South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, MARCH 6, 1996

Wednesday, March 6, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Eternal God, Who inspired our fathers to build on these shores a Nation "of the people, by the people and for the people," keep us "the land of the free and the home of the brave." Kindle and keep burning in our hearts a real love of peace, and may the rule of Your teachings so prevail in the minds of us all that justice, peace and goodwill shall be established and maintained throughout the world. Give us the determination to carry on our heritage knowing that in You we find strength for every circumstance and condition of life.

We pray in the words of the Psalmist: "Give ear to our prayer, O God; and hide not Yourself from our supplications." (Psalm 55:1) Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. McMAHAND moved that when the House adjourns, it adjourn in memory of Lillian Viola Cook Sullivan of Greenville, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1221 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEAVELLE McCAMPBELL MIDDLE SCHOOL OF AIKEN COUNTY UPON BEING NAMED A 1996 STATE WINNER OF THE PALMETTO'S FINEST AWARDS PROGRAM.

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. 1222 -- Senators Moore, Setzler and Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE THE COUNTY OF AIKEN AND ALL OF ITS CITIZENS UPON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH BIRTHDAY ON MARCH 10, 1996.

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. 1223 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY OF MR. HARRY HOYLE ABERNATHY, JR. AND TO PAY TRIBUTE TO A GENTLEMAN WHOSE LIFE WAS DEDICATED TO HIS FAMILY AND TO SERVING HIS COMMUNITY.

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

INTRODUCTION OF BILLS

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

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

Referred to Committee on Labor, Commerce and Industry.

H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

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

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

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

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

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

H. 4705 -- Reps. Easterday, Sandifer, Tripp, Rice, Trotter, Cato and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO PERMIT A MORTGAGE LOAN BROKER TO CONDUCT BUSINESS WITHOUT HAVING TO MAINTAIN A PRINCIPAL OFFICE OR "AN OFFICIAL PLACE OF BUSINESS" UNDER CERTAIN CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4706 -- Reps. Wilkins, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Kennedy, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.

Referred to Committee on Ways and Means.

H. 4707 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 12-6-3390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A PERCENTAGE OF EXPENSES PAID TO A NURSING FACILITY OR FOR IN-HOME OR COMMUNITY CARE, SO AS TO ALSO AUTHORIZE THIS CREDIT FOR A PERCENTAGE OF PREMIUMS PAID FOR LONG-TERM CARE INSURANCE.

Referred to Committee on Ways and Means.

H. 4708 -- Reps. Seithel, Loftis, S. Whipper, Sheheen, Clyburn, Tripp, Littlejohn, Thomas, Vaughn, Wofford, R. Smith, Cooper, Harvin and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-272 SO AS TO ENACT THE SOUTH CAROLINA PATIENT PROTECTION ACT TO ALLOW A PERSON RECEIVING HEALTH CARE SERVICES UNDER A MANAGED CARE ORGANIZATION TO RECEIVE CARE FROM A PROVIDER WHO HAS NOT CONTRACTED WITH THE ORGANIZATION TO PROHIBIT PENALIZING THE PERSON FOR SELECTING SUCH A PROVIDER; TO PROHIBIT A MANAGED CARE ORGANIZATION FROM TERMINATING ITS AGREEMENT WITH A PROVIDER WITHOUT CAUSE; AND TO DECLARE NULL AND VOID CLAUSES IN MANAGED CARE CONTRACTS WHICH ALLOW INDEMNIFICATION FROM PROVIDERS FOR LIABILITY OF THE ORGANIZATION.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison                Anderson               Bailey
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Cain                   Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Fleming                Gamble
Harrell                Harris, J.             Harris, P.
Harrison               Herdklotz              Hodges
Howard                 Hutson                 Inabinett
Keegan                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McAbee
McKay                  McMahand               McTeer
Meacham                Neal                   Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Thomas
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkins                Williams               Witherspoon
Wofford                Wright                 Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 6.

Denny W. Neilson                  Mack T. Hines
Harry R. Askins                   Terry E. Haskins
Harry M. Hallman, Jr.             Annette Young-Brickell
Larry L. Koon                     Ronald C. Fulmer
Jesse E. Hines                    Richard M. Quinn, Jr.
E. DeWitt McCraw                  Grady A. Brown
William D. Keyserling             Mark S. Kelley
Harry C. Stille                   Bessie Moody-Lawrence
Timothy C. Wilkes                 Ronald P. Townsend
William F. Cotty                  Theodore A. Brown
Olin R. Phillips                  Larry L. Elliott
Jerry N. Govan, Jr.               Douglas Jennings, Jr.
Ralph W. Canty                    C. Alex Harvin III
Total Present--119

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Patricia Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

ORDERED TO THIRD READING

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

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

SENT TO THE SENATE

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

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.

H. 3326--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7980AC.96), which was adopted.

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

/SECTION     1.     Title 44 of the 1976 Code is amended by adding:

"CHAPTER 120
Medical Savings Account

Section 44-120-10.     This chapter may be cited as the 'Medical Savings Account Act'.

Section 44-120-20. As used in this chapter:

(1)     'Account administrator' means:

(a)     a national or state chartered bank, a federal or state chartered savings and loan association, a federal or state chartered savings bank, or a federal or state chartered credit union;

(b)     a trust company authorized to act as a fiduciary;

(c)     an insurance company authorized to do business in this State;

(d)     a broker-dealer, commodity issuer, investment advisor, or agent registered pursuant to the Uniform Securities Act;

(e)     a third party administrator with a current certificate of authority;

(f)     a certified public accountant licensed to practice in this State;

(g)     an attorney licensed to practice in this State;

(h)     an employer that participates in the medical care savings account program.

(2)     'Deductible' means the total deductible for an employee and all the dependents of that employee for a calendar year.

(3)     'Dependent' means the spouse of the employee or a child of the employee if the child is:

(a)     under nineteen years of age or under twenty-three years of age and enrolled as a full-time student at an accredited college or university;

(b)     legally entitled to the provision of proper or necessary subsistence, education, medical care, or other care necessary for the child's health, guidance, or well-being and not otherwise emancipated, self-supporting, married, or a member of the Armed Forces of the United States; or

(c)     mentally or physically incapacitated to the extent that the child is not self-sufficient.

(4)     'Domicile' means an individual's true, fixed, and permanent home and principal establishment, to which, whenever absent, the individual intends to return. Domicile continues until another permanent home or principal establishment is established.

(5)     'Eligible medical expense' means an expense paid by the taxpayer for medical care described in Section 213(d) of the Internal Revenue Code.

(6)     'Employee' means the individual for whose benefit or for the benefit of whose dependents a medical care savings account is established.

(7)     'ERISA' means the Employer Retirement Income Security Act of 1974.

(8)     'Higher deductible' means a deductible of not less than one thousand dollars and not more than three thousand dollars for 1997. This minimum and maximum must be adjusted annually by the State Treasurer to reflect increases in the consumer price index.

(9)     'Medical care savings account' or 'account' means an account established in this State pursuant to a medical care savings account program to pay the eligible medical expenses of an employee and the employee's dependents.

(10)     'Medical care savings account program' or 'program' means a program that includes:

(a)     the purchase by an employer of a qualified higher deductible health plan for the benefit of an employee and the employee's dependents.

(b)     the contribution on behalf of an employee into a medical care savings account by the employee's employer of all or part of the premium differential realized by the employer based on the purchase of a qualified higher deductible health plan for the benefit of the employee. An employer that did not previously provide a health coverage policy, certificate, or contract for employees may contribute all or part of the deductible of the plan purchased pursuant to subitem (a). A contribution under this subitem may not exceed three thousand dollars for 1997. This maximum must be adjusted annually by the State Treasurer to reflect increases in the consumer price index.

(c)     an account administrator to administer the medical care savings account from which payment of claims is made. Not more than thirty days after an account administrator begins to administer an account, the administrator shall notify in writing each employee on whose behalf the administrator administers an account of the date of the last business day of the administrator's business year.

(11)     'Qualified higher deductible health plan' means a health coverage policy, certificate, or contract that provides for payments for covered benefits that exceed the higher deductible and that is purchased by an employer for the benefit of an employee for whom the employer makes deposits into a medical care savings account.

Section 44-120-30. (A) For tax years beginning after 1996, an employer, except as otherwise provided by statute, contract, or a collective bargaining agreement, may offer a medical care savings account program to the employer's employees.

(B)     An employer that offers a medical care savings account program shall inform before making any contributions all employees in writing of the federal tax status of contributions made pursuant to this act.

(C)     Except as provided in Section 44-120-50, principal contributed to and interest earned on a medical care savings account and money reimbursed to an employee for eligible medical expenses are exempt from taxation under Title 12.

Section 44-120-40. (A) The account administrator shall utilize the funds held in a medical care savings account solely for the purpose of paying the medical expenses of the employee or his or her dependents or to purchase a health coverage policy, certification, or contract if the employee does not otherwise have health insurance coverage. Funds held in a medical care savings account shall not be used to cover medical expenses of the employee or his or her dependents that are otherwise covered including but not limited to medical expenses covered pursuant to an automobile insurance policy, workers' compensation insurance policy or self-insured plan, or another health coverage policy, certificate, or contract.

(B)     The employee may submit documentation of medical expenses paid by the employee in the tax year to the account administrator and the account administrator shall reimburse the employee from the employer's account for eligible medical expenses.

(C)     If an employer makes contributions to a medical care savings account program on a periodic installment basis, the employer may advance to an employee, interest free, an amount necessary to cover medical expenses incurred that exceed the amount in the employee's medical care savings account when the expense is incurred if the employee agrees to repay the advance from future installments or when he or she ceases to be an employee of the employer.

Section 44-120-50. (A) Notwithstanding subsection (B) and subject to subsection (C), an employee may withdraw money from his or her medical care savings account for any purpose other than a purpose described in Section 44-120-40(A) only on the last business day of the account administrator's business year. Money withdrawn pursuant to this subsection is income for the purposes of the income taxation.

(B)     Subject to subsection (C), if the employee withdraws money for any purpose other than a purpose described in Section 44-120-40(A) at any other time all of the following apply:

(1)     The amount of the withdrawal is income for the purposes of Title 12.

(2)     The administrator shall withhold and on behalf of the employee shall pay a penalty to the State Treasurer equal to ten percent of the amount of the withdrawal.

(3)     Interest earned on the account during the tax year in which a withdrawal under this subsection is made is income for purposes of Title 12.

(C)     The amount of a disbursement of any assets of a medical care savings account pursuant to a filing for protection under Title 11 of the United States Code, 11 U.S.C. 101 to 1330 by an employee or person for whose benefit the account was established is not considered a withdrawal for purposes of this section. The amount of a disbursement is not subject to taxation under Title 12.

(D)     Upon the death of the employee, the account administrator shall distribute the principal and accumulated interest of the medical care savings account to the estate of the employee.

(E)     If an employee is no longer employed by an employer that participates in a medical care savings account program and the employee, not more than sixty days after his or her final day of employment, transfers the account to a new account administrator or requests in writing to the former employer's account administrator that the account remain with that administrator and that account administrator agrees to retain the account, the money in the medical care savings account may be utilized for the benefit of the employee or his or her dependents subject to this act thirty days after the expiration of the sixty days, if an account administrator has not accepted the former employee's account, the employer shall mail a check to the former employee at the employee's last known address equal to the amount in the account on that day and that amount is subject to taxation pursuant to Section 44-120-50(A) but is not subject to the penalty under Section 44-120-50(B)(2). If an employee becomes employed with a different employer that participates in a medical care savings account program, the employee may transfer his or her medical care savings account to that new employer's account administrator."

SECTION     2.     This act takes effect upon approval by the Governor and applies to tax years beginning after 1996./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

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

H. 4492--RECOMMITTED

Rep. HARRISON asked unanimous consent to recommit the following Bill to the Judiciary Committee, retaining its place on the Calendar, which was agreed to.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

H. 4054--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

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

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

Rep. CATO explained the Senate amendment.

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

H. 4365--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

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

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

Rep. ASKINS explained the Senate amendment.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HARRISON.

H. 3062--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

Rep. HARRISON moved to recommit the Bill to the Judiciary Committee.

Rep. VAUGHN moved to table the motion to recommit.

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

Yeas 85; Nays 14

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Breeland
Brown, G.              Brown, H.              Cain
Carnell                Cato                   Cave
Chamblee               Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Gamble                 Hallman                Harrell
Harris, P.             Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Mason
McAbee                 McMahand               McTeer
Meacham                Neal                   Phillips
Quinn                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Stoddard
Stuart                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Walker                 Whatley                Whipper, L.
Whipper, S.            Williams               Witherspoon
Wofford                Worley                 Young
Young-Brickell

Total--85

Those who voted in the negative are:

Clyburn                Fleming                Fulmer
Harris, J.             Harrison               Jennings
Knotts                 McCraw                 McKay
Moody-Lawrence         Smith, D.              Spearman
Wilder                 Wright

Total--14

So, the motion to recommit was tabled.

RECURRENCE TO THE MORNING HOUR

Rep. LIMEHOUSE moved that the House recur to the morning hour, which was agreed to by a division vote of 35 to 27.

Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of amendments.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1889
Promulgated By Clemson University-State Crop Pest Commission
27-135. Designation of Plant Pests
Received By Speaker March 6, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date July 4, 1996

Document No. 1908
Promulgated By Department of Labor, Licensing and Regulation Residential Builders Commission
Qualifications for Licensure
Received By Speaker March 5, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 3, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 5, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:

Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020

Very respectfully,
President

Received as information.

INTRODUCTION OF BILL

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

H. 4709 -- Reps. Limehouse, Sandifer and Fulmer: A BILL TO AMEND SECTION 40-39-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN RECORDS A PAWNBROKER SHALL KEEP, SO AS TO PROVIDE THAT A PAWNBROKER'S RECORD OF A LOAN TRANSACTION MUST INCLUDE THE MANUFACTURER'S NAME AND THE MAKE, MODEL NUMBER, AND SERIAL NUMBER FOR ALL GOODS, ARTICLES, OR THINGS PAWNED, PLEDGED, OR PURCHASED, AND TO REQUIRE A PAWNBROKER TO GIVE A RECORD OF ALL GOODS, ARTICLES, OR THINGS PAWNED OR PLEDGED TO CERTAIN LAW ENFORCEMENT AGENCIES ON A MONTHLY BASIS; AND TO AMEND SECTION 40-39-140, AS AMENDED, RELATING TO A PAWNBROKER'S ACCEPTANCE OF PROPERTY OWNED BY A THIRD PARTY, SO AS TO REQUIRE PAWNBROKERS NOT TO ACCEPT EQUIPMENT WHEN THE SERIAL NUMBER HAS BEEN REMOVED FROM THE EQUIPMENT AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.

Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4710 -- Reps. Davenport, Lee, Littlejohn, Lanford, Wells, Wilder, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND JOHN RENFRO OF LANDRUM FOR BEING NAMED CHAIRMAN OF THE 1996 ARTS PARTNERSHIP CAMPAIGN AND WISH HIM CONTINUED SUCCESS IN THE FUTURE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4711 -- Reps. Davenport, Lee, Littlejohn, Wells, Wilder, Lanford, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MILLIKEN & COMPANY FOR BEING AWARDED THE FIRST ENVIRONMENTAL CHAMPION AWARD RECOGNIZING OUTSTANDING PERFORMANCE IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S 33/50 PROGRAM WHICH ENCOURAGES THE REDUCTION IN A COMPANY'S USE OF SEVENTEEN TARGETED CHEMICALS, AND TO WISH THE COMPANY MUCH SUCCESS IN THE FUTURE.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 3062--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

Reps. HARRISON, HODGES and D. SMITH proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22338SD.96).

Amend the bill, as and if amended, by striking Section 2-1-105 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 2-1-105.     (A)     'Salaried office or position' means an office or position on the Employment Security Commission, the Public Service Commission, the Administrative Law Judge Division, or such other commissions or entities as may be established by law, in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.

(B)     No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly, and for a period thereafter equivalent to the time a former member of the General Assembly must be out of the General Assembly before he is eligible to apply for and be elected to a judicial office of the unified judicial system which is filled by election of the General Assembly./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Wednesday, March 13.

Rep. VAUGHN moved to table the motion, which was not agreed to by a division vote of 19 to 67.

The question then recurred to the motion to adjourn debate, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

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

H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.

Referred to Committee on Judiciary.

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

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby debate was adjourned on H. 3062 until Wednesday, March 13, and the motion was noted.

ADJOURNMENT

At 10:55 A.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Lillian Viola Cook Sullivan of Greenville, to meet at 10:00 A.M. tomorrow.

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