wilder, J. Bailey, Altman, L. Martin, Marchbanks, Cooper, Waldrop, M.O. Alexander, Barber, Baxley, Beatty, Boan, G. Brown, H. Brown, Bruce, Burch, Burriss, Carnell, Cato, Clyborne, Cole, Cork, D. Elliott, L. Elliott, Faber, Foster, Fulmer, Gentry, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harwell, Hayes, Hodges, Holt, Houck, Huff, Jaskwhich, J.W. Johnson, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, D. Martin, Mattos, McAbee, McCain, McCraw, McElveen, McGinnis, McKay, McLeod, Meacham, Nettles, Phillips, Quinn, Ross, Rudnick, Snow, Stoddard, Townsend, Vaughn, Wells, Whipper, Wilkes, D. Williams, J. Williams, Wofford and R. Young: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE A DEDUCTION OF ALL COMPENSATION RECEIVED BY SOUTH CAROLINA RESIDENTS WHO ARE MEMBERS OF THE UNIFORMED SERVICES OF THE UNITED STATES, THE NATIONAL GUARD, OR THE MILITARY RESERVES FOR ACTIVE DUTY SERVICE AS A RESULT OF OPERATION DESERT STORM.

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

Rep. BOAN objected.

Referred to Committee on Ways and Means.

H. 3219--INTERRUPTED DEBATE

The following House Resolution was taken up:

H. 3219 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 12.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR OFFICE OR COMMITTEE WORKING ON HIS BEHALF MUST MAINTAIN A RECORD OF ALL FUNDS AND CONTRIBUTIONS RECEIVED, SO AS TO REQUIRE THE FULL ADDRESS OF EACH INDIVIDUAL OR GROUP CONTRIBUTING TO THE CANDIDATE.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 17, by Rep. McLEOD.

Rep. McTEER moved to table the amendment, which was agreed to.

Rep. McLEOD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11154.DW), which was rejected.

Amend the Resolution, as and if amended, in Rule 12.4 of the Rules of the House, page 1, line 30, by inserting after /address/ /if funds or contributions received from a contributor amount to five hundred dollars or more/.

Amend title to conform.

Rep. McLEOD explained the amendment.

The amendment was then rejected by a division vote of 32 to 58.

Reps. McTEER and HASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11164.DW), which was tabled.

Amend the Resolution, as and if amended, in Rule 12.4 of the Rules of the House, page 1, line 30, by inserting after /address,/ /employer if the employer is known to the candidate,/.

Amend the title, page 1, line 16, by inserting after /ADDRESS/ /AND EMPLOYER IF THE EMPLOYER IS KNOWN TO THE CANDIDATE/.

Rep. McTEER explained the amendment.

Rep. WHITE moved to table the amendment, which was agreed to by a division vote of 47 to 35.

RECORD FOR VOTING

I voted in favor of Amendment No. 3, H. 3219, but my button did not "take."
Rep. JEAN HARRIS

Rep. RUDNICK proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5230.HC), which was tabled.

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

/That Rule 12.4 of the House is amended to read:

"12.4     A candidate for the House of Representatives or a committee working on behalf of such a candidate, a duly organized group or political party, receiving or soliciting funds to support a political candidate or candidates for the House of Representatives shall maintain a record of all funds and contributions received and all expenditures. A candidate, committee, political party, or other group shall file contribution and expenditure reports with the House Ethics Committee on forms prescribed by the committee before each election in which a candidate which it supports or opposes is voted upon, at least ten days before the election containing information current as of twenty days before the election. Individual contributions of one thousand dollars or more received before election day and not already reported must be reported in a supplemental filing within twenty-four hours of receipt. The report is not required for a primary runoff election except that supplemental filings within twenty-four hours of receipt must be made for contributions not already reported of one thousand dollars or more received before the day of the runoff election. An updated report must be filed within thirty days after each election containing information current as of twenty days after the election. The reports must disclose:

(1) the name and address of a person contributing more than one hundred dollars and the amount of a contribution of more than one hundred dollars;

(2)     how much is retained and its ultimate distribution.

A candidate who is unopposed in a primary election is not required to file a post-election report for that primary election."/

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. McTEER spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 49 to 28.

Rep. McLEOD proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9127.DW).

Amend the Resolution, as and if amended, in Rule 12.4 of the Rules of the House, page 2, line 4, by inserting after /distribution./ /Provided, however, that the names and addresses of contributors need not be maintained if the contributors give one hundred dollars or less./

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. ROGERS moved to table the amendment.

Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:

Yeas 32; Nays 67

Those who voted in the affirmative are:

Beasley                Beatty                 Boan
Corbett                Cork                   Cromer
Elliott, L.            Fair                   Fulmer
Gentry                 Hallman                Haskins
Hayes                  Hodges                 Houck
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Mattos
McBride                McCain                 McTeer
Meacham                Neilson                Rama
Rhoad                  Rogers                 Sheheen
Waldrop                Wilkins

Total--32

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Bennett                Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss                Carnell                Cato
Chamblee               Corning                Derrick
Elliott, D.            Faber                  Farr
Foster                 Glover                 Gonzales
Gregory                Harris, J.             Harris, P.
Harvin                 Hendricks              Holt
Huff                   Jaskwhich              Johnson, J.C.
Klapman                Koon                   Littlejohn
Marchbanks             Martin, D.             Martin, M.
McAbee                 McCraw                 McLeod
Nettles                Phillips               Quinn
Ross                   Rudnick                Scott
Sharpe                 Shirley                Smith
Snow                   Sturkie                Townsend
Tucker                 Vaughn                 Whipper
White                  Wilder                 Wilkes
Williams, D.           Wofford                Wright
Young, A.

Total--67

So, the House refused to table the amendment.

Rep. ROGERS was recognized.

MOTION REJECTED

Rep. WILKINS moved to waive Rule 6.1, which was rejected.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 5, Rep. ROGERS having been recognized.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3266 -- Reps. Manly, M.O. Alexander, Mattos, Jaskwhich, Clyborne, Baker, Fair, Cato, Wilkins, Vaughn and Haskins: A CONCURRENT RESOLUTION CONGRATULATING THE GREENVILLE COUNTY MEDICAL SOCIETY ON THE OCCASION OF ITS ONE HUNDREDTH YEAR, AND COMMENDING THIS OUTSTANDING ORGANIZATION FOR ITS EXCELLENT WORK AND COUNTLESS CONTRIBUTIONS DURING THE PAST CENTURY.

H. 3281 -- Rep. R. Young: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF STALL HIGH SCHOOL IN NORTH CHARLESTON, SOUTH CAROLINA, FOR WINNING THE STATE CHEERLEADING COMPETITION.

H. 3282 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WOODROW MIZZELL OF DORCHESTER COUNTY UPON THE UPCOMING CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

ADJOURNMENT

At 12:58 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Mrs. Yetta P. Kirsh, Rep. Kirsh's mother, to meet at 2:00 P.M. tomorrow.

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