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

TUESDAY, MARCH 22, 1988

Tuesday, March 22, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Rev. Ron Davis, Pastor of Northside Baptist Church, Greenwood, S.C.:

Lord, this is a new day and it has many possibilities for good. Therefore, I ask that You would bless the efforts of each individual in this place.

May they remember that they are servants and not masters.

Grant them wisdom to serve well.

Grant them the desire and strength to serve with integrity.

Grant them sensitivity to truth and right.

Grant them boldness to speak the truth and to do what's right.

And give them a heart large enough to love and care for all the people of our state.

May they admit their limitations and weaknesses and seek help and guidance from one another and from You.

For some, this is a time of separation from their families, so, Father, I ask that You would bless and protect their families.

Now, Gracious Lord, let this be a good day for these dear people and all the people of our state. In Christ's Name I pray,

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.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 17, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 967)

House of Representative.

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 17, 1988, regulations concerning Licensing Requirements for Instructors in Cosmetology, Esthetics and Manicuring from the State Board of Cosmetology.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 17, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 820)

House of Representatives

Dear Mrs. Shealy:

The Board of Registration for Professional Engineers and Land Surveyors is hereby permanently withdrawing regulations pertaining to scope of Powers Granted to Tier B Land Surveyors, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN
AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 16, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 946)

House of Representatives

Dear Mrs. Shealy:

The Public Service Commission is hereby withdrawing and simultaneously resubmitting regulations with changes, effective this date. These regulations have been referred to the Labor, Commerce and Industry Committee.

Sincerely,
Robert J. Sheheen

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 17, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.347, H.3313 by a vote of: ayes 26; nays 2:
H. 3313 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTIONS 38-15-10 AND 38-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURETY INSURERS AND THE SPECIAL AUTHORITY REQUIRED FOR WRITING CERTAIN BONDS, FORMS OF THE BONDS, AND THE WITHDRAWAL OF THE SPECIAL AUTHORITY, SO AS TO DELETE THE GOVERNOR FROM THE LIST OF STATE OFFICIALS AUTHORIZED TO ACT UNDER THESE PROVISIONS; TO AMEND SECTION 38-15-40, RELATING TO THE EFFECT OF REDUCTION IN THE VALUE OF BONDS DEPOSITED BY A SURETY INSURER, SO AS TO PROVIDE THAT WHEN THE BONDS REQUIRED OF AN INSURER IN SECTION 38-15-30 ARE REDUCED BELOW THE VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, EXCEPT BY UNEXPECTED FLUCTUATION IN VALUE, THE RIGHT OF THAT INSURER TO DO BUSINESS MAY BE REVOKED OR SUSPENDED; AND TO AMEND SECTION 38-15-50, RELATING TO THE DEPOSIT OF CASH IN TRUST BY A SURETY INSURER IN LIEU OF GIVING BOND OR DEPOSITING SECURITIES, SO AS TO PROVIDE THAT IN LIEU OF DEPOSITING BONDS WITH A MARKET VALUE OF ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND DOLLARS, AN INSURER MAY SATISFY SECTION 38-15-30 BY DEPOSITING ONE HUNDRED THOUSAND, RATHER THAN FIFTY THOUSAND, DOLLARS IN CASH IN THE NAME OF THE CHIEF INSURANCE COMMISSIONER WITH THE TRUST DEPARTMENT OF A NATIONAL OR STATE BANK OF THIS STATE APPROVED BY THE CHIEF INSURANCE COMMISSIONER.

Very respectfully,
President

No. 3

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 17, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2831:
H. 2831 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 87 IN TITLE 44 SO AS TO REQUIRE LICENSING OF ASBESTOS ABATEMENT PROJECTS AND ASBESTOS REMOVAL CONTRACTORS, SUPERVISORS, WORKERS, AIR SAMPLING PROFESSIONALS, AND CONSULTANTS, TO PROVIDE A SCHEDULE OF FEES FOR THE LICENSES, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 22, 1988

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. KIRSH the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 22, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 2042:
H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Clyborne, Corning, P. Bradley, Haskins, Wells, McGinnis and Mappus: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Very respectfully,
President

No. 31

Received as information.

H. 2042--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C., March 27, 1988

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 2042 -- Reps. Rudnick, Barfield, J. Bradley, J. Brown, M.D. Burriss, Hearn, Kirsh, Clyborne, Corning, P. Bradley, Haskins, Wells, McGinnis and Mappus: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL PARKING IN HANDICAPPED PARKING PLACES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.
Beg leave to report that they have duly and carefully considered the same and recommend:

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

/SECTION 1. Section 56-3-1970 of the 1976 Code is amended to read:

"Section 56-3-1970. It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960.

It is unlawful for any person who is not handicapped or who.is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.

Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days for a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for not more than thirty days for a second offense, and must be fined not less than one hundred dollars or imprisoned for not more than thirty days for a third or subsequent offense."

SECTION 2. The 1976 Code is amended by adding:

"Section 56-3-1975. Each handicapped parking place must be clearly identified as a handicapped parking place. If the handicapped parking place is on public property, the marker must be maintained by the political subdivision having jurisdiction over the public property or the street or highway where the handicapped parking place is located. If the handicapped parking place is on private property, the marker must be maintained by the owner of the property/."

SECTION 3. This act takes effect upon approval of the Governor.

Respectfully submitted this 17th day of March, 1988.

Amend title to conform.

Senator J. Verne Smith, Chm.      Rep. Irene K. Rudnick
Senator Thomas E. Smith, Jr.      Rep. D.L. Aydlette, Jr.
Senator H. Samuel Stilwell        Rep. Jarvis R. Klapman
On Part of the Senate.               On Part of the House.

Rep. RUDNICK explained the Conference Report.

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

H. 2042--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

R. 438, H. 3787--GOVERNOR'S VETO SUSTAINED

The following was received.

STATE OF SOUTH CAROLINA
Office Of The Governor

March 21, 1988
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3787, R.438:
AN ACT TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.
This veto is based upon the fact that the provisions of this Bill are duplicative of the provisions of H. 1207 (R.372) which I signed into law on March 14, 1988. Since the purpose of the Bill has already been accomplished, the Bill is unnecessary as should be vetoed.

Yours Sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 61

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Burch
Burriss, J.H.          Burriss, M.D.          Chamblee
Cooper                 Dangerfield            Day
Ferguson               Foster                 Foxworth
Gordon                 Harris, P.             Haskins
Hearn                  Hendricks              Holt
Humphries              Johnson, J.C.          Keyserling
Kirsh                  Mappus                 Martin, L.
Mattos                 McEachin               McLellan
Nesbitt                Pearce                 Petty
Phillips, L.           Phillips, O.           Rice
Sharpe                 Sheheen                Shelton
Short                  Simpson                Sturkie
Thrailkill             Tucker                 Wells
Whipper                White                  Wilder
Winstead

Total--61

So the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 2071 -- Reps. Altman and P. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-860 SO AS TO PROHIBIT THE OPERATION OF AIRBOATS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4010 -- Rep. White: A CONCURRENT RESOLUTION TO COMMEND THE EFFORTS OF THE AMERICAN LUNG ASSOCIATION OF SOUTH CAROLINA'S MINORITY OUTREACH INITIATIVE AND ACKNOWLEDGE THE NEED FOR SPECIAL EMPHASIS IN THE PREVENTION, CONTROL, AND CURE OF LUNG DISEASE IN THE MINORITY POPULATIONS IN THIS STATE AND DECLARE THE MONTH OF APRIL AS HEALTH AWARENESS MONTH FOR MINORITIES SUFFERING FROM LUNG-RELATED DISEASES.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1337 -- Senators Shealy, Setzler and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THE BATESBURG-LEESVILLE HIGH SCHOOL BOYS' BASKETBALL TEAM AND ITS COACH, GARY PHILLIPS, OF LEXINGTON COUNTY, UPON WINNING THE CLASS AA STATE BASKETBALL CHAMPIONSHIP ON MARCH 12, 1988.

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

INTRODUCTION OF BILLS

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

H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 4012 -- Reps. J.W. McLeod, Gilbert, McEachin, Nettles and McKay: A BILL TO AMEND ACT 1817 OF 1972, RELATING TO THE FLORENCE COUNTY FIRE DISTRICT, SO AS TO PROVIDE THAT AMONG THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL TWO MEMBERS FROM EACH REPRESENTED FIRE DEPARTMENT MUST BE APPOINTED INSTEAD OF FROM EACH SUBDISTRICT.

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

H. 4013 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4014 -- Reps. Carnell, Aydlette, Townsend and J.C. Johnson: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO FULL OR PARTIAL PAYMENT FOR RENT CHARGED FOR ANY RENTAL PROPERTY.

Referred to Committee on Judiciary.

H. 4015 -- Rep. Harvin: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF MACHINERY USED IN THE PRODUCTION OF PORK AND PORK PRODUCTS ON SWINE FARMS AND NATURAL AND LIQUEFIED PETROLEUM GAS USED EXCLUSIVELY IN THE PRODUCTION OF PORK PRODUCTS.

Referred to Committee on Ways and Means.

H. 4016 -- Reps. Rudnick, Jones, G. Brown, Day, J. Brown, D. Martin, Koon, Barfield, Elliott and Gordon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE GENERAL ASSEMBLY, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON ANY VEHICLE EXCEPT THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

Rep. ALTMAN objected.

Referred to Committee on Education and Public Works.

H. 4017 -- Reps. Rudnick, Jones, G. Brown, Thrailkill, Chamblee, Humphries, Hearn, Day, Corning, J. Brown, D. Martin, Koon, Barfield and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION OR USE OF THE PLATE.

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

Rep. MATTOS objected.

Referred to Committee on Education and Public Works.

H. 4018 -- Reps. L. Martin and Hendricks: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND THE INSURANCE OR BOND REQUIRED OF CERTIFICATE HOLDERS GENERALLY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL, IN THE GRANTING OF A CERTIFICATE, REQUIRE THE APPLICANT TO PROCURE AND FILE EITHER LIABILITY AND PROPERTY DAMAGE INSURANCE, A SURETY BOND, OR A CERTIFICATE OF SELF-INSURANCE, RATHER THAN LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND ONLY, AND TO PROVIDE THAT THE POLICY OF INSURANCE, THE SURETY BOND, OR THE CERTIFICATE OF SELF-INSURANCE MUST CONTAIN SUCH CONDITIONS, PROVISIONS, AND LIMITATIONS AS THE COMMISSION MAY PRESCRIBE.

Referred to Committee on Labor, Commerce and Industry.

H. 4019 -- Reps. Kay, Carnell and Townsend: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE AND SELL A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.

Without reference.

H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4021 -- Reps. Rudnick, Kirsh, Foster, G. Bailey and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.

Referred to Committee on Judiciary.

S. 867 -- Senators Lee, Russell and Horace C. Smith: A BILL TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; AND TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD;OF EDUCATION TO FILL VACANCIES IN THE BOARDS.

Referred to Spartanburg Delegation.

S. 1073 -- Senator Pope: A BILL TO AMEND SECTION 34-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OWNERSHIP OF CERTAIN SHARES OF STOCK AS A CONDITION OF ELIGIBILITY FOR ELECTION AS A BANK DIRECTOR, SO AS TO FURTHER PROVIDE FOR THE STOCK WHICH MUST BE OWNED.

Referred to Committee on Labor, Commerce and Industry.

S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.

Referred to Committee on Judiciary.

S. 1332--POINT OF ORDER

S. 1332 -- Senator McLeod: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO APPROPRIATIONS FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO ALLOW THE COMMISSION TO FUND THE NET COSTS OF CONTRACTS FOR ANY SPECIAL THIRD PARTY LIABILITY COLLECTION EFFORTS FROM FUNDS COLLECTED IN THAT EFFORT, INCLUDING FUNDS COLLECTED THAT WERE ORIGINALLY EXPENDED IN PRIOR FISCAL YEARS.

POINT OF ORDER

Rep. McLELLAN raised the Point of Order that S.1332 was out of order as it appropriated money in violation of the Constitutional provision that bills which appropriate money must arise in the House.

The SPEAKER sustained the Point of Order and ordered the Joint Resolution returned to the Senate with a message that the House refused to accept the Joint Resolution.

RATIFICATION OF ACTS

At 12:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R443) S. 747 -- Senators Lourie, Land and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO PROVIDE THAT THE AMOUNT OF THE PENALTY IMPOSED UPON THE CARRIER OR EMPLOYER IN THE EVENT OF IMPROPER TERMINATION OR SUSPENSION OF BENEFITS MUST BE PAID TO THE EMPLOYEE, IN ADDITION TO THE AMOUNT OF BENEFITS WITHHELD.

(R444) S. 421 -- Senator Pope: AN ACT TO AMEND SECTION 42-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WITHDRAWAL OF WAIVER OF EXEMPTION BY AN EMPLOYER UNDER TITLE 42 (THE WORKERS' COMPENSATION LAW), SO AS TO PROVIDE THAT AN EMPLOYER DESIRING TO WITHDRAW FROM UNDER THE TERMS OF TITLE 42 MAY GIVE NOTICE IN WRITING EITHER TO THE WORKERS' COMPENSATION COMMISSION OR TO HIS INSURER WHO SHALL GIVE NOTICE IN WRITING TO THE COMMISSION, TO PROVIDE FOR A MONETARY PENALTY IF THE INSURER DOES NOT GIVE THE NOTICE TO THE COMMISSION, TO PROVIDE FOR THE USE OF THE PENALTY COLLECTED BY THE COMMISSION, TO PROVIDE THAT WHERE THE EMPLOYER GIVES THE NOTICE TO THE COMMISSION, THE COMMISSION SHALL, WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE, INFORM THE EMPLOYER THAT HE MUST PROVIDE WRITTEN NOTIFICATION BY A DATE CERTAIN TO HIS EMPLOYEES OF THE WITHDRAWAL, TO PROVIDE THAT NO EMPLOYER IS REQUIRED TO SO NOTIFY HIS EMPLOYEES UNLESS THE COMMISSION INFORMS HIM HE MUST DO SO, AND TO PROVIDE THAT AT THE EXPIRATION OF SIXTY DAYS FROM THE DATE OF WRITTEN NOTICE TO THE COMMISSION, THE EMPLOYER NO LONGER IS LIABLE UNDER THE TERMS OF TITLE 42 AND MAY BE PERMITTED TO SET UP ANY DEFENSE, AS ADVISED, TO ANY ACTION BROUGHT AGAINST HIM FOR PERSONAL INJURY OR DEATH BY ACCIDENT TO ANY EMPLOYEE; AND TO AMEND SECTION 42-5-80, RELATING TO THE LIABILITY OF THE INSURER UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE OBLIGATION OF THE INSURER TO MAKE PAYMENTS IS NOT AFFECTED BY ANY DEFAULT OF THE INSURED, RATHER THAN "BY ANY DEFAULT OF THE INSURED AFTER THE INJURY", AND TO PROVIDE THAT ANY INSURER WHO ISSUES A POLICY OF COMPENSATION INSURANCE TO AN EMPLOYER NOT SUBJECT TO TITLE 42 MAY NOT PLEAD AS A DEFENSE THAT THE EMPLOYER IS NOT SUBJECT TO TITLE 42 AND IS ESTOPPED TO DENY COVERAGE.

(R445) S. 922 -- Senator Saleeby: AN ACT TO AMEND SECTION 42-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY UNDER THE WORKERS' COMPENSATION LAW FOR CERTAIN INJURIES, SO AS TO INCREASE THE DISABILITY PERIOD FOR THE LOSS OF AN EYE.

(R446) S. 964 -- Senator Lee: AN.ACT TO AMEND SECTION 40-54-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS FOR THE CHAPTER ON DEALERS IN PRECIOUS METALS, SO AS TO ADD A DEFINITION FOR "PRECIOUS OR SEMIPRECIOUS STONE OR GEM" AND TO CHANGE ACCORDINGLY THE DEFINITIONS OF VARIOUS OTHER TERMS USED IN THE CHAPTER; AND TO AMEND SECTION 40-54-40, RELATING TO THE REQUIREMENT THAT DEALERS IN PRECIOUS METALS KEEP RECORDS OF CERTAIN PURCHASES AND TO CERTAIN PROVISIONS REGARDING THE SELLER'S IDENTITY, SO AS TO REQUIRE DEALERS TO KEEP A BOOK IN WHICH MUST BE WRITTEN CERTAIN INFORMATION AT THE TIME OF ANY PURCHASE OF PRECIOUS METAL OR PRECIOUS OR SEMIPRECIOUS STONES OR GEMS.

(R447) S. 71 -- Senators Peeler and Hinson: AN ACT TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF STATE PARK FACILITIES FREE OF CHARGE BY ACED, BLIND, OR DISABLED PERSONS AND DISABLED VETERANS AND TO REDUCED RATES FOR CAMPSITES, SO AS TO PROVIDE THAT AN IDENTIFICATION CARD FROM THE COUNTY VETERANS AFFAIRS OFFICER STATING THE VETERAN'S PERMANENT AND TOTAL DISABILITY MAY BE USED BY SUCH A VETERAN TO ENTER ANY STATE PARK WITHOUT CHARGE INSTEAD OF A CERTIFICATE FROM THE VETERANS ADMINISTRATION CERTIFYING THE VETERAN'S PERMANENT AND TOTAL DISABILITY, AND TO PROVIDE THAT A STATEMENT OF AGE OR DISABILITY MAY NOT BE MADE FOR ANY PERSON WHOSE AGE AND DISABILITY RECORDS ARE NOT MAINTAINED IN THE VETERANS AFFAIRS OFFICE AT WHICH THE REQUEST IS MADE.

(R448) S. 1217 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-73-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF EXCESSIVE OR UNREASONABLE RATES BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO AUTHORIZE HIM TO ORDER A REFUND OF PREMIUMS WHERE A DETERMINATION THAT EXCESSIVE OR UNREASONABLE PROFITS HAVE BEEN REALIZED; TO REPEAL SECTION 38-73-465 RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO ORDER RATES OF INDIVIDUAL INSURERS TO BE REVISED AND EXCESSIVE BENEFITS REBATED UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 38-77-30, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO DELETE THE DEFINITION OF "UNDERINSURED MOTOR VEHICLE".

(R449) S. 1215 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, RELATING TO PARKS AND RECREATION DEVELOPMENT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R450) H. 3567 -- Rep. Hayes: AN ACT TO AMEND ARTICLE 1, CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS, SO AS TO REVISE THE PROCEDURES WHICH MUST BE FOLLOWED IN JUDICIAL SALES OF PROPERTY WHICH IS SUBJECT TO THESE EXEMPTIONS AND TO REPEAL ARTICLE 3 AND ARTICLE 5 OF CHAPTER 41, TITLE 15, RELATING TO HOMESTEAD AND OTHER EXEMPTIONS.

(R451) H. 3305 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT INTEREST AT THE LEGAL RATE MUST BE PAID BY A LIFE INSURER ON A LUMP SUM DEATH BENEFIT IF THE INSURER FAILS TO PAY THE BENEFIT WITHIN THIRTY DAYS OF THE CLAIMANT SUBMITTING PROOF OF DEATH AND ANY NECESSARY CLAIM PAPERS NEEDED TO PAY THE CLAIM.

(R452) H. 3360 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL LICENSE FEE, SO AS TO PROVIDE A TEMPORARY RETAIL LICENSE FOR TRANSIENT RETAILERS SELLING IN THIS STATE FOR NOT MORE THAN THIRTY DAYS AT A FEE OF FIFTY DOLLARS.

(R453) H. 3827 -- Reps. R. Brown and J.W. McLeod: AN ACT TO PROVIDE THAT THE WILLIAMS PARK SUBDIVISION NEAR THE TOWN OF MULLINS CONSTITUTES A PART OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY, AND TO RELIEVE THE RESIDENTS OF THE SUBDIVISION OF THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER ONE OF MARION COUNTY AND PROVIDE THAT THEY SHALL ASSUME THE TAX OBLIGATIONS IMPOSED ON RESIDENTS OF SCHOOL DISTRICT NUMBER TWO OF MARION COUNTY.

(R454) H. 3901 -- Rep. Baker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-615 SO AS TO DESIGNATE FEBRUARY OF EACH YEAR AS AMERICAN HISTORY MONTH AND TO AMEND THE TITLE OF ARTICLE 9, CHAPTER 1; TITLE 1 TO REFLECT THE ADDED SECTION.

(R455) H. 3902 -- Reps. McLellan and T.C. Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS NOVEMBER 12 AND 13, 1987, MISSED BY SENECA JUNIOR HIGH SCHOOL STUDENTS IN OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MALFUNCTION OF THE HEATING SYSTEM ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

(R456) H. 3652 -- Reps. Kirsh, Nesbitt, Foster, Klapman and McLellan: AN ACT TO AMEND SECTION 5-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF DELINQUENT AD VALOREM PROPERTY TAXES BY MUNICIPALITIES, SO AS TO DELETE THE PROVISIONS RELATING TO THE COLLECTION OF REASONABLE EXPENSES NOT TO EXCEED FIVE PERCENT OF THE DELINQUENT TAXES AND PENALTIES INCURRED IN CONNECTION WITH EXECUTIONS AND ADD A PROVISION WHICH ALLOWS A MUNICIPALITY TO ADD THE EXPENSE OF THE LEVY, SEIZURE, AND SALE AND COLLECTED AS ADDITIONAL EXECUTION COSTS TO INCLUDE THE EXPENSE OF TAKING POSSESSION OF REAL OR PERSONAL PROPERTY, ADVERTISING, STORAGE, IDENTIFYING THE BOUNDARIES OF THE PROPERTY, AND MAILING CERTIFIED NOTICES.

(R457) H. 3362 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO REPEAL SECTION 12-21-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON PLAYING CARDS.

(R458) H. 3945 -- Rep. Blackwell: AN ACT TO DESIGNATE A ROAD IN GREENVILLE COUNTY AS "LITTLE TEXAS ROAD".

(R459) H. 3368 -- Reps. Kirsh, McTeer, Elliott and McLellan: AN ACT TO AMEND SECTION 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND OFFENSES UNDER THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE PROPERTY ASSESSMENTS WITHIN THE EVASION OFFENSE.

(R460) H. 2161 -- Reps. Edwards and D. Martin: AN ACT TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT BY THE GOVERNOR OF THE BOARD OF REGISTRATION IN EACH COUNTY, SO AS TO REQUIRE THE GOVERNOR TO NOTIFY THE STATE ELECTION COMMISSION IN WRITING OF THE APPOINTMENTS; SECTION 7-13-35, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO CHANGE THE REFERENCE FROM ELECTION COMMISSION TO AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION AND INCLUDE REFERENCES TO PRIMARY AND MUNICIPAL ELECTIONS, AND REQUIRE NOTIFICATION OF THE DATE, TIME, AND LOCATION OF THE HEARING ON CHALLENGED BALLOTS, LIST OF PRECINCTS INVOLVED IN THE ELECTION, AND THE LOCATION OF POLLING PLACES IN EACH OF THE PRECINCTS, AND DELETE LANGUAGE EXEMPTING THE PROVISIONS OF THIS SECTION FROM EXTENDING TO ANY SPECIAL ELECTION HELD TO FILL A VACANCY CREATED BY DEATH, RESIGNATION, OR REMOVAL FROM OFFICE; SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE GOVERNOR TO NOTIFY THE STATE ELECTION COMMISSION IN WRITING OF THE APPOINTMENTS, TO REQUIRE THE APPOINTMENT OF MANAGERS OF ELECTION ONLY FOR THE GENERAL ELECTION HELD ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN EACH EVEN-NUMBERED YEAR, AND TO ADD A PROVISION REQUIRING THE AUTHORITY CHARGED BY LAW WITH CONDUCTING THE PRIMARIES, SPECIAL, OR MUNICIPAL ELECTIONS, TO APPOINT THREE MANAGERS OF ELECTION FOR THE FIRST FIVE HUNDRED ELECTORS REGISTERED TO VOTE IN EACH PRECINCT; SECTION 7-13-90, RELATING TO THE MEETING OF THE COUNTY COMMITTEE, SO AS TO DELETE LANGUAGE APPOINTING A CLERK FOR EACH VOTING PLACE, AND MANAGERS FOR ANY POLLING PLACE IN WHICH FIVE HUNDRED OR MORE REGISTERED ELECTORS ARE ENTITLED TO VOTE; SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO CHANGE A REFERENCE IN THE QUALIFICATION TO VOTE OF ALLOWING A CITIZEN OF THE UNITED STATES RESIDING OUTSIDE THE UNITED STATES FROM THE FEDERAL OVERSEAS CITIZENS VOTING RIGHTS ACT OF 1975 (PUBLIC LAW 94-203) TO THE UNIFORMED AND OVERSEAS ABSENTEE VOTING ACT (PUBLIC LAW 9-410); AND SECTION 7-15-330, RELATING TO THE TIME OF SUBMITTING APPLICATIONS FOR ABSENTEE BALLOTS, SO AS TO AUTHORIZE THAT A REQUEST FOR AN APPLICATION TO VOTE BY ABSENTEE BALLOT MAY BE MADE ANY TIME DURING THE CALENDAR YEAR IN WHICH THE ELECTION IN WHICH THE QUALIFIED ELECTORS DESIRE TO VOTE BY ABSENTEE BALLOT IS BEING HELD RATHER THAN SIXTY DAYS PRIOR TO THE ELECTION IN WHICH THE QUALIFIED ELECTORS DESIRE TO VOTE BY ABSENTEE BALLOT.

THE HOUSE RESUMES

At 12:20 P.M. the House resumed, the SPEAKER in the Chair.

Rep. DAY moved that the House recede until 2:00 which was rejected by a division vote of 19 to 33.

LEAVE OF THE HOUSE GRANTED

On motion of Rep. J. ROGERS permission was granted for the Judicial Screening Committee, consisting of House Members ARTHUR, GENTRY, McEACHIN and J. ROGERS, to meet at 2:00 P.M.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 22, 1988.

John G. Felder                    James H. Hodges
Ken Bailey                        Jean Harris
R.S. Corning                      Larry Gentry
Robert Kohn                       Tom Limehouse
Jack Gregory                      Dick Elliott
Joseph McElveen                   Larry Koon
Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Reps. CORK and T.M. BURRISS a leave of absence for the week.

DOCTOR OF THE DAY

Announcement was made that Dr. Charles Petit of Columbia, is the Doctor of the Day for the General Assembly.

H. 3881--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3881 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS AND TO PROVIDE THAT 1987-88 FISCAL YEAR SURPLUS REVENUES MUST BE USED FIRST FOR THE APPROPRIATIONS IN THIS ACT; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT IF A TAXPAYER IS LIABLE FOR USE TAX NOT EXCEEDING ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY TAX PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-125 SO AS TO PROVIDE FOR THE ORDER OF EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; AND TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.

Rep. McLELLAN explained the Bill.

MOTION ADOPTED

Rep. McLELLAN moved to take the Bill up Section by Section and Item by Item, which was agreed to.

The Ways And Means Committee proposed the following Amendment No. 1 (Doc. No. 2687J), which was adopted.

Amend the bill, as and if amended, page 2, by inserting centered on line 3:

/PART I/.

Amend title to conform.

PART I
SECTION 1--AMENDED AND ADOPTED
ITEM 1--AMENDED AND ADOPTED

The Ways And Means Committee proposed the following Amendment No. 9 (Doc. No. 9243b), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 1 (1), ACCELERATED USE TAX COLLECTIONS, PAGE 2, by striking on line 14:

/$15,252,000/ and inserting /$15,500,000/.

Amend further, PART I, SECTION 1 (5), UNUSED FEDERAL FUNDS, by striking on line 31:

/$245,000/ and inserting /$250,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Item 1, as amended, was adopted.

ITEM 2--ADOPTED

Rep. McLELLAN explained the item.

Item 2 was adopted.

ITEM 3--ADOPTED

Rep. McLELLAN explained the item.

Item 3 was adopted.

ITEM 4--ADOPTED

Rep. McLELLAN explained the item.

Item 4 was adopted.

ITEM 5--ADOPTED

Rep. McLELLAN explained the item.

Item 5 was adopted.

ITEM 6--ADOPTED

Rep. McLELLAN explained the item.

Item 6 was adopted.

Section 1, as amended, was adopted.

SECTION 2, ITEM 1--INTERRUPTED DEBATE

Reps. SIMPSON, L. MARTIN and HENDRICKS proposed the following Amendment No. 61 (Doc. No. 9239b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2 (1), GOV. OFF.-SLED, PAGE 3, by striking line 3 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SIMPSON explained the amendment.

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

Rep. HELMLY moved that the House recede until Z:30, which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 2, Item 1.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVES OF ABSENCE

The SPEAKER granted Rep. BLACKWELL a temporary leave of absence to appear before the Senate Finance Committee.

The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.

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

H. 3881--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Section 2, Item 1.

H. 3881 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS AND TO PROVIDE THAT 1987-88 FISCAL YEAR SURPLUS REVENUES MUST BE USED FIRST FOR THE APPROPRIATIONS IN THIS ACT; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT IF A TAXPAYER IS LIABLE FOR USE TAX NOT EXCEEDING ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-125 SO AS TO PROVIDE FOR THE ORDER OF EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; AND TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.

SECTION 2--AMENDED AND ADOPTED
ITEM 1--ADOPTED

Item 1 was adopted.

ITEM 2--ADOPTED

Item 2 was adopted.

ITEM 3--ADOPTED

Item 3 was adopted.

ITEM 4--ADOPTED

Item 4 was adopted.

ITEM 5--DEBATE ADJOURNED

Rep. KIRSH explained the item.

Rep. BAKER moved to adjourn debate upon the item, which was adopted.

ITEM 5.1--AMENDED AND ADOPTED

Reps. KIRSH, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 17 (Doc. No. 2698J), which was adopted.

Amend the bill, as and if amended, in PART I, SECTION 2, by striking paragraph (5.1) beginning on page 3 and inserting:

/(5.1) Effective on the December 1, 1988, pay date, each state employee earning $20,000 or less annual salary as of the July 1, 1988, pay date shall receive a one-time lump sum bonus payment of $259. Those state employees earning more than $20,000 annual salary as of the July 1, 1988, pay date shall receive a one-time lump sum bonus payment in the amount of $129. This bonus payment is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to the various retirement systems. If possible, income tax withheld on the payment should be adjusted to avoid withholding anomalies. Only those state employees who have been in continuous state service from July 1, 1988, through December 1, 1988, may receive the bonus. Judicial department employees shall receive a lump sum bonus payment equal to the payment to classified state employees. Agency heads and judicial officers shall not receive the bonus payment. State appropriated funds may be used for an employee bonus only in the same ratio that the employee's base salary is paid from state appropriated sources./

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

Rep. McABEE spoke against the amendment.

Rep. BEASLEY spoke in favor of the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 10 to 70.

The question then recurred to the adoption of the amendment, which was agreed to.

Item 5.1, as amended, was adopted.

ITEM 5--ADOPTED

Debate was resumed on Item 5.

Item 5 was adopted.

ITEM 5.2--ADOPTED

Item 5.2 was adopted.

ITEM 5.3--ADOPTED

Item 5.3 was adopted.

ITEM 5.4--ADOPTED

Item 5.4 was adopted.

ITEM 6--AMENDED AND ADOPTED

Rep. BEASLEY proposed the following Amendment No. 25 (Doc. No. 2803J), which was adopted.

Amend the bill, as and if amended, by adding a new item after item (6) on page 5, which reads:

/(6.1) The funds appropriated under the Commission on Higher Education and designated as 'Cutting Edge' must not be expended until legislation specifying the programs of the 'Cutting Edge' is enacted./

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

Item 6, as amended, was adopted.

ITEM 7--ADOPTED

Item 7 was adopted.

ITEM 8--ADOPTED

Reps. WHIPPER and DANGERFIELD proposed the following Amendment No. 20 (Doc. No. 9237b), which was tabled.

Amend the bill, as and if amended, Part I, SECTION 2, (8) DEPARTMENT OF EDUCATION, Page 5, by inserting after Line 26:

/( )     Charleston County School District

( )     Awendah Cultural Comm. Center

Roof Repair/Heating System $25,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WHIPPER explained the amendment.

POINT OF ORDER

Reps KLAPMAN raised the Point of Order that Amendment No. 20 was out of order as it appropriated money to a private entity in violation of Rule 5.4.

The SPEAKER stated that the amendment appropriated money to the Charleston County School District for a specific purpose and he overruled the Point of Order.

Rep. WHIPPER continued speaking.

Rep. BOAN spoke against the amendment.

Rep. WASHINGTON spoke in favor of the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 47 to 35.

Item 8 was adopted.

ITEM 9--ADOPTED

Item 9 was adopted.

ITEM 10--ADOPTED

Item 10 was adopted.

ITEM 11--ADOPTED

Item 11 was adopted.

ITEM 12--ADOPTED

Item 12 was adopted.

ITEM 13--ADOPTED

Item 13 was adopted.

ITEM 14--ADOPTED

Item 14 was adopted.

ITEM 15--AMENDED AND DEBATE ADJOURNED

Rep. G. BROWN proposed the following Amendment No. 11 (Doc. No. 9232B), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 2, (15), DHEC, PAGE 6, by inserting after line 8:

/( )     Prenatal/Perinatal

Care Program                             $55,000/.

Amend further, by inserting a new item:

/(15. )The Department of Health and Environmental Control shall instruct any local area of the state that has the highest infant mortality rate in the state on methods of preventing infant deaths by implementing an early prenatal and perinatal program./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Rep. MATTOS moved to table the amendment, which was not agreed to by a division vote of 28 to 41.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 49 to 16.

Rep. BAKER proposed the following Amendment No. 19 (Doc. No. 9231b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (15), DHEC, PAGE 6, by inserting after line 8:

/( )     Rural Water and

Sewer Grants                             $ 50,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAKER explained the amendment.

Rep. P. HARRIS spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. BARFIELD proposed the following Amendment No. 30 (Doc. No. 9281b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, page 6, (15) Department of Health & Environmental Control, by inserting after line 16:

/( )     Horry County EMS Vehicle             $ 68,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. BARFIELD explained the amendment.

Rep. P. HARRIS moved to table the amendment, which was agreed to.

Rep. T. ROGERS moved to adjourn debate upon Item 15, which was adopted.

ITEM 16--ADOPTED

Rep. TOWNSEND proposed the following Amendment No. 22 (Doc. No. 9269b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, (16), Department of Mental Retardation, page 6, by inserting after line 16:

/( )     Belton Mental Retardation

Board                                             20,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 39 to 21..

Item 16 was adopted.

ITEM 17--AMENDED AND ADOPTED

Rep. BAXLEY proposed the following Amendment No. 21 (Doc. No. 9266B), which was rejected.

Amend FURTHER BY INSERTING AFTER LINE 20:

/( )     NATIONWIDE OUTREACH CENTER     $10,000/.

Amend FURTHER by inserting a new item:

/(17.____) OF THE FUNDS APPROPRIATED IN ITEM (17), DEPARTMENT OF SOCIAL SERVICES, $10,000 MUST BE ALLOCATED TO THE NATIONWIDE OUTREACH CENTER./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BAXLEY asked unanimous consent to amend the amendment at the desk, which was agreed to.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 21 was out of order as it appropriated funds to a private entity in violation of Rule 5.4.

The SPEAKER stated that the funds were appropriated to the Department of Social Services to then be allocated to a private organization, and he overruled the Point of Order.

The amendment was then rejected by a division vote of 29 to 35.

Rep. BAXLEY proposed the following Amendment No. 28-A (Doc. No. 9279b), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 2, (17) DSS, by inserting after line 20 /( ) Nationwide Outreach Center $10,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAILEY explained the amendment

The amendment was then adopted.

Item 17, as amended, was adopted.

ITEM 18--ADOPTED

Item 18 was adopted.

ITEM 19--ADOPTED

Item 19 was adopted.

ITEM 20--ADOPTED

Item 20 was adopted.

ITEM 21--ADOPTED

Item 21 was adopted.

ITEM 22--ADOPTED

Item 22 was adopted.

ITEM 23--ADOPTED

Item 23 was adopted.

ITEM 24--ADOPTED

Item 24 was adopted.

ITEM 25--DEBATE ADJOURNED

Rep. McABEE moved to adjourn debate upon the item, which was adopted.

ITEM 26--ADOPTED

Item 26 was adopted.

ITEM 27--ADOPTED

Item 27 was adopted.

ITEM 28--ADOPTED

Item 28 was adopted.

ITEM 29--ADOPTED

Item 29 was adopted.

ITEM 30--AMENDED AND ADOPTED

Reps. SIMPSON, L. MARTIN.and HENDRICKS proposed the following Amendment No. 5 (Doc. No. 9238b), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 2, (30) PRT, PAGE 7, by inserting after line 22: /( )Calhoun Mansion-Clemson Campus
Permanent Improvement                     $50,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SIMPSON explained the amendment.

Rep. HENDRICKS spoke in favor of the amendment.

Rep. GILBERT moved to table the amendment, which was not agreed to by a division vote of 17 to 46.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. J. BRADLEY, AYDLETTE, DANGERFIELD, FOXWORTH, HOLT, KOHN, MAPPUS, D. MARTIN, WASHINGTON, WHIPPER and WINSTEAD proposed the following Amendment No. 32 (Doc. No. 9272b), which was adopted.

Amend the bill, as and if amended, Part I, Section 2 (30) Parks, Recreation and Tourism, page 7, by inserting after line 22:

/( )     Governor's House-Charlestowne Landing

Furniture                             $50,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 38, which was adopted.

Amend as and if amended.

Part I, Section 2, (30) Parks, Recreation and Tourism Equipment (1) 20,000 -- These funds shall be used to establish an appropriate monument to the brave South Carolinians who perished at the Alamo on March 6, 1836. This monument shall be erected and placed, if at all possible, on the grounds of the State Capitol of South Carolina.

Rep. LOCKEMY explained the amendment.

Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 33 to 42.

The question then recurred to the adoption of the amendment, which was agreed to.

Item 30, as amended, was adopted.

ITEM 31--ADOPTED

Item 31 was adopted.

ITEM 32--ADOPTED

Item 32 was adopted.

ITEM 33--ADOPTED

Item 33 was adopted.

ITEM 34--ADOPTED

Item 34 was adopted.

ITEM 35--ADOPTED

Item 35 was adopted.

ITEM 36--ADOPTED

Item 36 was adopted.

ITEM 37--ADOPTED

Item 37 was adopted.

ITEM 38--ADOPTED

Item 38 was adopted.

ITEM 39--ADOPTED

Item 39 was adopted.

ITEM 40--ADOPTED

Item 40 was adopted.

ITEM 41--ADOPTED

Item 41 was adopted.

ITEM 42--ADOPTED

Item 42 was adopted.

ITEM 43--ADOPTED

Item 43 was adopted.

ITEM 44--ADOPTED

Reps. BEASLEY, NEILSON, BAXLEY and GILBERT proposed the following Amendment No. 28-B (Doc. No. 9280b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (44) AERONAUTICS COMMISSION, PAGE 8, by inserting after line 37, / ( )Darlington County Airport             $25,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BEASLEY explained the amendment.

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

LEAVE OF ABSENCE

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

Rep. PETTIGREW proposed the following Amendment No. 37 (Doc. No. 9284b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (44) AERONAUTICS COMMISSION, PAGE 8, by inserting after line 37:

/( )     RUNWAY PAVING                     $169,000/.

Amend further by inserting a new item:

/(44.) The funds appropriated for runway paving must be used for airports in counties with no paved public runways and where no other state funds have been committed for paving/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. PETTIGREW explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. O. PHILLIPS spoke against the amendment and moved to table the amendment, which was agreed to.

Item 44 was adopted.

Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 2 (Doc. No. 2701J), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by adding an appropriately numbered item to read:

/(____) Aiken County Public Library Renovations 50,000/.

Renumber items to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 46 to 20.

Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 3 (Doc. No. 2702J), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by adding an appropriately numbered item to read:

/(___) Aiken County Public Library Renovations 30,000/.

Renumber items to conform.

Amend totals and title to conform.

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

Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 4 (Doc. No. 2704J), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by adding an appropriately numbered item to read:

/(____) Aiken County Public Library Renovations 20,000/.

Renumber items to conform.

Amend totals and title to conform.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 42 to 25.

Rep. RHOAD proposed the following Amendment No. 10 (Doc. No. 9250b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by inserting an appropriately numbered item :

/( )     Commission on Aging

( )     Bamberg County-Senior Citizen Center
Expansion and Improvement                     $50,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. RHOAD explained the amendment.

Rep. KIRSH moved to table the amendment.

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

The amendment was then tabled by a division vote of 37 to 21.

Rep. KAY proposed the following Amendment No. 15 (Doc. No. 9236b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, by inserting an appropriately numbered item:

/( )     Department of Agriculture

( )     Abbeville Farmer's Market         $14,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KAY explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 38 to 27.

Rep. TOWNSEND proposed the following Amendment No. 23 (Doc. No. 9268b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by inserting an appropriately numbered item:
/( )     Aid to Subdivisions

( )     Belton Fire Department

( )     Equipment                         $27,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 44 to 19.

Reps. O. PHILLIPS and ARTHUR proposed the following Amendment No. 26 (Doc. No. 9273b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by inserting an appropriately numbered section:

/( )     Aid to Subdivisions

( )     Union County

Land Acquisition and

Building                         $125,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. O. PHILLIPS explained the amendment.

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

Rep. RHOAD proposed the following Amendment No. 49 (Doc. No. 9250b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by inserting an appropriately numbered item :
/     ( )     Commission on Aging

( )     Bamberg County-Senior Citizen Center

Expansion and Improvement                         $30,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. RHOAD explained the amendment.

Rep. McLELLAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 37 to 25.

Rep. KAY proposed the following Amendment No. 48 (Doc. No. 9236b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, by inserting an appropriately numbered item:

/     ( )     Department of Agriculture

( )     Abbeville Farmer's Market             $10,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KAY explained the amendment.

Rep. McLELLAN moved.to table the amendment, which was agreed to by a division vote of 35 to 34.

ITEM 1--MOTION TO RECONSIDER TABLED

Rep. M.D. BURRISS moved to reconsider the vote whereby Part 1, Section 2, Item 1 was adopted.

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

ITEM 15--ADOPTED

Debate was resumed on Item 15.

Rep. FABER proposed the following Amendment No. 40 (Doc. No. 9285b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (15) DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, PAGE 6, by inserting after line 8:

/( )     Upgrade water system

in Eastover                                 $50,000/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. FABER explained the amendment.

Rep. BLANDING moved to table the amendment, which was agreed to by a division vote of 41 to 25.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby Amendment No. 4 was tabled and the motion was noted.

Rep. BAKER proposed the following Amendment No. 51 (Doc. No. 9231b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (15), DHEC, PAGE 6, by inserting after line 8:

/( )     Rural Water and

Sewer Grants                             $60,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAKER explained the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 38 to 33.

Item 15 was adopted.

AMENDMENT NO. 4--MOTION TO RECONSIDER TABLED

The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 4 was tabled was taken up.

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

ITEM 25-AMENDED AND ADOPTED

Debate was resumed on Item 25.

Rep. WILDER proposed the following Amendment No. 41 (Doc. No. 9286b), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 2, (25) FORESTRY COMMISSION, PAGE 7, LINE 5, by inserting after (a) "Fire Fighting Equipment" /-ground units only/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. Wilder explained the amendment.

The amendment was then adopted.

Reps. WALDROP, McABEE and CARNELL proposed the following Amendment No. 43 (Doc. No. 9289b), which was tabled.

Amend the bill, as and if amended, Part I, Section 2, by inserting a new item after line 6:

/(25.1) Of the $1,000,000 appropriated herein for fire fighting equipment, $50,000 must be used for the construction of the district office in Newberry./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALDROP explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. WALDROP spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

Reps WALDROP demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 41 to 19.

LEAVES OF ABSENCE

The SPEAKER granted Reps. SHELTON and LIMEHOUSE a leave of absence for the remainder of the day.

AMENDMENT NO. 41--MOTION TO RECONSIDER TABLED

Rep. M.O. ALEXANDER moved to reconsider the vote whereby Amendment No. 41 was adopted.

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

Rep. WALDROP proposed the following Amendment No. 35 (Doc. No. 9274b), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 2, (25) FORESTRY COMMISSION, PAGE 7, by inserting after line 6:

/( )     Newberry District Office                     $50,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALDROP explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 34 to 19.

Item 25, as amended, was adopted.

ITEM 44.1--ADOPTED

Item 44.1 was adopted.

Section 2, as amended, was adopted.

SECTION 3--AMENDED AND ADOPTED

Rep. McLELLAN proposed the following Amendment No. 47 (Doc. No. 2811J), which was adopted.

Amend the bill, as and if amended, PART I,,Section 3, page 9, by adding an appropriately lettered subsection to read:

/( ) Any funds identified in Section 1 of this Part not expended before July 1, 1989, pursuant to the appropriations in this act may be carried forward to the succeeding fiscal year for the same purposes and the provisions of subsections (A) and (B) of this section shall apply for expenditures in the succeeding fiscal year./

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Section 3, as amended, was adopted.

PART II
SECTION 1

Section 1 was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

PART III--ADOPTED
SECTION 2--MOTION TO RECONSIDER TABLED

Rep. KAY moved to reconsider the vote whereby Section 2 was adopted.

Rep. McLELLAN moved to table the motion, which was agreed to by a division vote of 37 to 28.

The question then recurred to the passage of the Bill, as amended on second reading, which was agreed to.

H. 3882--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.

Rep. McLELLAN explained the Joint Resolution.

The yeas and nays were taken on the passage of the Resolution resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Baxley                 Beasley
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corning                Dangerfield            Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.W.          Keyserling             Kirsh
Klapman                Koon                   Lanford
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McElveen               McGinnis
McLellan               McLeod, E.B.           McTeer
Moss                   Nesbitt                Nettles
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Taylor                 Thrailkill
Tucker                 Waldrop                Washington
Wells                  Whipper                Wilder
Wilkins                Williams               Winstead

Total--96

Those who voted in the negative are:

Total--0

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

RECORDS FOR VOTING

I wish to be recorded as voting in favor of the Bill H. 3881.
Rep. JUANITA M. WHITE

I wish to be recorded as voting in favor of H. 3881.
Rep. J.C. JOHNSON

MOTION ADOPTED

Rep. McLELLAN moved that H. 3881 and H. 3882 be set for Special Order immediately following the Introduction of Bills tomorrow, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3868 -- Rep. Harvin: A CONCURRENT RESOLUTION DESIGNATING NOVEMBER 17, 1988, AS THE FIFTH ANNUAL SOUTH CAROLINA HISTORY DAY, AND AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE CONFEDERATION OF SOUTH CAROLINA LOCAL HISTORICAL SOCIETIES TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES AND THE SENATE CHAMBERS ON THAT DAY FOR THE CELEBRATION OF THIS EVENT.

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.

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