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

WEDNESDAY, APRIL 27, 1988

Wednesday, April 27, 1988
(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:

O God our Father, we pause in this prayer to show our dependence upon You and to seek Your guidance. Stay close to us throughout the hours of this day that we may know You more perfectly and serve You more faithfully. Meet us and guide us in the tasks of this day. Light up the dark areas; smooth out rough places; clarify ambiguous situations; sharpen our judgments in accord with Your will. Help us to shed old faults and to gain new virtues. Keep us from impatience, irritability, frustration or despair.

Hear our prayer, good Lord, which we make in our gratitude for Your goodnesses and in acknowledgement of our continual need of Your help.

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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1079:
S. 1079 -- Senators Doar, McLeod and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.
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., April 26, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1110:
S. 1110 -- Senator Drummond: A BILL TO AMEND SECTION 50- 17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 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. 3771:
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 1163 -- Senator Drummond: A BILL TO AMEND CHAPTERS 11 AND 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:

S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4133 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, CHAPTER 54 OF TITLE 12 ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 5, IN CHAPTER 54 OF TITLE 12, RELATING TO TAX ENFORCEMENT, SO AS TO PROVIDE FOR AUDITS BY SAMPLING PROCEDURES.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4181 -- Reps. Kirsh, McLellan, Klapman, Blackwell, Sheheen, P. Harris, Holt, Edwards, Day, Carnell, Keyserling and Mattos: A BILL TO AMEND SECTIONS 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, 59-63-720, AND 59-65-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, PUBLIC BUILDINGS AND PROPERTY, PARKS, RECREATION AND TOURISM, AND EDUCATION, SO AS TO PROVIDE FOR SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE GENERAL ASSEMBLY AND LIEUTENANT GOVERNOR, TO PROVIDE FOR APPROVAL OF THE PURCHASE OF SUPPLIES FOR THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE ADDITIONAL DUTIES FOR THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, TO PROVIDE FOR REIMBURSEMENT OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO REVISE THE DUTIES OF THE STATE HOUSE COMMITTEE, TO DEFINE THE RESPONSIBILITIES OF THE JOINT COMMITTEE ON TOURISM AND TRADE, TO PROHIBIT RECEIPT OF HOLD HARMLESS FUNDS BY ADDITIONAL SCHOOL DISTRICTS, AND TO PROVIDE FOR APPROPRIATIONS FOR SCHOOL LUNCH SUPERVISORS AND THE DIVISION OF SCHOOL LUNCH PROGRAM AID APPROPRIATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190, 2-3-35, 2-3-55, 2-3-73, 2-3-77, 2-3-85, 2-3-135, 2-3-152, 2-3-155, 2-3-175, 2-3-240, 2-3-250, 2-3-260, 2-3-280, 2-3-290, 2-7-63, 2-11-100, 8-11-75, 11-11-140, 38-73-725, 43-31-160, 46-7-100, 50-1-155, 51-1-100, 51-1-110, 51-1-120, 51-1-130, 51-1-140, 59-20-90, 59-20-100, 59-20-110, 59-21-125, 59-21-135, 59-21-410, 59-21-415, 59-21-435, 59-21-445, 59-25-70, 59-25-80, 59-31-420, 59-47-95, 59-47-97, 59-47-120, 59-51-60, 59-103-160, 59-103-170, 60-11-110, 60-11-120, 60-13-60, AND 60-15-100 SO AS TO PROVIDE FOR FUNDING OF THE DUES TO THE COUNCIL OF STATE GOVERNMENTS AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO PROVIDE FOR SUBSISTENCE EXPENSE PAYMENTS TO THE MEMBERS OF THE GENERAL ASSEMBLY SERVING ON JOINT STUDY COMMITTEES AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DETAIL THE CIRCUMSTANCES UNDER WHICH SUBSISTENCE IS ALLOWED, TO PROVIDE FOR INSTALLATION OF TELEPHONE SERVICE IN THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE PREPARATION OF EXPENSE AND COMPENSATION VOUCHERS OF GENERAL ASSEMBLY COMMITTEES AND FOR THE APPROVAL OF SENATE PAYROLL AND DISBURSEMENT VOUCHERS AND INTERDEPARTMENTAL TRANSFERS, TO PROVIDE FOR THE MANAGEMENT OF THE LEGISLATIVE INFORMATION SYSTEMS, TO PROVIDE THAT THE CLERK OF THE HOUSE OF REPRESENTATIVES IS REQUIRED TO SEND ONLY ONE COPY OF EACH ACT TO THE COUNTY CLERKS OF COURT, TO PROVIDE FOR APPOINTMENTS OF THE DIRECTORS OF RESEARCH FOR THE HOUSE OF REPRESENTATIVES AND THEIR TITLES, TO PROVIDE FOR THE PAYMENT OF THE SALARIES OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR PAYMENT OF TEMPORARY CLERICAL HELP FOR THE SENATE FINANCE AND JUDICIARY COMMITTEES, PRESIDENT OF THE SENATE, HOUSE OF REPRESENTATIVES WAYS AND MEANS AND JUDICIARY COMMITTEES, SPEAKER OF THE HOUSE, CLERKS OF THE SENATE AND HOUSE, AND LEGISLATIVE COUNCIL, TO PROVIDE THAT NO PER DIEM MAY BE PAID TO ANY LEGISLATIVE OFFICIAL OR EMPLOYEE FROM MORE THAN ONE SOURCE FOR ANY ONE DAY, TO PROVIDE FOR PICTURES TO BE MADE OF THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR AUDITING OF APPROVED ACCOUNTS OF THE SENATE, HOUSE OF REPRESENTATIVES, SPECIAL SERVICES FOR THE SENATE AND HOUSE, LEGISLATIVE COUNCIL, AND JOINT LEGISLATIVE COMMITTEES AND PROVIDE FOR THE FUNDING AND OPERATION OF THE COMMITTEES, TO PROVIDE FOR THE SENATE STANDING COMMITTEES TO CONTRACT FOR NECESSARY PROJECTS, PROGRAMS, AND SERVICES, TO PROVIDE FOR THE BENEFITS AND COMPENSATION FOR THE NURSES WHO PROVIDE SPECIAL SERVICES TO THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR EACH COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES AND EACH JOINT LEGISLATIVE COMMITTEE TO PROVIDE A LIST TO THE GENERAL ASSEMBLY OF ALL EMPLOYEES WHO HOLD DUAL POSITIONS OF STATE EMPLOYMENT, TO REQUIRE AN AUDIT OF JOINT LEGISLATIVE COMMITTEE APPROPRIATIONS, TO PROVIDE FOR LEGISLATIVE COUNCIL RESEARCH EMPLOYEES TO BE AVAILABLE TO WORK WITH SENATE AND HOUSE OF REPRESENTATIVE COMMITTEES, TO PROVIDE FOR PAYROLL DEDUCTIONS FOR PARKING FEES, TO PROVIDE FOR THE DESIGNATION AND SALARIES OF LEGISLATIVE EMPLOYEES PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FUNDS FOR THE OPERATION OF THE STATE RATING AND STATISTICAL DIVISION OF THE INSURANCE DEPARTMENT, TO PROVIDE THAT REVENUES FROM PRODUCTION BY TRAINEES AT VOCATIONAL REHABILITATION FACILITIES MAY BE USED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO REQUIRE CLEMSON UNIVERSITY, REGULATORY AND PUBLIC SERVICE DIVISION, TO REMIT REVENUES TO THE GENERAL FUND OF THE STATE, TO PROVIDE FOR USE OF THE GAME PROTECTION FUND, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM WHEN EXPENDING APPROPRIATIONS FOR A CANADIAN PROMOTION SHALL DESIGNATE ONE DAY OF THE PROMOTION AS "CANADIAN DAY" AND TO PROVIDE THAT ALL CANADIANS ARE ALLOWED ADMITTANCE TO STATE PARKS AND USE OF PARK CAMPING FACILITIES ON CANADIAN DAY FREE OF CHARGE, TO PROVIDE THAT FUNDING OF REGIONAL TOURISM PROMOTION COMMITTEES IS CONTINGENT UPON AT LEAST A TWENTY-FIVE PERCENT MATCH FROM LOCAL SOURCES, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO ESTABLISH A SCHOLARSHIP PROGRAM WITH CLEMSON UNIVERSITY TO ASSIST STUDENTS IN THE SCHOOL OF PARKS, RECREATION AND TOURISM MANAGEMENT, TO PROVIDE THAT ANY MONIES DERIVED FROM THE GIFT/ SOUVENIR SHOP AT THE BOYLSTON HOUSE MUST BE USED FOR ITS CONTINUING OPERATION, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO CHARGE A FEE TO COMMERCIAL CONCERNS FOR THE COST OF VACATION GUIDES, RESEARCH REPORTS, AND MAILING LISTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE FEES ARE DISTRIBUTED AND USED, TO PROVIDE FOR DISBURSEMENT OF EDUCATION FUNDS TO THE DEPARTMENT OF YOUTH SERVICES, TO FUND THE PALMETTO UNIFIED SCHOOL DISTRICT, TO PROVIDE THAT SPECIFIC APPROPRIATIONS MUST INCLUDE LOCAL FINANCIAL SUPPORT FOR EDUCATION, TO PROVIDE FOR THE USE OF DIRECT AID TO SCHOOL DISTRICTS' APPROPRIATIONS, TO PROVIDE FOR ADJUSTMENTS IN SCHOOL, DISTRICT ENTITLEMENTS FOR WEIGHTED PUPIL UNITS, TO PROVIDE FOR REDUCTION OF SCHOOL BUILDING AID DURING REVENUE SHORTFALLS, TO EXEMPT VOCATIONAL EDUCATION FACILITIES AND EQUIPMENT FROM PURCHASE OR CONSTRUCTION CONTRACTS, TO PROVIDE THAT SCHOOL BUILDING AID APPROPRIATIONS MUST BE HELD IN TRUST UNTIL USED AS PROVIDED BY SECTION 59-21-350, TO EXEMPT TEACHERS IN YOUTH SERVICES, CORRECTIONS, AND DEAF AND BLIND SCHOOLS FROM HUMAN RESOURCE MANAGEMENT CLASSIFICATION, TO REQUIRE MAINTENANCE OF TEACHER LOCAL SALARY SUPPLEMENTS, TO PROVIDE FOR UPKEEP OF USED TEXTBOOKS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE TUITION, ROOM AND BOARD, AND OTHER FEES TO STUDENTS ACCEPTED INTO THE ADULT VOCATIONAL PROGRAM, AND TO PROVIDE THAT THESE FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE FEES FOR HOUSING OF HEARING IMPAIRED ADULTS WHO RECEIVE VOCATIONAL EDUCATION SERVICES BY THE VOCATIONAL REHABILITATION FACILITY ON THE SCHOOL'S CAMPUS, AND TO PROVIDE THAT FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS AND THAT SUCH REVENUE MUST BE RETAINED BY THE SCHOOL TO OFFSET CERTAIN ADDITIONAL OPERATING COSTS, TO AUTHORIZE SCHOOL BUSES OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO TRAVEL AT SPEEDS UP TO FIFTY-FIVE MILES AN HOUR, NOT TO EXCEED THE POSTED LIMIT, AND TO PROVIDE THAT NO FUNDS APPROPRIATED FOR EQUIPMENT MAY BE USED FOR THE PURCHASE OF GOVERNORS FOR SCHOOL BUSES OF THE SCHOOL, TO REQUIRE THE WIL LOU GRAY OPPORTUNITY SCHOOL TO PROVIDE EDUCATION SERVICES FOR TRUANT STUDENTS, TO REQUIRE NOTICE OF FEE RAISES BY STATE-SUPPORTED COLLEGES AND UNIVERSITIES, TO REQUIRE APPROVAL OF DISPOSAL OF LOCAL HIGHER EDUCATION REAL PROPERTY, TO PROVIDE FOR GIFTS BY THE STATE MUSEUM COMMISSION TO EDUCATIONAL INSTITUTIONS, TO AUTHORIZE THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO SUPPLY ONE FREE COPY OF EACH NEW PUBLICATION TO CERTAIN LIBRARIES AND PERSONS, TO PROVIDE THAT THE FUNDS EARNED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR ADMINISTERING THE NATIONAL HISTORIC PRESERVATION PROGRAM IN THIS STATE, WITH THE EXCEPTION OF CERTAIN MONIES, MUST BE DEPOSITED IN A SPECIAL ACCOUNT IN THE STATE TREASURY, TO BE USED BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR A HISTORIC PRESERVATION GRANTS PROGRAM, AND TO PROVIDE FOR THE USE BY THE SOUTH CAROLINA ARTS COMMISSION OF REVENUES DERIVED FROM ARTS EVENTS AND BALANCES AT END OF THE FISCAL YEAR.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1371 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE BY THE PUBLIC SERVICE COMMISSION, SO AS TO PERMIT A CARRIER TO FURNISH THE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.

Ordered for consideration tomorrow.

Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: A BILL TO AMEND SECTIONS 40-57-90 AND 40-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS FOR REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS, SO AS TO DELETE THE REQUIREMENT THAT IN ORDER TO OBTAIN A REAL ESTATE LICENSE A PERSON MUST BE A RESIDENT OF SOUTH CAROLINA, AND TO PROVIDE FOR THE LICENSING AND REGULATION OF NONRESIDENT REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS.

Ordered for consideration tomorrow.

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

H. 3741 -- Rep. Beasley: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TEST TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS IN THE SYSTEM OF A MOTOR VEHICLE OPERATOR, SO AS TO REQUIRE HEARINGS TO BE HELD AS PROVIDED BY ARTICLE 3, CHAPTER 23, TITLE 1 OF THE 1976 CODE (THE ADMINISTRATIVE PROCEDURES ACT).

Ordered for consideration tomorrow.

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

H. 4135 -- Reps. Edwards, Baxley, Ferguson and Felder: A BILL TO AMEND SECTION 58-23-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR CERTIFICATES TO OPERATE AS A MOTOR VEHICLE COMMON CARRIER, SO AS TO PROVIDE THAT IF AN APPLICATION IS DENIED ANOTHER APPLICATION MAY NOT BE MADE UNTIL AT LEAST SIX MONTHS HAVE ELAPSED SINCE THE DATE OF DENIAL.

Ordered for consideration tomorrow.

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

S. 1381 -- Education Committee: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE THE PROVISIONS PERTAINING TO FUNDING FOR ELIGIBLE COMPENSATORY AND REMEDIAL CHILDREN AND FOR BLOCK GRANTS AND PERTAINING TO REGULATIONS AND TO PROVIDE THAT NO STUDENT WHO SCORES AT OR ABOVE BASIC SKILLS ASSESSMENT PROGRAM STANDARD IS ELIGIBLE FOR EITHER COMPENSATORY OR REMEDIAL FUNDING.

Ordered for consideration tomorrow.

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

S. 1382 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR AND EVALUATION AND TRAINING OF SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN EVALUATION ONCE EVERY THREE YEARS INSTEAD OF ONCE EVERY FOUR YEARS AND FOR EVALUATION AND VALIDATION ONE YEAR AFTER A TRAINING PROGRAM IS COMPLETED.

Ordered for consideration tomorrow.

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

S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISION OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4212 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

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

Referred to Committee on Judiciary.

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, K.
Barfield               Baxley                 Beasley
Blackwell              Boan                   Bradley, J.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Faber                  Fair                   Ferguson
Foxworth               Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Lanford                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
Moss                   Neilson                Nettles
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Simpson
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 April 27, 1988.

J.H. Nesbitt                      George H. Bailey
L.E. Bennett                      T.W. Edwards
Larry Gentry                      John J. Snow, Jr.
Doug E. McTeer                    Paul Derrick
Dell Baker                        Thomas A. Limehouse
John G. Felder                    Philip T. Bradley
Grady Brown                       R.S. Corning
Joseph McElveen                   Robert A. Kohn
Larry Blanding                    E. Crosby Lewis
Dick Elliott                      Paul Short
Jack Gregory                      Sara Shelton
S.R. Foster                       Lewis Phillips
John H. Burriss                   Larry Koon
Total Present--122

STATEMENTS OF ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 20, 1988.

Reps. BLANDING, FOXWORTH, LEWIS, LIMEHOUSE and RHOAD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 21, 1988.

Reps. O. PHILLIPS, K. BAILEY and GREGORY signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 26, 1988.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 26, 1988.
Rep. LARRY GENTRY

LEAVE OF ABSENCE

The SPEAKER granted Reps. L. PHILLIPS and SHELTON a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Marion McFarland of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4099 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3937 -- Rep. Wilkins: A BILL TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.

H. 4050 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE INSURANCE COMMISSION, SO AS TO PROVIDE THAT THERE MUST BE TWO EX OFFICIO MEMBERS OF THE COMMISSION, ONE OF WHOM IS A MEMBER OF THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF, AND ONE OF WHOM IS A MEMBER OF THE SENATE BANKING AND INSURANCE COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 988 -- Senators Courson and Setzler: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE MOTHER, FATHER, AND A SPOUSE'S MOTHER AND FATHER.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1181 -- Senators Peeler and Lee: A BILL TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.

S. 1277 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES AND MUNICIPAL CORPORATIONS, SO AS TO EXEMPT FROM BUSINESS LICENSE TAXES ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES WHICH ARE EXEMPT FROM LICENSE TAX UNDER ANOTHER LAW AND TO LIMIT THE RIGHT TO LEVY A BUSINESS LICENSE TAX ON BUSINESSES ENGAGED IN MAKING LOANS SECURED BY REAL ESTATE.

S. 1321 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1322 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO AMUSEMENT RIDES SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1323 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1325 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF STATE FIRE MARSHAL, RELATING TO TENTS, GRANDSTANDS AND AIRSUPPORTED STRUCTURES, DESIGNATED AS REGULATION DOCUMENT NUMBER 928, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

LEAVE OF ABSENCE

The SPEAKER granted Reps. MAPPUS AND McLELLAN a temporary leave of absence.

H. 3107--DEBATE ADJOURNED

The following Bill was taken up.

H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-115 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE.

Rep. RUDNICK explained the Bill and moved to adjourn debate upon the Bill until Thursday, April 28, which was adopted.

S. 943--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

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

H. 4081--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4081 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT A RESIDENT ASSISTING IN A BOAT A PERSON POSSESSING A PERMIT AND ASSOCIATED TAGS TO TAKE SHRIMP OVER BAIT IS NOT REQUIRED TO HAVE A PERMIT OR TAGS.

Rep. FOXWORTH proposed the following Amendment No. 1 (Doc. No. 0100R), which was adopted.

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

SECTION 1. Section 50-17-1620(C) of the 1976 Code as last amended by an act of 1988 bearing Ratification Number 308 is further amended to read:

"(C) It is unlawful for a resident or nonresident of this State to take shrimp by cast net over bait during the open season unless he first obtains from the department a shrimp baiting permit and associated tags, except that a resident possessing the required permit and associated tags, while shrimping from a boat may be assisted in casting by other resident individuals in the boat with him and those individuals are not required to have a permit or associated tags. Upon receipt of application and fees, the department shall issue the permit along with ten marking device tags bearing the corresponding permit number. Each permittee while shrimping over bait shall carry on his person his baiting permit and upon demand shall show it to a conservation officer."

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

Amend title to conform.

Rep. FOXWORTH explained the amendment.

The amendment was then adopted.

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

S. 890--DEBATE ADJOURNED

Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Wednesday, May 4, which was adopted.

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

S. 1218--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1218 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO EXEMPT AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; TO AMEND SECTION 38-75-210, RELATING TO THE REQUIREMENT THAT HAZARD INSURANCE ON MOBILE HOMES MAY NOT BE WRITTEN FOR A PERIOD IN EXCESS OF THREE YEARS, SO AS TO CHANGE THE BASIS ON WHICH A REFUND IS MADE IF THE POLICY IS CANCELED DURING THE SECOND YEAR OF THE POLICY TERM; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSURER OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.

Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6429k), which was adopted.

Amend the bill, as and if amended, by striking the bill in its entirety after the enacting words and inserting:

/Section 1. Article 9 of Chapter 73 of Title 38 of the 1976 Code is amended by adding:

"Section 38-73-1105. The definition of 'underinsured motor vehicle' contained in item (14) of Section 38-77-30 may not be used by an insurer unless the insurer reduces his rate for underinsured motorist coverage by an amount determined appropriate by the Commissioner and refunds any such premium that the Commissioner determines is necessary to correspond with the new definition. An insurer may not use the definition in its settlement negotiations unless the insurer has filed and the Commissioner has approved an endorsement to its contract. If an insurer uses the new definition in its negotiations with a person before having the contract endorsed it is an unfair claims practice and in addition is bad faith entitling the injured person to reasonable attorney fees, punitive damages, and all actual damages."

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

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

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

H. 4116--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4116 -- Reps. J. Bradley, Neilson, M.O. Alexander, G. Bailey, Harvin, Kohn and J.W. McLeod: A BILL TO AMEND SECTIONS 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-280, AS AMENDED, 38-77-910, 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE THE MANNER IN WHICH AUTOMOBILE INSURANCE RATES ARE SET AND DETERMINED IN THIS STATE, AND TO REPEAL SECTION 38-73-455 AND SECTION 38-73-457, RELATING TO BASIC AND OBJECTIVE STANDARD RATES FOR AUTOMOBILE INSURANCE, AND SECTION 2 OF ACT 166 OF 1987, RELATING TO AUTOMOBILE INSURANCE RATES FOR YOUTHFUL OPERATORS OF MOTOR VEHICLES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3179J).

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

/SECTION 1. Section 38-73-10(2) of the 1976 Code is amended to read:

"(2) empower the Commissioner to fix, establish, and promulgate any uniform statistical plan or plans necessary or appropriate to obtain all automobile insurance loss and loss adjustment expense experience, other expense experience, and all other appropriate statistical and financial data from insurers, rating organizations, and advisory organizations engaged in an automobile insurance business in this State to the end that the State Rating and Statistical Division Commissioner shall promulgate, not less than annually, the risk and territorial classification plan or plans to be used by all insurers of automobile insurance in this State and in order that the Commissioner may test, not less than annually, the class and territorial differentials previously established against the most recently available loss experience;"

SECTION 2. Section 38-73-720 of the 1976 Code is amended to read:

"Section 38-73-720. The State Rating and Statistical Division is empowered through order of the Commissioner to fix, establish, and promulgate fair and reasonable classifications and territories for automobile insurance risks in accordance with the criteria and standards mentioned in Section 38-73-730 and consistent with the purposes of this chapter and Chapter 77 of this title.

Notwithstanding any other provision of law, every automobile insurer and rating organization shall, prior to October 1, 1988, file with the Commissioner for approval a classification plan for automobile insurance for the establishment of rates and premiums. The filed classification plans must be introduced actuarially on-balance so that no increase in income level is produced by the filed classification plans. Decreases for income levels are encouraged. The filed classification plans may not have more than thirty-five individual classifications and may not consider race, religion, national origin, or economic status. The classification plans as filed by these insurers and rating organizations are effective on or after January 1, 1989, for all eligible applicants and upon the renewal date, on or after January 1, 1989, for all existing policyholders. Classification plans may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. These standards may measure any differences among risks which may have a probable effect upon losses or expenses.

The Commissioner is empowered to promulgate reasonable territories.

Auto insurance risks must be rated in accordance with the criteria and standards mentioned in Section 38-73-730 and consistent with the purposes of this chapter and Chapter 77 of this title."

SECTION 3. Section 38-73-730 of the 1976 Code is amended to read:

"Section 38-73-730. No distinctions are permitted nor may be made between policyholders or applicants for automobile insurance as respects coverages, policy terms, rates, premium payment arrangements, claim services, or other services provided by the insurer directly or through its agents or employees except as the distinctions are relevant to and reflected in insurers' rating classifications under risk and territorial classification plans promulgated or approved by the Commissioner. No risk classification plan may be promulgated approved unless the criteria used for classifying risks are objective, clear, and unequivocal and based upon factually or statistically supported data, nor unless the classifications in the rating plan are calculated to render possible the compilation of credible statistical data both for purposes of determining premiums and losses and for comparing the relative relationships between the loss or expense experience or both of the respective classes. The legislative intent is to make it possible for the Commissioner to determine the total profit or loss and expense operating results of the entire line of automobile insurance and each component thereof and of each automobile insurer transacting insurance within the line and each component and to make price comparisons between the rates and premium charges of the various insurers. It is further the policy of this chapter to render possible the evaluation by the Commissioner of the performance of the total insurance market and to enable him thereby to assist automobile insurance consumers in making appropriate consumer decisions."

SECTION 4. Section 38-73-735 of the 1976 Code is amended to read:

"Section 38-73-735. In addition to risk and territorial classification plans promulgated or approved under Section 38-73-730, the Commissioner may promulgate plans to afford credits or discounts to automobile insureds, or he may approve the credit or discount plans filed with him by insurers of automobile insurance. No automobile insurance credit or discount plan may be promulgated or approved by the Commissioner unless: (1) the criteria for determining eligibility for credits or discounts under the plan are objective, clear, and unequivocal; (2) the criteria are based upon factually or statistically supported data; and (3) the credits or discounts provided under the plan will be afforded by the insurer on a nondiscriminatory basis to all insureds who are eligible therefor. If an insurance credit or discount plan is given to an insured pursuant to this section, the policy may not be ceded to the Reinsurance Facility unless the credit or discount was promulgated by the Commissioner for use by all insurers of automobile insurance."

SECTION 5. Section 38-73-750 of the 1976 Code is amended to read:

"Automobile insurers shall file with the State Rating and Statistical Division their plans or systems for allocating expenses and profit as respects the various kinds or types of automobile insurance risks and the classes of risks thereunder. However, no plan or system may be filed which is inconsistent with the classification of risks promulgated approved by the State Rating and Statistical Division Commissioner. No plan or system may be filed or approved if the purpose or effect is to discriminate unfairly or unreasonably in respect to the allocation of expenses or profit between classes of risks or if the purpose or effect is to impose a burden or detriment upon the South Carolina Reinsurance Facility or to secure to the insurer using the plan or system an unfair or unreasonable competitive advantage to the detriment of the South Carolina Reinsurance Facility or other insurers. The Commissioner shall, after due notice and hearing, disapprove and disallow the further use of an inconsistent, discriminatory, burdensome, or competitively unfair plan or system for the allocation of expenses and profit."

SECTION 6. Section 38-73-760(b) of the 1976 Code is amended to read:

"(b) The statistical plan or plans may be devised and promulgated so as to provide for any and all statistical and financial data necessary or appropriate to the implementation of the policy of this chapter or Chapter 77 of this title or to yield statistical data reasonably and fairly related to any of the purposes of this article, including, but not limited to, the fixing, establishing, and promulgating approving of risk and the promulgating of territorial classification plans for automobile insurance; determining the pure loss rate level indications for automobile insurance in South Carolina based upon all South Carolina loss experience and assisting in the translating of this information into usable form for insurance consumers in terms of the final rates or premium charges of each insurer of automobile insurance, determining the reasonability of loss adjustment expenses, other expenses and profit factors applied by insurers to their pure loss components in arriving at their final rates or premium charges for automobile insurance both for purposes of ensuring that the final rates or premium charges are adequate, not excessive, and not unfairly discriminatory and for ensuring that improper and undue burdens are not imposed upon the South Carolina Reinsurance Facility by way of excessive ceding commissions to ceding insurers determining the amount, validity, and propriety of class and territorial differentials applied to the general pure loss rate levels and testing not less than annually the appropriateness of the existing differentials in the light of the most recent available loss experience data; determining the amount, validity, and propriety of surcharges and discounts referable to any uniform merit rating plan or system which may have been promulgated by the State Rating and Statistical Division Commissioner or which may be under consideration for promulgation, and testing not less than annually, the appropriateness of the surcharges and discounts in the light of the most recent available loss experience data; determining the propriety or validity of any plan for the classification of risks which may be in effect or under consideration based upon the propensities of motor vehicles or classes or types of motor vehicles or their equipment to shield occupants from death or serious injury as a result of crash or based upon the relative invulnerability of the motor vehicles or classes or types of motor vehicles to extensive damage as a result of crash or their repairability at modest expense; or obtaining data relevant to studies being made or to be made by the State Rating and Statistical Division in connection with any of the foregoing or in connection with means and methods for providing appropriate rates for insurance consumers or fostering and encouraging competition among insurers."

SECTION 7. Section 38-73-770 of the 1976 Code is amended to read:

"Section 38-73-770. Every classification plan fixed, established, and promulgated approved by the State Rating and Statistical Division Commissioner must be so structured as to produce rates or premium charges which are adequate, not excessive, and not unfairly discriminatory."

SECTION 8. Section 38-77-10(1) of the 1976 Code, as last amended by an act of 1988 bearing Ratification Number 429, is further amended to read:

"(1) To provide that every automobile insurance risk which is insurable on the basis of the criteria established in this chapter is entitled to automobile insurance from the automobile insurer of the applicant's choice on the basis of the same rates, policy forms, claims service, and other services provided by the insurer to all other applicants or insureds falling within the classification of risk and territory under the applicable risk and territorial classification plan promulgated or approved by the Commissioner so long as all these applicants or insureds have satisfied the same objective standards as established in Sections 38-77-280 and 38-73-455; "

SECTION 9. Section 38-77-910 of the 1976 Code is amended to read:

"Section 38-77-910. It is an act of unlawful discrimination for an automobile insurer to make any distinction between automobile insurance policyholders or applicants for automobile insurance with respect to coverage, rates, claims, or other services except as the distinctions are provided for in the rating plans for the classification of risks and territories promulgated or approved by the Commissioner."

SECTION 10. Section 38-77-950 of the 1976 Code is amended to read:

"Section 38-77-950. It is the intent of this chapter that the Facility shall may not be excessively nor unreasonably utilized by automobile insurers for unfairly competitive purposes or for purposes of unfairly discriminating against certain classes or types of automobile insurance risks having the same or similar objective risk characteristics as other risks in the same class under the rating plan for the classification of risks promulgated approved by the Department Commissioner; nor for the purpose of discriminating against such risks or any risks in certain rating territories. The Commissioner shall prohibit unreasonable or excessive utilization of the Facility.

A prima facie case of excessive or unreasonable utilization shall be is established upon a showing that an automobile insurance insurer or a group of such insurers under the same management has ceded or is about to cede more than forty percent of total direct written premiums on South Carolina automobile insurance as reported in the most recently filed annual statement(s) statements of such insurer or group."

SECTION 11. Section 2 of Act 166 of 1987 is repealed.

SECTION 12. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BRADLEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. J. BRADLEY having the floor.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4213 -- Rep. Tucker: A CONCURRENT RESOLUTION TO WELCOME PIEDMONT PRODUCTS CO., INC., AFFILIATED WITH DRAKE INJECTION MOULDING OF GREENVILLE, MICHIGAN, TO SOUTH CAROLINA AS THEY ANNOUNCE THE OPENING OF THEIR NEW FACILITY IN ANDERSON.

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

REPORTS OF STANDING COMMITTEES

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Rep. DAVENPORT, for the minority, submitted an unfavorable report, on:

H. 3578 -- Reps. Gregory, White, Short, Fair and Kirsh: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

Ordered for consideration tomorrow.

Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 1287 -- Senators Bryan, J. Verne Smith, Thomas, Stilwell and Mitchell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "INTENSIVE RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF HEALTH CARE FACILITY AND HOSPITAL AND TO DEFINE "BEHAVIORALLY IMPAIRED CHILDREN".

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Oconee Delegation, submitted a favorable report, with amendments, on:

H. 3661 -- Reps. T.C. Alexander and McLellan: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE STAMP CREEK VOTING PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.

Ordered for consideration tomorrow.

INTRODUCTION OF BILL

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

H. 4214 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO INSTRUCTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 967, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 943--RECONSIDERED AND DEBATE ADJOURNED

Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

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

Debate was resumed on Amendment No. 4, which was proposed on Tuesday, April 26, by Rep. FELDER.

Rep. FELDER explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 28, which was adopted.

SPEAKER PRO TEMPORE IN CHAIR
H. 4116--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. J. BRADLEY having the floor.

H. 4116 -- Reps. J. Bradley, Neilson, M.O. Alexander, G. Bailey, Harvin, Kohn and J.W. McLeod: A BILL TO AMEND SECTIONS 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-280, AS AMENDED, 38-77-910, 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE THE MANNER IN WHICH AUTOMOBILE INSURANCE RATES ARE SET AND DETERMINED IN THIS STATE, AND TO REPEAL SECTION 38-73-455 AND SECTION 38-73-457, RELATING TO BASIC AND OBJECTIVE STANDARD RATES FOR AUTOMOBILE INSURANCE, AND SECTION 2 OF ACT 166 OF 1987, RELATING TO AUTOMOBILE INSURANCE RATES FOR YOUTHFUL OPERATORS OF MOTOR VEHICLES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Labor, Commerce and Industry.

Rep. J. BRADLEY continued speaking.

The amendment was then adopted.

Rep. J. BRADLEY proposed the following Amendment No. 2 (Doc. No. 3489J), which was adopted.

Amend the Report by the Committee on Labor, Commerce and Industry, as and if amended, in Section 38-73-720 of the 1976 Code, as contained in SECTION 2, page 4116-2, line 23, by striking /October/ and inserting /November/ and on lines 36 and 38 by striking /January/ and inserting /February/.

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

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

H. 4116--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4116 be read the third time tomorrow.

S. 704--FREE CONFERENCE POWERS GRANTED

Rep. BEASLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Blackwell              Blanding
Bradley, J.            Bradley, P.            Brown, G.
Brown, J.              Brown, R.              Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Davenport
Day                    Derrick                Elliott
Faber                  Fair                   Felder
Ferguson               Foxworth               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Haskins                Hayes
Hearn                  Helmly                 Hendricks
Holt                   Huff                   Humphries
Johnson, J.C.          Kay                    Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lanford                Lewis
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McGinnis
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Neilson
Nettles                Pettigrew              Petty
Phillips, O.           Rice                   Rogers, J.
Rudnick                Sharpe                 Sheheen
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Thrailkill
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams

Total--96

Those who voted in the negative are:

Aydlette               Burch                  Hodges
McEachin               Short

Total--5

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER Pro Tempore appointed Reps. BEASLEY, McCAIN and J.C. JOHNSON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 704--FREE CONFERENCE REPORT ADOPTED

The following was received.

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., April 20, 1988

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Beg leave to report that they have duly and carefully considered the same and recommend:

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-185. Any person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions."

SECTION 2. Section 56-1-440 of the 1976 Code is amended to read:

"Section 56-1-440. Any person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 shall be is guilty of a misdemeanor and, upon conviction, of a first offense must be fined not less than twenty-five fifty dollars nor more than fifty one hundred dollars or imprisoned for thirty days and, upon conviction of a second or subsequent offense, be fined not less than fifty dollars nor more than one five hundred dollars or imprisoned for thirty forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months."

SECTION 3. Section 56-1-1030 of the 1976 Code is amended to read:

"Section 56-1-1030. The Department shall certify the conviction record of any person whose record brings him within the definition of an habitual offender, as defined in this article, to the solicitor of the judicial circuit in which the person resides or to the Attorney General if the person is not a resident of this State. Such record may be admitted as evidence that the person was convicted by the court where the conviction was made for each offense shown by the record.

When any person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b) or (c), the department must review its records for that person. If the department's review of its records shows that the person is a habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license. If after appropriate proceedings the department finds the person to be a habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department."

SECTION 4. Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State shall may be issued to a habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) For for a period of five years from the date of the order of the court finding the person to be a habitual offender a final decision by the department that a person is a habitual offender and if upon appeal the finding is sustained by a court unless the period is reduced to two years as permitted in item (c);

(b) Until until such the time as financial responsibility requirements are met;

(c) Until until upon petition, and for good cause shown, the court department may restore to the person the privilege to operate a motor vehicle in this State upon such terms and conditions as the court department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department finding the person to be a habitual offender. At this time and after hearing, the court in its discretion department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it shall must run from the date of the original order final decision of the department. If the two-year period is not granted, no petition may be again filed until after a period of five years has expired from the date of the original order decision of the department."

SECTION 5. Section 56-1-1100 of the 1976 Code is amended to read:

"Section 56-1-1100. It shall be is unlawful for any person to operate any motor vehicle in this State while the judgment of the court decision of the department prohibiting the operation remains in effect. Any person found to be a habitual offender under the provisions of this article, who is thereafter convicted of operating a motor vehicle in this State while the judgment decision of the court department prohibiting such the operation is in effect, shall be is guilty of a misdemeanor and shall must be imprisoned for not less than one year nor more than five years.

For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the court department before hearing such the charges shall solicitor or Attorney General to determine whether such the person has been adjudged a habitual offender and by reason of such judgment is barred from operating a motor vehicle on the highways of this State. If the person is found to be a habitual offender the department shall notify the solicitor or Attorney General determines that the accused has been so held, and he shall cause the appropriate criminal charges to be lodged against the accused offender."

SECTION 6. Sections 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070 and 56-1-1080 of the 1976 Code are repealed.

SECTION 7. Section 56-1-720 of the 1976 Code is amended to read:

"Section 56-1-720. There is hereby established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of such these persons for the privileges granted by such the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:

VIOLATION     POINTS
Reckless driving     6
Passing stopped school bus     6 Hit-and-run, property damages only     6
Driving too fast for conditions, or speeding:

(1) No more than 10 m.p.h. above the posted limits     2

(2) More than 10 m.p.h. but less than 25 m.p.h.

above the posted limits     4

(3) 25 m.p.h. or above the posted limits     6
Disobedience of any official traffic control device     4
Disobedience to officer directing traffic     4
Failing to yield right of way     4
Driving on wrong side of road     4
Passing unlawfully     4
Turning unlawfully     4
Driving through or within safety zone     4
Failing to give signal, or giving improper signal

for stopping, turning or suddenly decreased speed     4
Shifting lanes without safety precaution     2
Improper dangerous parking     2
Following too closely     4
Failing to dim lights     2
Operating with improper lights     2
Operating with improper brakes     4
Operating a vehicle in unsafe condition     2
Driving in improper lane     2
Improper backing     2."

SECTION 8. The last two paragraphs of Section 56-5-1520 of the 1976 Code, as last amended by Act 189 of 1987, are further amended to read:     "(d) Any person violating the speed limits herein established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than five fifteen dollars nor more than twenty-five dollars or imprisoned for not more than ten days;

(2) in excess of ten miles an hour but less than twenty-five fifteen miles an hour above the posted limit by a fine of not less than ten twenty-five dollars nor more than fifty dollars or imprisoned for not more than twenty days; and

(3) in excess of fifteen miles an hour but less than twenty-five m.p.h. above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than twenty-five seventy-five dollars nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days.

(e) Any citation for violating the speed limits issued by any authorized officer shall must note thereon on it the rate of speed for which the citation is issued.

(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the State Highway Fund. In expending the funds credited to the State Highway Fund under subsection (d), the department first shall consider the need for additional highway patrolmen."

SECTION 9. Section 56-5-2940 of the 1976 Code is amended to read:

"Section 56-5-2940. Any person violating any provision of Section 56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, be punished in accordance with the following:

(1) By a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; provided, that in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment shall be served at a time when the person is off from work and shall not interfere with his regular employment under such terms and conditions as the court deems proper; provided, further, that the court may not compel an offender to perform public service employment in lieu of the minimum sentence.

(2) By a fine of not less than one two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year for the second offense; provided, that in. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars and of that amount two hundred fifty dollars must be remitted to the Victim's Compensation Fund. In lieu of service of imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon such terms and conditions as the court deems considers proper;

(3) By a fine of not less than two thousand three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years, for the third offense;

(4) By a fine of not less than three thousand dollars and imprisonment for not less than ninety days nor more than four years, for the fourth offense Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense;

(5) Imprisonment for not less than one year nor more than five years for the fifth offense or subsequent offense.

No part of the minimum sentences provided herein shall be suspended. The court may provide in lieu of service other sentences provided herein: For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to great bodily injury the service of the minimum sentence is mandatory; provided, however, the judge may provide for the sentence to be served upon such terms and conditions as he deems proper including but not limited to weekend service or nighttime service in any fashion he deems necessary.

Nothing herein shall prohibit the court from suspending all or part of the monetary fines, except for first offense. The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine."

For the purposes of this chapter any conviction, entry of a plea of guilty, or of nolo contendere, or forfeiture of bail, for the violation of any law or ordinance of this State or any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses which occurred within a period of five ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section.

Upon imposition of a sentence of public service, the defendant may apply to the Court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."

SECTION 10. Section 56-5-4100 of the 1976 Code is amended to read:

"Section 56-5-4100. (A) No vehicle shall may be driven or moved on any public highway unless such the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of such the roadway by the public authority having jurisdiction.

(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.

(C) The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.

(D) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such the public highway, shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor for the cleaning.

(E) Any person who violates the provisions of subsection (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.

(F) The provisions of this section are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock, or silage or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products."

SECTION 11. Section 56-5-4450 of the 1976 Code is amended to read:

"Section 56-5-4450. Every vehicle upon a street or highway within this State at any time shall display lighted lamps and illuminating devices, excluding parking lights, from a half hour after sunset to a half hour before sunrise, and at any other time when there is not sufficient light to render windshield wipers are in use as a result of rain, sleet, or snow, or when inclement weather or environmental factors severely reduce the ability to clearly discernible discern persons and vehicles on the street or highway at a distance of five hundred feet ahead shall display lighted lamps and illumination devices as herein respectively required in this article for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated provided in this article; provided however, the provisions of this section requiring use of lights in conjunction with the use of windshield wipers shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow.

Until January 1, 1989, any person who fails to display the lights of a vehicle he is operating when lights are required by this section due to inclement weather or environmental factors may be issued only a warning ticket.

Any person who violates this section is guilty of a misdemeanor and, upon conviction, may be fined up to twenty-five dollars."

SECTION 12. Section 56-5-5015 of the 1976 Code is amended to read:

"Section 56-5-5015. No person shall sell any new motor vehicle not shall any new motor vehicle be registered if the front windshield or any front door glass in the vehicle is transparent from only one side.

The driver of any vehicle with glass installed in the windshield or front windows which is transparent from only one side shall immediately stop and roll down the front windows when apprehended by a highway patrolman or any other commissioned law enforcement officer.

Nothing in this section shall construed to make illegal the operation or sale of any motor vehicle the windshield or windows of which are composed of, covered by or treated with any material, substance, system or component with which such motor vehicle was sold when new or could have been equipped for sale when new as standard or optional equipment under any United States Government status or regulation governing such sale at the time of manufacture.

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

(A) No person may operate a motor vehicle that is required to be registered in this State on any public highway, road, or street that has a sunscreen device on the windshield, the front side wings, and side windows adjacent to the right and left of the driver and windows to the rear of the driver that do not meet the requirements of this section.

(B) A sunscreening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow, or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.

(C) A sunscreening device when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver and the side windows behind the driver must be nonreflective and have light transmission of not less than thirty-five percent.

(D) A sunscreening device when used in conjunction with the safety glazing of the rear-most window must be nonreflective and have a light transmission of not less than twenty percent, if one right and one left outside rear view mirror is provided.

(E) Sunscreen devices offered for sale or use in South Carolina shall:

(1) bear a certification of the department that it is in compliance with the reflectivity and transmittance requirements of this section;

(2) bear a label not to exceed one and one-half square inches in size, with a means for the permanent and legible installations between the sunscreening material and each glazing surface to which it is applied that contains the manufacturer's name and its percentage of light transmission;

(3) include instructions with the product or material for proper installations, including the affixing of the label specified in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside.

(F) No person may:

(1) offer for sale or for use any sunscreening product or material for motor vehicle use not in compliance with this section;

(2) install any sunscreening product or material on vehicles intended for use on public roads without permanently affixing the label specified in this section.

(G) The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle.

(H) The light transmittance requirement of this section does not apply to windows behind the driver on trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles.

(I) As used in this section:

(1) 'Sunscreening device' means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.

(2) 'Light transmission' means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material.

(3) 'Luminous reflectants' means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.

(4) 'Nonreflective' means a product or material designed to absorb light rather than to reflect it.

(5) 'Passenger car' means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying ten persons or less.

(6) 'Multipurpose passenger vehicle' means a motor vehicle with motive power, except a trailer designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

(7) 'Motor homes' means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis.

(8) 'Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.

(9) 'Bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.

(10) 'Manufacturer' means any person engaged in the manufacturing or assembling of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the affects of the sun.

(J) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

SECTION 13. The provisions of Section 56-5-5015 apply to all vehicles manufactured after the effective date of this act. The provisions of Section 56-5-5015 apply to all other vehicles three years from the effective date of this act.

SECTION 14. Section 56-5-750 of the 1976 Code is amended to read:

"Section 56-5-750. In the absence of mitigating circumstances, it is It shall be unlawful for any motor vehicle driver, while driving on any road, street, or highway of the State, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing light. Any attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light shall constitute is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren shall does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. Any person who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than five hundred dollars or imprisoned for not less than ninety days and in the discretion of the judge his driver's license may be suspended for a period not to exceed one year. Any motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days."

SECTION 15. Section 59-67-420 of the 1976 Code is amended to read:

"Section 59-67-420. It is declared to be the policy of the State The State, acting through the State Board of Education, to assume assumes no obligation to transport any child to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile radius of the residence of any child, nor to furnish transportation for any child who attends a grade in a school outside the pupil's district when the same grade is taught in an appropriate school that is located within the school district in which the pupil lives. The cost of transporting pupils to regularly organized instructional classes in the district or attendance area for which school credit is given must be borne by the State. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged.

Notwithstanding the policy stated in the above paragraph, the The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile radius of their residences when it is for the health and safety of the children. In these cases, the local school district may apply in writing to the State Department of Education for the department to assume the transportation for the health and safety of the children involved. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the State Department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors as may be considered pertinent. The state Department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority.

Notwithstanding the policy stated in Regardless of the provisions of the first paragraph of this section, the State shall transport and bear the cost of transporting five-year old children attending public school kindergarten programs to their residences at the conclusion of a morning kindergarten session and from their residences to an afternoon kindergarten session."

SECTION 16. Section 56-5-6410 of the 1976 Code is amended to read:

"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under four six years of age upon the public streets and highways of the State must shall provide an appropriate child passenger restraint system and must shall secure the child as follows:

(1) Any child less than one year of age must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) Any child under four years of age when transported in the front seat must be properly secured in a child restraint system meeting standards prescribed by the National Highway Traffic Safety Administration.

(3) Any child four until six years of age when transported in the front seat must be secured by a safety belt provided in the motor vehicle.

(4) Any child one year through three of age or more and under six years of age when transported in a rear seat must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration unless the child is secured by a safety belt provided in the motor vehicle.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

SECTION 17. Section 56-5-6420 of the 1976 Code is amended to read:

"Section 56-5-6420. If all the seating positions with restraint devices are occupied by children age three and under the age of six years, a child may be transported and the driver of the motor vehicle shall is not be in violation of the provisions of this article, but priority must be given to children age three and under the age of six years, according to their ages."

SECTION 18. Section 56-5-6430 of the 1976 Code is amended to read:

"Section 56-5-6430. The provisions of this article do not apply if a child being transported is being fed, has a physical impairment, or a medical problem or any distress which makes it impractical to use a child restraint system. Alternate restraint protection, such as the vehicle safety belt belts, must be utilized if possible."

SECTION 19. The 1976 Code is amended by adding:

"Section 56-5-6445. The provisions of this article apply to all motor vehicles equipped with safety belts."

SECTION 20. Section 56-9-340 of the 1976 Code is amended to read:

"Section 56-9-340. Any person (a) whose license and registration has been suspended as provided in this chapter, (b) whose policy of insurance or bond, when required under this chapter, has been canceled or terminated, or (c) who has neglected to furnish other proof upon request of the Department department shall immediately return his license and registration to the Department department. If any person shall fail fails to return to the Department department his license or registration as provided in this section, the Department department may secure possession thereof by a commissioned highway patrolman.

Any person wilfully failing to return his license or registration as required in this section shall be fined one hundred dollars or imprisoned thirty days must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.

Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION 21. Section 56-10-240 of the 1976 Code is amended to read:

"Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner shall immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. When a motor vehicle is or becomes an uninsured motor vehicle, the insurer shall give written notice within ten days, in addition to that notice previously given in accordance with law, by delivery under United States Post Office Certificate of Mailing to the Department department of the cancellation or refusal to renew. The Department department may not thereafter reissue registration certificates and license plates for the vehicle until such time as satisfactory evidence has been filed by the owner that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on any motor vehicle registered in South Carolina, then the Department department shall suspend the license plates and registration certificate and shall initiate such action as may be required within fifteen days of such the notice of cancellation to pick up the license plates and registration certificate. Any person who has had his license plates and registration certificate suspended by the Department department, but who at the time of such suspension does possess liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to immediately appeal such the suspension to the Chief Insurance Commissioner. If the Chief Insurance Commissioner determines that such the person does have has sufficient liability insurance coverage, the Chief Insurance Commissioner shall notify the Department department and the suspension must be is immediately voided immediately. The Department department shall give notice by first class mail of such the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the Department of Highways and Public Transportation department office in the county where the person who surrenders such the plates resides.

In the event If the vehicle owner refuses to surrender the suspended items as required in this article, the Department department may through its duly designated agents or by request to any county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not thereafter reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee in the amount of twenty-five dollars.

Any person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.

Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION 22. Section 56-10-260 of the 1976 Code is amended to read:

"Section 56-10-260. Any person knowingly making a false certificate as to whether a motor vehicle is an insured motor vehicle or presenting to the Department department false evidence that any motor vehicle sought to be registered is insured is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty one hundred dollars nor more than one two hundred dollars or imprisoned for not less than ten days nor more than thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. The Department department shall deny, for a period of six months, registration of any motor vehicle for which a false certificate or false evidence is presented that the vehicle is insured and shall revoke, and may not thereafter reissue for a period of six months, the driver's license of any person making such a false certificate or offering such false evidence, and then only when all other provisions of law have been complied with by such that person."

SECTION 23. Section 56-10-270 of the 1976 Code is amended to read:

"Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must be fined not less more than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 56-10-60.

(b) The Department department upon receipt of information to the effect that any person has been duly convicted of violating subsection (a) of this section shall suspend the driving privilege and all license plates and registration certificates issued in such the person's name for a period of thirty days and may not reinstate such that person's privileges until such time as proof of financial responsibility has been filed.

(c) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored, if he files proof of financial responsibility with the department."

SECTION 24. Section 56-10-250 of the 1976 Code is amended to read:

"Section 56-10-250. It is unlawful for any vehicle owner to sell or otherwise dispose of any motor vehicle, for which the registration and license plates have been suspended, to any member of his family residing in the same household. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION 25. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2775. The driver of any vehicle violating the provisions of Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days."

SECTION 26. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last ten years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of the confiscation. However, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.

The law enforcement agency confiscating the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which that law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part and sold in the manner provided herein, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.

Notice of the above proceedings must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold as provided in subsection (C).

(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale, the agency or its agent shall pay over the net proceeds, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."

SECTION 27. The 1976 Code is amended by adding:

"Section 56-5-6250. When an arrest is made under the provisions of this chapter, the arresting officer must make every effort to determine prior convictions under this chapter. In no instance is sentence to be imposed on a defendant until the court is satisfied prior convictions are properly considered as a part of the sentence."

SECTION 28. Section 56-5-2990 of the 1976 Code is amended to read:

"Section 56-5-2990. The Department department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for a period of six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, a period of two years for the third offense, a period of three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within a period of five ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the department to operate a motor vehicle.

Any person whose license is suspended under the provisions of this section must be notified of suspension by the Department of Highways and Public Transportation of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse prior to reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment or both must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse. The cost shall not exceed $50.00 fifty dollars for assessment, $100.00 one hundred dollars for education services, and $250.00 two hundred fifty dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission commission. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the Department department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the Department department if it determines public safety and welfare of the petitioner may not be endangered.

The Department department and the Commission commission shall develop such procedures as are necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the Department department.

If a person whose driver's license has been permanently revoked pursuant to this section for at least five years is rehabilitated to the extent that he no longer is an unreasonable threat to the safety of himself and others, he may have his privilege to operate a motor vehicle restored by the Department. Prior to this restoration, the Department shall receive notification from the Commission that an administering agency has conducted an assessment of the degree of threat within the previous six months and found the threat to be clearly and substantially reduced from the time of initial assessment. The Department shall further ascertain that the applicant has committed no violations of the traffic and licensing laws during the time of revocation."

SECTION 29. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-135. (A) Notwithstanding the provisions of Section 56-1-130, any person designated to drive a motor vehicle whose primary purpose is the extinguishment of a fire, including volunteer firemen, may have a special endorsement affixed to his driver's license which authorizes him to drive this motor vehicle.

(B) Every political subdivision of this State employing law enforcement officers must designate one officer as its safety officer. The safety officer must meet the qualifications set forth in department guidelines; however, he does not have to be a full time employee. Any person desiring to drive the motor vehicle referred to in subsection (A) of this section must demonstrate his ability to exercise ordinary and reasonable control in the operation of this motor vehicle to one of these officers. The fire department, including volunteer fire departments, must submit a list of those members of its department designated to drive the motor vehicle referred to in subsection (A) of this section to the Department of Highways and Public Transportation.

(C) It is the responsibility of the agency or department who operates the motor vehicle to keep the list of designated drivers current. Any changes in the list of drivers must be reported to the Department of Highways and Public Transportation within thirty days from the change."

SECTION 30. The 1976 Code is amended by adding:

"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."

SECTION 31. Section 56-1-1320 of the 1976 Code is amended to read:

"Notwithstanding the provisions of Section 56-5-2990, and A person with a South Carolina driver's license or any a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of any an ordinance of any a municipality, or law of this State, that prohibits any a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle during the specified suspension period. Such The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license.

The provisional driver's license shall is not be valid for more than six months from the date of issue shown on the license.

The determination of whether or not a provisional driver's license shall may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code shall must be made by the Director of the Motor Vehicle Division of the department or his designee."

SECTION 32. This act takes effect January 1, 1989, except where provided otherwise in this act.

Respectfully submitted this 27th day of April, 1988.

Amend title to conform.

Senator Isadore E. Lourie         Rep. David M. Beasley
Senator J. Verne Smith            Rep. William S. McCain
Senator Glenn F. McConnell        Rep. James C. Johnson
On part of the Senate.              On part of the House.

Rep. BEASLEY explained the Report.

RULE 5.15 WAIVED

Rep. SHARPE moved to waive Rule 5.15.

The yeas and nays were taken resulting as follows:

Yeas 82; Nays 2

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Baker
Barfield               Beasley                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, R.
Burch                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Elliott                Faber                  Felder
Foxworth               Gentry                 Harris, J.
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Holt
Huff                   Humphries              Johnson, J.C.
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Lewis                  Limehouse              Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McGinnis               McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nettles
Pettigrew              Petty                  Phillips, O.
Rice                   Rudnick                Sharpe
Sheheen                Simpson                Snow
Sturkie                Thrailkill             Townsend
Tucker                 Washington             Wells
Whipper                Wilder                 Wilkins
Winstead

Total--82

Those who voted in the negative are:

Aydlette               McEachin

Total--2

So, Rule 5.15 was waived.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Powell, Patterson and Stilwell of the Committee of Free Conference on the part of the Senate on H. 2148:
H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
Very respectfully,
President

No. 62

Received as information.

H. 2148--FREE CONFERENCE POWERS GRANTED

Rep. RUDNICK moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Baxley
Beasley                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, J.
Brown, R.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corning                Dangerfield            Davenport
Day                    Derrick                Elliott
Faber                  Felder                 Ferguson
Foxworth               Gentry                 Gilbert
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McGinnis               McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nettles
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rudnick                Sheheen
Short                  Simpson                Snow
Sturkie                Thrailkill             Tucker
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

Total--95

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER Pro Tempore appointed Reps. HARVIN, RUDNICK and DAY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 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 Free Conference on H. 2148:

H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
Very respectfully,
President

No. 34

H. 2148--FREE CONFERENCE REPORT ADOPTED

The following was received.

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., April 20, 1988

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 2148 -- Rep. Harvin: A BILL TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND TO DEFINE ITS POWERS AND DUTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill passes amended as follows: strike all after the enacting words and insert:

/SECTION 1. There is established a Prisoner of War Commission in South Carolina composed of one member from each congressional district and one member from the State at large, to be appointed by the Governor with the advice and consent of a majority of the members of the Senate representing the congressional district involved and a majority of the members of the House of Representatives representing the congressional district involved. A chairman must be elected annually by the commission from its membership. All members must be former prisoners of war. The South Carolina Department of the American Ex-Prisoners of War may submit to the Governor names and biographical data on former prisoners of war willing and able to serve. Their terms are for four years and until their successors are appointed and qualify, except that the initial members from the first, third, and fifth congressional districts shall serve for terms of two years. Vacancies must be filled by the Governor for the remainder of an unexpired term.

SECTION 2. The commission is attached to the Department of Veterans' Affairs for logistical and staff support only and may be located in Columbia in space provided by the State Budget and Control Board.

SECTION 3. The commission shall meet at least three times yearly at a time and a place and on a date designated by the chairman and at other times at the call of the chairman or upon the request of a majority of the members.

SECTION 4. The functions of the commission include the following:

(1) develop and maintain an up-to-date listing of all former prisoners of war residing in South Carolina;

(2) coordinate all South Carolina related former prisoner of war functions;

(3) review, discuss, and make recommendations concerning the adequacy, policies, and practices of medical services care and treatment at the Veterans Administration facilities in South Carolina;

(4) review, discuss, and make recommendations concerning the policies and practices in regard to disability compensation for former prisoners of war under laws administered by the Veterans Administration;

(5) coordinate the deficiencies and recommendations for improvement of items (3) and (4) with officials of the designated Veterans Administration facilities;

(6) plan and implement studies, surveys, publications, and use of media that inform former prisoners of war of their rights and forms of compensation, both under federal and state laws and regulations;

(7) develop and maintain close liaison in all foregoing functions with the South Carolina Department and chapters of the American Ex-Prisoners of War and all other veteran organizations.

SECTION 5. The commission annually shall submit a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D.C., detailing its policies and goals established pursuant to this act, its efforts and actions in carrying out its functions, and their results. It shall make special reports it considers desirable. The commission may make suggestions it considers advisable concerning legislative, executive, or administrative actions which would serve to improve benefits and services available to former prisoners of war and their families.

SECTION 6. The members of the commission shall receive the mileage, per diem, and subsistence provided by law for members of state boards, committees, and commissions for each meeting attended. The commission shall receive funding as may be provided by the General Assembly in the annual general appropriations act necessary for carrying out the commission's functions.

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Charles L. Powell              C. Alex Harvin, III
/s/Kay Patterson                  /s/Irene K. Rudnick
/s/Sam Stilwell                   /s/Fred L. Day
On Part of the Senate.               On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 2148--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free 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.

H. 4139--OBJECTIONS

The following Bill was taken up.

H. 4139 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 89 SO AS TO PROVIDE FOR THE DISPOSAL AND TREATMENT OF HAZARDOUS INFECTIOUS WASTE.

Rep. STURKIE was recognized.

Reps. O. PHILLIPS, THRAILKILL, BLANDING and HASKINS objected to the Bill.

ORDERED TO THIRD READING

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

H. 4140 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS WANDO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4141 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (NORTH INLET ESTUARY), DESIGNATED AS REGULATION DOCUMENT NUMBER 855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4142 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23 TITLE 1 OF THE 1976 CODE.

H. 4143 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO ADOPT THE 1987 CUMULATIVE SUPPLEMENTS TO THE 1976 CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS AND VOLUMES AS SUPPLEMENTED BY THEM CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY l, 1988.

H. 4155--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 4155 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF FIRE MARSHAL, RELATING TO CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23 TITLE 1 OF THE 1976 CODE.

H. 4156--TABLED

The following Joint Resolution was taken up.

H. 4156 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF FIRE MARSHAL, RELATING TO EXISTING LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 930, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WHITE explained the Joint Resolution.

Rep. WHITE moved to table the Joint Resolution, which was agreed to.

H. 3667--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Rep. E.B. McLEOD proposed the following Amendment No. 2 (Doc. No. 3382J).

Amend the bill, as and if amended, by striking subitem (B) of Section 12-43-220(d)(2), as contained in Section 1, page 2, beginning on line 44 and inserting:

/(B) Reassessment of crop land following any adjustment in the formula determining fair market value for agricultural use of the cropland required pursuant to Regulation 117-126 of the South Carolina Tax Commission may not result in more than a one-third reduction in the fair market value for agricultural use of the crop land from its value in the taxable year prior to the year of reassessment./

Amend title to conform.

Rep. E.B. McLEOD explained the amendment.

Rep. KIRSH spoke against the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 2, Rep. KIRSH having the floor.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The ACTING PRESIDENT Pro Tempore, Senator Williams of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF FAMILY COURT JUDGES AND
A CIRCUIT COURT JUDGE

The Clerk of the Senate read the following Concurrent Resolution:
S. 1424 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, APRIL 27, 1988, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN FAMILY COURT JUDGES AND TO FILL THE UNEXPIRED TERM OF THE HONORABLE OWENS T. COBB, JR., JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHO RETIRED.

ELECTION OF A CIRCUIT COURT JUDGE,
FIFTH JUDICIAL CIRCUIT

The ACTING PRESIDENT Pro Tempore announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit.

Rep. SHEHEEN nominated J. Ernest Kinard, Jr. of Camden as follows:

"Mr. Acting President Pro Tempore and ladies and gentlemen of the Joint Assembly, in the election for the successor of Owens T. Cobb, I would like to take one minute to tell you something about the gentleman who's going to be elected to that seat. He's the only surviving candidate in the race now. His name is J. Ernest Kinard, Jr., originally from Newberry County, but who had either the great wisdom or the great misfortune, Mr. Waldrop, to come to Camden following his graduation from law school, and to be the third partner in a law firm which I joined some four years later in 1968. You know, you learn something from everyone with whom you associate, but I can truthfully say to you that J. Ernest Kinard, Jr., has taught me as much as anyone in the practice of law. He had been a mainstay in the practice of law in that firm for the past 20 years while I've been there. I told some of you that one of the reasons I wanted Ernest to become a Circuit Court Judge was that Kershaw County hadn't had a judge since 1917. But, to tell you the truth, at that time we had opposition from Richland County, and I thought that was a rather clever ploy for me to use to gain your sympathy, when Ernest didn't really need any help in his qualifications, and he didn't need that to convince you that he was the person who ought to be a Circuit Court Judge. He has the temperament, the ability, the knowledge, the intellect, a lovely wife, three fine children, and my law firm, who has supported me and Ernest in this endeavor, and in our activities over the last 20 years. They're all seated here today in the balcony to help celebrate this occasion. I rise to place in nomination, Mr. Acting President Pro Tempore, the name of J. Ernest Kinard, Jr., to succeed the Honorable Owens T. Cobb for the Fifth Circuit resident judgeship, and I can truthfully tell you that we're losing the smartest lawyer in my law firm."

Rep. T. ROGERS, on behalf of the Richland Delegation, seconded the nomination of Mr. J. Ernest Kinard, Jr.

On motion of Rep. T. ROGERS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the ACTING PRESIDENT Pro Tempore announced that Mr. J. Ernest Kinard, Jr., was duly elected for the term prescribed by law.

ELECTION OF UNOPPOSED FAMILY COURT JUDGES

The ACTING PRESIDENT Pro Tempore announced that nominations were in order for unopposed Family Court Judges.

Senator Thomas E. Smith, Jr., nominated the Honorable Alvin C. Biggs, First Judicial Circuit, Seat 2; the Honorable Peter R. Nuessle, Second Judicial Circuit, Seat 1; the Honorable B.J. Warshauer, Third Judicial Circuit, Seat 1; the Honorable Jamie F. Lee, Fourth Judicial Circuit, Seat 1; the Honorable Robert H. Burnside, Fifth Judicial Circuit, Seat 1; the Honorable William M. Campbell, Fifth Judicial Circuit, Seat 4; the Honorable Stuart H. Hall, Seventh Judicial Circuit, Seat 3; the Honorable L. Mendel Rivers, Ninth Judicial Circuit, Seat 1; the Honorable Judy C. Bridges, Ninth Judicial Circuit, Seat 3; the Honorable Robert H. Cureton, Tenth Judicial Circuit, Seat 2; the Honorable W. Frank Rogers, Jr., Eleventh Judicial Circuit, Seat 1; the Honorable Wylie H. Caldwell, Jr., Twelfth Judicial Circuit, Seat 3; the Honorable Willie T. Smith, Jr., Thirteenth Judicial Circuit, Seat 3; the Honorable Joseph W. Board, Thirteenth Judicial Circuit, Seat 4; the Honorable Albert L. Kleckley, Fourteenth Judicial Circuit, Seat 2; the Honorable Kaye C. Hearn, Fifteenth Judicial Circuit, Seat 2; and the Honorable David N. Wilburn, Jr., Sixteenth Judicial Circuit, Seat 1.

On motion of Rep. WASHINGTON, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the ACTING PRESIDENT Pro Tempore announced that the Honorable Alvin C. Biggs, First Judicial Circuit, Seat 2; the Honorable Peter R. Nuessle, Second Judicial Circuit, Seat 1; the Honorable B.J. Warshauer, Third Judicial Circuit, Seat 1; the Honorable Jamie F. Lee, Fourth Judicial Circuit, Seat 1; the Honorable Robert H. Burnside, Fifth Judicial Circuit, Seat 1; the Honorable William M. Campbell, Fifth Judicial Circuit, Seat 4; the Honorable Stuart H. Hall, Seventh Judicial Circuit, Seat 3; the Honorable L. Mendel Rivers, Ninth Judicial Circuit, Seat 1; the Honorable Judy C. Bridges, Ninth Judicial Circuit, Seat 3; the Honorable Robert H. Cureton, Tenth Judicial Circuit, Seat 2; the Honorable W. Frank Rogers, Jr., Eleventh Judicial Circuit, Seat 1; the Honorable Wylie H. Caldwell, Jr., Twelfth Judicial Circuit, Seat 3; the Honorable Willie T. Smith, Jr., Thirteenth Judicial Circuit, Seat 3; the Honorable Joseph W. Board, Thirteenth Judicial Circuit, Seat 4; the Honorable Albert L. Kleckley, Fourteenth Judicial Circuit, Seat 2; the Honorable Kaye G. Hearn, Fifteenth Judicial Circuit, Seat 2; and the Honorable David N. Wilburn, Jr., Sixteenth Judicial Circuit, Seat 1 were duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE,
EIGHTH JUDICIAL CIRCUIT, SEAT NO. 2

The ACTING PRESIDENT Pro Tempore announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat No. 2.

Rep. J.W. JOHNSON nominated Gary Tusten Pope of Newberry as follows:

"Thank you. Mr. Acting President Pro Tempore, members of the General Assembly, it's an honor for me today to nominate Gary Pope as Family Court Judge for the Eighth Judicial Circuit. Gary is 38 years old and lives in Newberry. He's the son of Mary and Tom Pope, who is a former Speaker of the House. He is married to the former Margaret Christian and he has four children. Gary received his undergraduate degree in 1971 from the University of the South in Tennessee and, in 1976, received his law degree from Washington and Lee University in Virginia. He was admitted in 1976 to practice law both in Virginia and the State of South Carolina. He's a member of the law firm of Pope and Hudgens in Newberry. He has a very broad practice in civil courts, both state and federal in this state, and has an extensive practice in all phases of family court work in South Carolina. Gary is a smart man -- he knows the law, but more importantly, he has what I think is probably the key attribute that would make an outstanding family court judge, and that is common sense. He's firm when he has to be firm, but he's also compassionate, and that is such an important characteristic for a family court judge to have. Gary has a keen sense of what is right and wrong, and he will administer justice in the family court both fairly and even-handedly. Mr. Acting President Pro Tempore, I nominate Gary Tusten Pope, for Family Court Judge, Eighth Judicial Circuit, Seat Number Two."

Senator MITCHELL, Reps. McABEE and CARNELL seconded the nomination of Mr. Pope.

Rep. SHEHEEN nominated John M. Rucker of Newberry as follows:

"Mr. Acting President Pro Tempore, ladies and gentlemen of the Joint Assembly, I rise to nominate a former colleague for the vacancy that has occurred, John M. Rucker. Most of you know John well, and some of you have served in this General Assembly with John. His background is one that not only says he is qualified for this job, but which shows his public interest and his devotion and his commitment to public duties in South Carolina. He served as a judge before, as City Recorder in Newberry. He got elected to the South Carolina House and served two terms here and became well acquainted with state government. He was a member of the Judiciary Committee, and a very valuable member. He serves presently on the state Tax Commission. His experience and his broad breadth of knowledge in the law of South Carolina lets us know that he has shown a concern across the board for all of the things that are important to us in South Carolina. He is married and has two children. He has a keen legal mind and has exemplified an ability in each one of these jobs that tells you he will be a good family court judge. But more important, you have grown to know him, over the last few years as he's campaigned here, and for those of you who didn't know him, you will know that he has exhibited a compassion which will tell us that he will treat people fairly, he will listen to the evidence and make fair decisions in the family court. And it's particularly important that he had that ability in the family court, because as you know, the family court judge is the judge and the jury. He is the sole decider of the fact and the law that is applicable to the case. I submit his name, Mr. Acting President Pro Tempore, John M. Rucker, for the position of family court. He has been trained and found qualified, both at the public election screening in his race for the South Carolina House of Representatives, by the Executive of this State in his appointment to the South Carolina Tax Commission, and by our own Judicial Screening Committee."

Rep. WALDROP withdrew W. Frank Partridge, Jr., of Newberry as a candidate.

On motion of Rep. SHEHEEN nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted vi va Voce as their names were called.

The following named Senators voted for Mr. Pope:

Applegate              Branton                Bryan
Courson                Dennis                 Doar
Drummond               Fielding               Garrison
Holland                Land                   Leatherman
Leventis               Lindsay                Long
Lourie                 Macaulay               Martschink
Matthews               McConnell              McGill
Mitchell               Moore                  Patterson
Peeler                 Pope                   Powell
Saleeby                Setzler                Shealy
Smith, N.W.            Smith, T.E.            Stilwell
Thomas                 Waddell                Williams
Wilson

Total--37

The following named Senator voted for Mr. Rucker:

Smith, H.C.
Total--1

On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Pope:

Baxley                 Blackwell              Brown, J.
Carnell                Foxworth               Gentry
Harvin                 Hayes                  Hodges
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Lewis                  Limehouse
Mappus                 McAbee                 McElveen
McGinnis               McLeod, E.B.           Neilson
Phillips, O.           Rhoad                  Rogers, T.
Sharpe                 Simpson                Wilder

Total--27

The following named Reps. voted for Mr. Rucker:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Beasley
Bennett                Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, N.              Brown, R.              Burch
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Felder                 Ferguson               Gilbert
Gordon                 Gregory                Harris, J.
Harris, P.             Haskins                Hearn
Hendricks              Huff                   Humphries
Jones                  Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lockemy                Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McEachin               McLellan
McLeod, J.W.           McTeer                 Moss
Nettles                Pearce                 Pettigrew
Petty                  Rice                   Rogers, J.
Rudnick                Sheheen                Short
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Townsend
Tucker                 Washington             Wells
Whipper                White                  Williams

Total--85
RECAPITULATION

Total Number of Senators voting     38
Total Number of Representatives voting     112
Grand Total     150

Necessary to a choice     76

Of which Mr. Pope received     64

Of which Mr. Rucker received     86

Whereupon the ACTING PRESIDENT Pro Tempore announced that Mr. John M. Rucker having received a majority of the votes cast was duly elected for the term prescribed by law.

RECORD FOR VOTING

I was out of the Chamber when the vote was taken for Mr. Rucker. I wish to be recorded as voting for Mr. Rucker.
Rep. WINSTEAD

ELECTION OF A FAMILY COURT JUDGE,
NINTH JUDICIAL CIRCUIT, SEAT NO. 4

The ACTING PRESIDENT Pro Tempore announced that nominations were in order for Family Court Judge, Ninth Judicial Circuit, Seat No. 4.

Rep. HELMLY nominated Wayne M. Creech of Moncks Corner as follows:

"Mr. Acting President Pro Tempore, ladies and gentlemen of the House, I rise to place in nomination a young man, Wayne Morris Creech, for the Family Court Judge of the 9th Judicial Circuit. Wayne is a young lawyer who practices in Moncks Corner and the Moncks Corner area of Berkeley County. I've known his family for many years and I've known him since he was a very small boy. I know that he possesses the patience to listen to both sides of all issues. He possesses the compassion to demonstrate sympathy for all the people whose lives he will be affecting and he has the courage to make the right decision. Wayne is accompanied here today by a large majority of the attorneys of the bar in Berkeley County. I know that they are proud to have him nominated and I'm proud to nominate him on behalf of all the counties in the 9th Judicial Circuit. I nominate Wayne Morris Creech."

Rep. J. BRADLEY seconded the nomination of Mr. Creech.

    Rep. DAY nominated David A Soderlund of Goose Creek as follows:

"Mr. Acting President Pro Tempore, ladies and gentlemen of the Joint Assembly, I would like to nominate David A. Soderlund. He's from Goose Creek, South Carolina, he's married and has four children. He has military service in the U.S. Marine Corps, serving in Vietnam. He received his A.B. Degree at Rutgers University and his law degree at the University of South Carolina. He practices family court and domestic court cases in the tri-county area. He is very active in the community in the Civitan Club, the Goose Creek Lions Club and many other organizations I would like to nominate David Soderlund for this job. I think he will do an outstanding job. Thank you very much."

On motion of Rep. LOCKEMY nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva Voce as their names were called.

The following named Senators voted for Mr. Creech:

Applegate              Bryan                  Courson
Dennis                 Doar                   Drummond
Fielding               Garrison               Holland
Land                   Leatherman             Leventis
Lindsay                Long                   Lourie
Matthews               McGill                 Moore
Patterson              Peeler                 Pope
Powell                 Saleeby                Setzler
Shealy                 Smith, H.C.            Smith, T.E.
Stilwell               Thomas                 Waddell
Williams               Wilson

Total--32

The following named Senators voted for Mr. Soderlund:

Branton                Macaulay               Martschink
McConnell              Mitchell               Smith, N.W.

Total--6

On motion of Rep. HUFF, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Creech:

Alexander, T.C.        Bailey, K.             Baker
Barfield               Beasley                Bennett
Blackwell              Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Derrick
Edwards                Elliott                Fair
Felder                 Ferguson               Foxworth
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Klapman
Lewis                  Lockemy                Mappus
Martin, D.             McAbee                 McBride
McCain                 McEachin               McLellan
McLeod, J.W.           Moss                   Neilson
Nettles                Pearce                 Petty
Phillips, O.           Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Snow                   Townsend
Tucker                 Washington             White
Wilder                 Wilkins                Williams
Winstead

Total--79

The following named Reps. voted for Mr. Soderlund:

Alexander, M.O.        Altman                 Aydlette
Bailey, G.             Baxley                 Blanding
Brown, J.              Cole                   Davenport
Day                    Faber                  Gregory
Haskins                Huff                   Jones
Keyserling             Kohn                   Koon
Lanford                Martin, L.             Mattos
McElveen               McGinnis               McLeod, E.B.
McTeer                 Pettigrew              Rice
Sharpe                 Simpson                Stoddard
Sturkie                Taylor                 Thrailkill
Waldrop                Wells                  Whipper

Total--36
RECAPITULATION

Total Number of Senators voting     38
Total Number of Representatives voting     115
Grand Total     153

Necessary to a choice     77

Of which Mr. Creech received     111

Of which Mr. Soderlund received     42

Whereupon, the ACTING PRESIDENT Pro Tempore announced that Mr. Wayne M. Creech having received a majority of the votes cast was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE,
FIFTH JUDICIAL CIRCUIT, SEAT NO. 2

The ACTING PRESIDENT Pro Tempore announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat No. 2.

Rep. T. ROGERS nominated Joseph A. Wilson, II of Columbia as follows:

"Mr. Acting President Pro Tempore, ladies and gentlemen of the Joint Assembly, it is my privilege and honor to rise to place in nomination the name of Joseph A. Wilson, II, of Columbia. Mr. Wilson was born and raised in Lake City, South Carolina. He graduated from Carver High School in 1965 in Lake City. He went on to undergraduate studies at Clark College in Atlanta and he received his law degree from the Yale Law School in New Haven, Connecticut. Mr. Wilson has a wide range of experience in the practice of law including several years in private practice and a stint as assistant 12th Circuit Solicitor. He was, from 1980-82, an Assistant United States Attorney for the district of South Carolina. Since 1983, he has served as the Chief Deputy Attorney General for the State of South Carolina. Mr. Acting President Pro Tempore, Mr. Wilsor has served in a number of positions of honor including having been appointed by the Supreme Court to sit on the Commission on Lawyer Competence. He was elected as a 5th Circuit Delegate to the South Carolina Bar's House of Delegates. He served for two years on the Richland County Council. He is a member of a number of organizations including the Chamber of Commerce, former chairperson of the Columbia Urban League, and a member of the Richland County and South Carolina Bar Associations. He is very active in his church, being a member of the Francis Burns United Methodist Church here in Columbia and serving on the Board of Trustees, as well as being a former member of the Board of Trustees of the Columbia District of the United Methodist Church. He is married and the father of three children. Mr. Acting President Pro Tempore, those of us who know Joe Wilson and who have also had an opportunity to get to know him better during the past months of his campaigning for this position, I believe, will be able to join me in concluding that of anyone whose name we could place in nomination and support and elect to this very high and important office, none would be more qualified and none could be expected to perform any more admirably in this important position of family court judge. Mr. President, I nominate Mr. Joseph A. Wilson, II, for Seat #2 in the Family Court's 5th Circuit."

Rep. GORDON, on behalf of the Williamsburg Delegation, Rep. WASHINGTON, Rep. ELLIOTT, Rep. NETTLES, and Rep. G. BROWN, on behalf of the Lee County Delegation; seconded the nomination of Mr. Wilson.

Rep. STURKIE nominated Richard G. Whiting of Columbia as follows:

"It is indeed a privilege for me today to place into nomination a man whom I have known for the last five years, Mr. Richard G. Whiting. He is a man of high caliber. I got to know "Dick", as friends call him, through the church that I attend. I know the caliber of the man he is and I know that without a shadow of doubt that on the bench he would deliver fair and impartial judgements based upon deep moral and religious convictions that he has and the strong family values which I know that he adheres to. I think that this state would indeed be proud to have him on the bench and it is indeed a privilege for me today to stand here and put Richard's name in nomination today. Thank you, Mr. Acting President Pro Tempore."

On motion of Rep. WASHINGTON nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted Viva Voce as their names were called.

The following named Senators voted for Mr. Whiting:

Applegate              Courson                Shealy
Stilwell               Thomas

Total--5

The following named Senators voted for Mr. Wilson:

Branton                Bryan                  Dennis
Doar                   Drummond               Fielding
Holland                Land                   Leatherman
Leventis               Lindsay                Long
Lourie                 Macaulay               Martschink
Matthews               McConnell              McGill
Mitchell               Moore                  Patterson
Peeler                 Pope                   Powell
Saleeby                Setzler                Smith, H.C.
Smith, N.W.            Smith, T.E.            Waddell
Williams               Wilson

Total--32

On motion of Rep. T. ROGERS, with unanimous consent, the Members of the House voted by electric roll call.

The following named Reps. voted for Mr. Whiting:

Altman                 Aydlette               Baker
Baxley                 Bradley, J.            Bradley, P.
Burriss, M.D.          Burriss, T.M.          Carnell
Cooper                 Cork                   Davenport
Derrick                Fair                   Haskins
Hayes                  Hendricks              Humphries
Johnson, J.C.          Klapman                Kohn
Koon                   Mappus                 Martin, L.
McGinnis               Pettigrew              Rice
Sharpe                 Simpson                Sturkie
Thrailkill             Wells

Total--32

The following named Reps. voted for Mr. Wilson:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Chamblee               Clyborne               Cole
Corning                Dangerfield            Day
Edwards                Elliott                Faber
Felder                 Ferguson               Foxworth
Gentry                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Hearn                  Helmly
Hodges                 Holt                   Huff
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Lanford
Lewis                  Lockemy                Martin, D.
Mattos                 McBride                McCain
McEachin               McElveen               McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nettles
Pearce                 Petty                  Phillips, O.
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Snow                   Stoddard               Taylor
Townsend               Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--82
RECAPITULATION

Total Number of Senators voting     37
Total Number of Representatives voting     114
Grand Total     151

Necessary to a choice     76

Of which Mr. Whiting received     37

Of which Mr. Wilson received     114

Whereupon, the ACTING PRESIDENT Pro Tempore announced that Mr. Joseph A. Wilson, II, having received a majority of the votes cast was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the ACTING PRESIDENT Pro Tempore, Senator Williams, announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:50 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

Rep. SHEHEEN moved that the House recede until 2:30 P.M., which was adopted.

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.

H. 3667--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2.

H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Debate was resumed on Amendment No. 2, by Rep. E.B. McLEOD.

Rep. E.B. McLEOD spoke in favor of the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2, Rep. E.B. McLEOD having the floor.

RECURRENCE TO THE MORNING HOUR

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

H. 2591--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 27, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2591:

H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
Very respectfully,
President

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

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1191:
S. 1191 -- Senators Land and Stilwell: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.
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., April 27, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 756:
S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1466 -- Senators Wilson, Martschink, Stilwell, Branton, Applegate, Russell, Thomas, McConnell, Shealy, Lee, Courson and Giese: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE STEPHEN PAXSON DARLINGTON, II, OF MOUNT PLEASANT IN CHARLESTON COUNTY.

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. 1468 -- Senator Lee: A CONCURRENT RESOLUTION TO COMMEND DEPUTY SHERIFF DAVID BLANTON OF SPARTANBURG COUNTY FOR BEING THE LAW ENFORCEMENT OFFICER WITH THE HIGHEST NUMBER OF BUCK-A-CUP SALES IN 1988, WHICH MARKS THE FOURTH CONSECUTIVE YEAR HE HAS LED THE STATE IN BUCK-A-CUP SALES DURING THE ANNUAL EASTER SEAL CAMPAIGN.

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

H. 4155--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Joint Resolution until Tuesday, May 3, which was adopted.

H. 4155 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, DIVISION OF FIRE MARSHAL, RELATING TO CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3667--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. E.B. McLEOD having the floor.

H. 3667 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.

Debate was resumed on Amendment No. 2, by Rep. E.B. McLEOD.

Rep. E.B. McLEOD continued speaking.

Rep. KIRSH moved to table the amendment.

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

Yeas 46; Nays 49

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Arthur
Bradley, J.            Brown, H.              Burch
Burriss, T.M.          Carnell                Cork
Corning                Dangerfield            Derrick
Foster                 Foxworth               Gentry
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Humphries
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Mappus                 Martin, L.             McAbee
McEachin               McLellan               McTeer
Nesbitt                Pearce                 Sharpe
Sheheen                Simpson                Taylor
Tucker                 Wells                  Wilder
Wilkins

Total--46

Those who voted in the negative are:

Alexander, M.O.        Aydlette               Bailey, K.
Baker                  Barfield               Baxley
Bennett                Blanding               Bradley, P.
Brown, G.              Brown, R.              Chamblee
Clyborne               Cole                   Cooper
Davenport              Edwards                Faber
Fair                   Felder                 Ferguson
Gilbert                Huff                   Jones
Lanford                Lewis                  Lockemy
McCain                 McElveen               McKay
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nettles                Pettigrew
Petty                  Phillips, O.           Rice
Rogers, T.             Rudnick                Shelton
Snow                   Stoddard               Thrailkill
Townsend               Washington             Whipper
White

Total--49

So, the House refused to table the amendment.

Reps. TAYLOR and BLANDING objected to the Bill.

ORDERED TO THIRD READING

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

S. 1357 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS.

Rep. McLELLAN explained the Joint Resolution.

H. 3931 -- Rep. Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-65 SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO ESTABLISH ADVISORY COMMITTEES.

Rep. LOCKEMY explained the Bill.

S. 1167 -- Medical Affairs Committee: A BILL TO AMEND SECTION 40-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO DEFINE PRIMARY PREVENTIVE CARE AND EDUCATION, TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS TO PERFORM SERVICES UNDER THE DIRECTION AND CONTROL OF THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY AND OTHER DUTIES AUTHORIZED BY THE STATE BOARD OF DENTISTRY, AND TO PROVIDE THAT IF A LICENSED DENTIST IS AVAILABLE HE MUST MAKE AN EXAMINATION AND DIAGNOSIS BEFORE A SEALANT IS PLACED ON A TOOTH.

Rep. LOCKEMY explained the Bill.

S. 1066 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO PROVIDE LICENSURE RECIPROCITY, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION.

S. 1064 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY FOR SIX YEARS; TO AMEND SECTIONS 40-37-180 AND 40-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL REPRESENTATION OR ADVERTISING PRACTICES BY OPTOMETRISTS, SO AS TO MORE SPECIFICALLY DEFINE THE PRACTICES WHICH DEAL WITH LIMITS ON COMPETITION; AND TO REPEAL SECTION 40-37-190 RELATING TO THE UNLAWFUL DISCOUNTING OF THE COST OF EYE EXAMINATIONS OR OFFERING THEM AS PREMIUMS.

S. 1324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3561 -- Reps. P. Harris, J. Harris, Aydlette and Carnell: A BILL TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO INCREASE THE REQUIREMENTS THAT MUST BE MET IN THE PROTECTION AND ADVOCACY OF THE RIGHTS OF DEVELOPMENTALLY DISABLED PERSONS.

Rep. DAVENPORT explained the Bill.

S. 1358 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ASBESTOS REMOVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 896, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. MOSS explained the Joint Resolution.

H. 4178--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 4178 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. LOCKEMY asked unanimous consent that S. 1167 be read a third time tomorrow.

Rep. KLAPMAN objected.

S. 711--OBJECTION

The following Bill was taken up.

S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.

Rep. ARTHUR objected to the Bill.

H. 3825--DEBATE ADJOURNED

The following Bill was taken up.

H. 3825 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3285J).

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

/SECTION 1. Chapter 12, Title 7 of the 1976 Code is amended by adding:

"Section 12-7-434. (A) This section may be cited as the Child's Education Savings Act.

(B) For purposes of this section, 'child's education savings account' means an account created or organized for the exclusive benefit of a child but only if the written governing instrument creating the account meets the following requirements:

(1) Contributions from an individual for the benefit of a child may not be accepted for the taxable year in excess of the amount determined in subsection (C) of this section for an account established for a child.

(2) The account has a trustee which is a bank, building and loan association, savings and loan association, a credit union chartered or supervised under federal law or the laws of this State whose accounts are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Administration, or any agency of this State or any federal agency established for the purpose of insuring accounts in these financial institutions, or an insurance company licensed to do business in this state.

(3) Funds deposited in the account by an initiator may be commingled with funds deposited by other initiators for purposes of investment, but individual records must be maintained by the trustee of each child's education savings account holder which show all transactions in detail.

(4) The remaining balance of the account established for the benefit of the child must be distributed to him not later than thirty days after his twenty-sixth birthday.

(5) The child for whose benefit the account is established may not be more than sixteen years of age and must be a resident of this State or attend an institution of higher learning in this state except that accounts may be established in 1989 for persons otherwise qualified who are seventeen or eighteen years of age in 1989.

(6) No contributions may be accepted after the first qualified disbursement from the account.

(C) In addition to the deductions allowed under Section 12-7-435, there is allowed a deduction against South Carolina taxable income of individuals an amount equal to not more than three thousand dollars annually, paid in cash during the taxable year, to an education savings account established for a child's benefit to defray his cost of college education. In the case of a married couple filing separate returns, the sum of the deduction allowed each of them for the taxable year for amounts paid in cash may not exceed three thousand dollars annually. The amount allowed as a deduction to married taxpayers filing separately is determined by the ratio of federal taxable income of each individual to the total federal taxable income of both taxpayers.

(D) Except as provided in this section, the trustee may not distribute any part of the funds in the account unless it:

(1) certifies that the disbursement is a qualified disbursement. For purposes of this section, a qualified disbursement is an instrument of payment made payable to an institution of higher learning in which the child is enrolled for the expenses of his tuition or room, or both and an amount not to exceed six hundred dollars a year in expenses for books and fees by an instrument of payment made payable to the child in whose name the account is established, with the approval of the trustee;

(2) notifies the commission on forms prescribed by it of the amount disbursed within thirty days after the date of disbursement.

(E) Upon an unqualified disbursement of funds from a child's education savings account, seven percent of the funds distributed must be withheld and remitted to the commission as required under item (2) of subsection (D) in the name of the person withdrawing the funds. For purposes of this section, an unqualified disbursement means any disbursement which is not a qualified disbursement. An institution of higher learning receiving any disbursements under this section shall comply with the withholding provisions of this subsection and the penalty provisions of subsection (G)(2) on any funds it received in the form of a qualified disbursement which it refunds to any person.

(F) If an entity required to withhold and remit funds under this section fails to do so, applicable penalties and interest under Chapter 54 of Title 12 apply. Funds for payment of the penalties and interest may not be taken from disbursed funds.

(G) (1) Upon the death of the child for whose benefit the account had been established, the funds in the account become taxable to and must be distributed to the initiator of the account. If the initiator of the account is deceased and distribution occurs during the period of administration on his estate, the balance of the account must be distributed to his heirs or beneficiaries. If administration on the initiator's estate is completed, the balance must be distributed to the heirs or beneficiaries of the child.

(2) The initiator of the account may, at any time, request the trustee in writing to distribute all or any part of the account balance, and the trustee shall distribute the requested amount. In addition to the withholding on this unqualified disbursement, a penalty equal to ten percent of the distribution, which may not be waived, is imposed and must be withheld and remitted in the manner provided for the seven percent. If the request is pursuant to a hardship as defined by the commission by regulation, no penalty is imposed.

(3) If by the age of twenty years the child for whose benefit the account was established has not enrolled or has no plans to enroll in an institution of higher learning, the trustee shall distribute the balance in the account to the initiator of the account or if he is deceased and the distribution occurs during the period of administration on his estate, to the initiator's heirs or beneficiaries. If administration on the initiator's estate is completed, the balance must be distributed to the child for whose benefit the account was established.

(H) The trustee shall make reports regarding the account to the commission and to the individual for whom the account is maintained with respect to contribution, distributions, and other matters as the commission may require. The reports required by this subsection must be filed at a time and in a manner as the commission may require.

(I) The net income of the account is exempt from state taxation, except as provided in this section.

(J) The provisions of this section apply to accounts established in tax years beginning after December 31, 1988."

SECTION 2. Section 12-7-435 of the 1976 Code, as amended by Section 25E, Part II of Act 170 of 1987, is further amended by adding an appropriately lettered item to read:

"( ) Contributions and earnings thereon made pursuant to Section 12-7-434, the Child's Education Savings Act."

SECTION 3. This act takes effect January 1, 1989./

Amend title to conform.

Rep. KIRSH explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 28, which was adopted.

S. 1295--OBJECTIONS

The following Bill was taken up.

S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.

Reps. McTEER and BAXLEY objected to the Bill.

Rep. AYDLETTE proposed the following Amendment No. 1.

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

Whereas South Carolina is known as the Palmetto State; and

Whereas the carolina cockroach or "Palmetto Bug" is a familiar sight all over the lowcountry of this state; and

Whereas the "Palmetto Bug" is one of the oldest insects in the World; and

Whereas the "Palmetto Bug" is one of the largest varieties of cockroaches in the world and possesses many unique abilities, one of which includes flying in formation just after dusk; and

Whereas there are stories of the "Palmetto Bug" flying off with small animals; and

Whereas the Students at the College of Charleston use the unique running ability of the "Palmetto Bug" to hold races of these insects on an annual basis:

Now, therefore, be it enacted by the General Assembly of South Carolina that the "Palmetto Bug" be named as the state insect.

Rep. AYDLETTE explained the amendment.

Reps. R. BROWN and WASHINGTON objected to the Bill.

S. 1006--OBJECTIONS

The following Bill was taken up.

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

Reps. McTEER, R. BROWN and TAYLOR objected to the Bill.

H. 2840--OBJECTIONS

The following Bill was taken up.

H. 2840 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-1050 AND 50-11-2090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 10-11-1050 AND 10-11-2090, AND TO AMEND SECTION 50-11-2080 SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED IN VIOLATION OF SECTIONS 50-11-1050, 50-11-2080, 50-11-2090, OR 50-13-580 WHICH BELONGS TO OTHER THAN THE VIOLATOR.

Reps. BLANDING, G. BROWN, BARFIELD, E.B. McLEOD and McELVEEN objected to the Bill.

S. 897--OBJECTIONS

The following Bill was taken up.

S. 897 -- Senator Mitchell: A BILL TO AMEND SECTION 24-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF CORRECTIONS, SO AS TO ADD A MEMBER TO BE APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

Reps. J. BRADLEY, K. BAILEY, BARFIELD and FABER objected to the Bill.

H. 3769--DEBATE ADJOURNED

The following Bill was taken up.

H. 3769 -- Rep. Edwards: A BILL TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.

Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 3502J).

Amend the bill, as and if amended, by striking Section 40-23-20 beginning on page 4 and inserting:

/Section 40-23-20. There is created the South Carolina Environmental Certification Board of Certification for Environmental Systems Operators composed of thirteen twelve members, all of whom shall be appointed by the Governor with advice from the following groups, agencies, or individuals:

(a) Four two shall be recommended by the South Carolina Water Pollution Control Association, one of whom must hold an A wastewater certificate and the other must hold a water certificate;

(b) One one shall be recommended by the Municipal Association of South Carolina;

(c) Two one shall be recommended by the President of Clemson University who shall be members is a member of the faculty of the university engaged in waterworks and wastewater instruction;

(d) One shall be recommended by the South Carolina Land Resources Commission;

(e) One one shall be recommended by the executive director of the South Carolina Board for Technical and Comprehensive Education to represent the agency;

(f) Two two shall be recommended by the Commissioner of the South Carolina Department of Health and Environmental Control, one to represent the Bureau of Water Pollution Control and the Bureau of Water Supply and Special Programs, and one to represent the Bureau of Solid and Hazardous Waste Management;

(g) One one shall be recommended by the South Carolina Well Drillers Association;

(h) One one shall be recommended by the executive director of the South Carolina Water Resources Commission to represent the agency;

(i) one to represent the environmental organizations of the State to be appointed by the Governor;

(j) one member at large to be appointed by the Governor.

The terms of the members shall be are for four years, not to exceed two terms, and until successors are appointed and qualify.

The Governor may reject any or all of the nominees found unacceptable. If the Governor declines to appoint any of the nominees, additional nominees shall must be submitted in the same manner. Vacancies shall must be filled in the manner as the original appointment for the unexpired portion of the term./

Amend title to conform.

Rep. DAVENPORT explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 3, which was adopted.

S. 1246--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1246 -- Senators Wilson, Russell, Thomas, Stilwell and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO MAKE IT UNLAWFUL TO INJURE, KILL, OR INTERFERE WITH A DOG USED BY POLICE IN THE PERFORMANCE OF THEIR DUTIES AND TO PROVIDE A PENALTY FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3251J), which was adopted.

Amend the bill, as and if amended, by striking subsection (A) of Section 16-17-705 as contained in SECTION 1, page 1, and inserting:

/(A) It is unlawful for any person wilfully and maliciously to torment, beat, strike, or administer or subject any desensitizing drugs, chemicals, or substance, to any dog used by a law enforcement officer in the performance of his functions or duties, or when placed in a kennel off duty; or to interfere with the dog used by a law enforcement department or agency or his handler in the performance of the functions or duties of the department or agency.

Any person violating the provisions of this subsection is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed five hundred dollars or imprisonment for not more than three months, or both./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 2654--INTERRUPTED DEBATE

The following Bill was taken up.

H. 2654 -- Reps. Hodges, Toal and McElveen: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO PROVIDE THAT THE GRANTING OF ALIMONY, INCLUDING CASES INVOLVING AN ADULTEROUS SPOUSE, IS IN THE DISCRETION OF THE COURT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2531J).

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

/SECTION 1. Section 20-3-130 of the 1976 Code is amended to read:

"Section 20-3-130. In every judgment of divorce from the bonds of matrimony the court shall make such orders touching the maintenance, alimony and suit money of either party or any allowance to be made to him or her and, if any, the security to be given as from the circumstances of the parties and the nature of the case may be just. No alimony shall be granted an adulterous spouse. In any award of permanent alimony the court shall have jurisdiction to order periodic payments or payment in a lump sum. (A) In a proceeding for divorce from the bonds of matrimony, the court may grant alimony or maintenance to either party if it finds that a spouse seeking maintenance:

(1) lacks sufficient property to provide for his or her reasonable needs, considering the standard of living of the parties during marriage; and

(2) is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

(B) The alimony or maintenance order must be in amounts and for periods of time the court considers just, after considering all relevant factors including:

(1) the financial resources of the party seeking alimony or maintenance, including marital property apportioned to him or her, his or her ability to meet needs independently, his or her separate property, and the extent to which a provision for support of a child living with the party defrays expenses of the party as custodian;

(2) the time necessary to acquire sufficient education or training to enable the party seeking alimony or maintenance to find appropriate employment;

(3) the standard of living established during the marriage;

(4) the duration of the marriage;

(5) the age and the physical and emotional condition of each spouse;

(6) the ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;

(7) the marital misconduct of either party; and

(8) any other factors the court considers relevant.

(C) The court, from time to time, after considering the financial resources and marital fault of both parties, may order one party to pay a reasonable amount to the other for costs and attorney's fees incurred in maintaining any action for divorce from the bonds of matrimony including sums for legal services rendered and costs incurred before the commencement of the proceeding or after entry of judgment."

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

Amend title to conform.

Rep. WILKINS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. WILKINS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. HODGES moved that the House recur to the morning hour, which was agreed to by a division vote of 51 to 12.

CONCURRENT RESOLUTION

The following was introduced:

H. 4215 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO MRS. LANELLE SAMUELS FOR HER MANY YEARS OF DEVOTED AND DEDICATED SERVICE TO PUBLIC EDUCATION, FOR HER FIFTEEN YEARS OF OUTSTANDING LEADERSHIP AS A MEMBER, VICE-CHAIRMAN, AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON COUNTY SCHOOL DISTRICT NO. 2, AND EXTENDING TO HER BEST WISHES ON THE OCCASION OF HER RETIREMENT FROM PUBLIC SERVICE ON THE SCHOOL BOARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4216 -- Rep. Edwards: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. TIMOTHY ALAN KECK OF SPARTANBURG COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND TO THE ADMINISTRATION, FACULTY, AND STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND AND DR. KECK'S MANY OTHER FRIENDS.

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

H. 2654--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.

H. 2654 -- Reps. Hodges, Toal and McElveen: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO PROVIDE THAT THE GRANTING OF ALIMONY, INCLUDING CASES INVOLVING AN ADULTEROUS SPOUSE, IS IN THE DISCRETION OF THE COURT.

Debate was resumed on Amendment No. 1, by the Committee on Judiciary.

Rep. WILKINS continued speaking.

Reps. J. BRADLEY, FOXWORTH, KLAPMAN, PETTIGREW, HASKINS, P. BRADLEY, BAKER and TAYLOR objected to the Bill.

ORDERED TO THIRD READING

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

S. 1011 -- Senator Hayes: A BILL TO AMEND SECTION 15-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE BY PUBLICATION, SO AS TO PERMIT SERVICE BY PUBLICATION WHEN THE DEFENDANT IS A RESIDENT OF THIS STATE AND AFTER DILIGENT SEARCH CANNOT BE FOUND.

Rep. WILKINS explained the Bill.

H. 3936 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO REQUIRE SOLICITORS TO SEND COPIES OF CERTAIN ADDITIONAL INFORMATION TO THE DEPARTMENT OF CORRECTIONS AND THE PAROLE AND COMMUNITY CORRECTIONS BOARD.

Rep. WILKINS explained the Bill.

S. 1149 -- Senator McConnell: A BILL TO AMEND SECTION 17-15-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS WHEN A RECOGNIZANCE IS FORFEITED, SO AS TO AUTHORIZE MAGISTRATES TO CONFIRM JUDGMENTS OF TWO HUNDRED EIGHTEEN DOLLARS OR LESS FOR A FORFEITED RECOGNIZANCE.

S. 1155 -- Senators Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-19-120 SO AS TO PROVIDE THAT A BANK MAY OPEN A SAFE DEPOSIT BOX TO OBTAIN THE ORIGINAL COPY OF AN INSTRUMENT EXECUTED BY THE LESSEE GRANTING A PERSON THE POWER OF ATTORNEY IN CASES WHERE THE LESSEE BECOMES MENTALLY INCOMPETENT.

Rep. WILKINS explained the Bill.

S. 1363 -- Judiciary Committee: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 29 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PEN REGISTERS AND TRAP AND TRACE DEVICES MAY BE INSTALLED ON TELEPHONE LINES OR OTHER WIRE OR ELECTRONIC COMMUNICATION DEVICES, AND TO PROVIDE PENALTIES UPON CERTAIN VIOLATIONS.

Rep. HAYES explained the Bill.

S. 1222--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1222 -- Senators Doar, Waddell, Garrison and Bryan: A BILL TO AMEND SECTION 5-37-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "ASSESSMENT", "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-40, AS AMENDED, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS, SO AS TO DELETE THE REQUIREMENT THAT THE MUNICIPAL GOVERNING BODY OBTAIN WRITTEN CONSENT FROM A MAJORITY OF PROPERTY OWNERS IN THE PROPOSED DISTRICT BEFORE CREATING THE DISTRICT, DESCRIBE CERTAIN PROPERTY AS EXEMPT FROM AD VALOREM TAXATION AS PROVIDED BY LAW INSTEAD OF EXEMPT UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE FOR PURPOSES OF DETERMINING THE NUMBER OF OWNERS OF REAL PROPERTY WHICH MUST SIGN A PETITION TO REQUIRE A MUNICIPAL GOVERNING BODY TO ESTABLISH A DISTRICT, AND AUTHORIZE A MUNICIPAL GOVERNING BODY TO CREATE AN IMPROVEMENT DISTRICT BY ORDINANCE AFTER MAKING A FINDING OF CERTAIN CONSIDERATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 5-37-45 SO AS TO AUTHORIZE AN AREA TO BE INCLUDED IN AN IMPROVEMENT DISTRICT CREATED AFTER THE IMPROVEMENTS ARE BEGUN PURSUANT TO A PRECONSTRUCTION AGREEMENT.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 3505J), which was adopted.

Amend the bill, as and if amended, in Section 5-37-40(A)(3) of the 1976 Code, as contained in SECTION 2, page 3, line 30, by inserting after /depreciate/ /, or that the proposed improvements would be likely to encourage development in the improvement district/.

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

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

H. 4125--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4125 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 58-7-10 THROUGH 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 3410J).

Amend the bill, as and if amended, in Section 58-7-20 of the 1976 Code by inserting immediately after /property/ as contained on line 4 of page 2 the following:

/subject to approval of the county council of the county in which the property to be condemned is located/.

Amend the bill further, as and if amended, in Section 58-7-30 of the 1976 Code by inserting immediately after /condemnation/ on line 20 of page 2 the following:

/subject to approval of the county council of the county in which the property to be condemned is located/.

Amend title to conform.

Rep. HAYES explained the amendment.

Further proceedings were interrupted by the time having arrived for the Special Order, the pending question being consideration of Amendment No. 1, Rep. HAYES on the floor.

S. 1062--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

Reps. J. ROGERS and CARNELL proposed the following Amendment No. 1 (Doc. No. 2257J), which was adopted.

Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION ______. Section 40-67-10 of the 1976 Code is amended to read:

"Section 40-67-10. This chapter may be cited as the 'Licensure Act for Speech/Language Pathologists and Audiologists. Whenever the term speech pathologist or other similar derivation of this term is used in this chapter, unless the context clearly indicates otherwise, it means speech/language pathologist."/

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

Reps. J. ROGERS and CARNELL proposed the following Amendment No. 2 (Doc. No. 2258J).

Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION ______. Section 40-67-20(F) of the 1976 Code is amended to read:

"(F) 'The practice of audiology' means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction, and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory function, or other aberrant behavior related to hearing loss. An audiologist is a person who determines range, type, and degree of hearing function related to the patient's auditory efficiency and communicative needs. The audiologist coordinates audiologic findings with other data, such as educational, medical, legal, industrial, occupational, social, and behavioral information; the audiologist may plan, direct, and conduct or participate in: identification and hearing conservation programs; habilitative and rehabilitative programs including hearing aid evaluation; and hearing aid recommendation, counseling, dispensing hearing aids and other auditory assistive devices, guidance, auditory training, speech reading, language development, and speech conservation; provided nothing in this section shall be construed to give audiologists the right to sell hearing aids unless they are licensed to do so under requirements pursuant to the law of this State."/

Renumber sections to conform.

Amend title to conform.

Rep. J. ROGERS moved to adjourn debate upon the amendment, which was adopted.

Rep. COOPER proposed the following Amendment No. 3 (Doc. No. 3509J).

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

/SECTION 1. In accordance with Section 7 of Act 608 of 1978, the existence of the State Board of Examiners in Speech Pathology and Audiology is reauthorized for six years./

Amend title to conform.

Rep. COOPER moved to adjourn debate upon the amendment, which was adopted.

Rep. DAVENPORT proposed the following Amendment No. 4 (Doc. No. 3504J).

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

/SECTION 1. Section 40-67-10 of the 1976 Code is amended to read:

"Section 40-67-10. This chapter may be cited as the 'Licensure Act for Speech-Language Pathologists and Audiologists'."

SECTION 2. Section 40-67-20 of the 1976 Code is amended to read:

"Section 40-67-20. As used in this chapter, unless the context otherwise requires:

(A) 'Board' means the State Board of Examiners in Speech-Language Pathology and Audiology.

(B) 'Person' means any individual, organization or corporate body, except that only individuals can be licensed under this chapter.

(C) 'Speech pathologist' means any person who evaluates, tests, examines, treats, or counsels persons regarding a speech or language disorder. Speech and language disorders shall include any and all conditions, whether of organic or nonorganic origin, which impede the normal process of human communication.

A person represents himself to be a speech pathologist when he holds himself out to the public by any title or description of services incorporating the words "speech pathologist", "speech pathology", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "language pathology", "language pathologist", "logopedics", "logopedist", "communicology", "communicologist", "communication disorders", "aphasiologist", "voice therapy", "voice therapist", "voice pathology", "voice pathologist", "voxologist", "language therapist", "phoniatrist", or any similar titles. 'Speech-language pathology' means the application of principles, methods, and procedures related to the development and disorders of speech and language. Disorders include any and all nonmedical conditions that impede the normal process of human communication including, but not limited to disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, cognition/communication, oral, pharyngeal and laryngeal sensorimotor competencies.

(D) 'The practice of speech pathology' means the rendering or offering to render to individuals, groups, organizations or the public any service in speech pathology involving the application of principles, methods, and procedures for the measurement, testing, identification, appraisal, prediction, consultation, counseling, instruction and research related to the development and disorders of speech, voice, or language for the purpose of identifying, preventing, treating, and ameliorating such disorders and conditions. 'Speech-language pathologist' means any person who evaluates, tests, examines, or counsels persons regarding a speech, language, or voice disorder and who meets the qualifications set forth in this act. Speech, language, or voice disorders shall include any nonmedical conditions which impede the normal process of human communication.

A person represents himself to be a speech-language pathologist when holding out to the public by any means, or by any service or function performed directly or indirectly by using the terms 'speech pathologist', 'speech pathology', 'speech therapy', 'speech therapist', 'speech clinic', 'speech clinician', 'language pathology', 'language pathologist', 'logopedics', 'logopedist', 'aphasiologist'.
(E) 'Audiologist' means any person holding a master's degree or doctor's degree in audiology. A person represents himself to be an audiologist when he holds himself out to the public by any title or description of services which incorporates the words 'audiologist' or "audiology" or similar titles. 'The practice of speech-language pathology' means rendering or offering to render to individuals, groups, organizations, or the public any service in speech-language pathology involving, but not limited to, the application of principles, methods, and procedures for the measurement, testing, identification, appraisal, prediction, consultation, counseling, instruction, and research related to disorders of speech, voice, or language for the purpose of identifying, preventing, habilitating, rehabilitating, and ameliorating those disorders and conditions; determining the need for augmentative communications systems, dispensing the systems, and providing training in utilization of the systems; and planning, directing, conducting, or supervising programs that render or offer to render any service in speech-language pathology.

The practice of speech-language pathology may include pure-tone air conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass/fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication.

(F) 'The practice of audiology' means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory function or other aberrant behavior related to hearing loss. An audiologist is a person who determines range, type and degree of hearing function related to the patient's auditory efficiency and communicative needs. The audiologist coordinates audiologic findings with other data, such as educational, medical, legal, industrial, occupational, social and behavioral information; the audiologist may plan, direct, and conduct or participate in: identification and hearing conservation programs; habilitative and rehabilitative programs including hearing aid evaluation; and hearing aid recommendation, counseling, guidance, auditory training, speech reading, language development, and speech conservation; provided nothing in this section shall be construed to give audiologists the right to sell hearing aids unless they are licensed to do so under requirements pursuant to the law of this State. 'Audiology' means the application of principles, methods, and procedures related to hearing and the disorders of hearing, to related language and speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as altered auditory sensitivity, acuity, function, processing, or damage to the integrity of the physiological auditory system, in individuals or groups of individuals who have or are suspected of having those disorders.

(G) 'The practice of audiology' means rendering or offering to render any service in audiology, including, but not limited to, appraisal, prediction, consultation, counseling, instruction, and research related to hearing and disorders of hearing for the purpose of identifying, preventing, or modifying communicative disorders involving speech, language, auditory function, or other aberrant behavior related to hearing loss. An audiologist determines range, type, and degree of hearing function related to the patient's auditory efficiency and communicative needs, coordinates audiologic findings with other information in order to provide comprehensive habilitative and rehabilitative services and programs.

The practice of audiology may include speech or language screening limited to a pass/fail determination, for the purpose of initial identification of individuals with other disorders of communication as part of a hearing evaluation.

(H) 'Audiologist' means any person who engages in the practice of audiology and who meets the qualifications set forth in this chapter. A person represents himself to be an audiologist when holding out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms 'audiology' and 'audiologist'. This chapter does not apply to hearing aid specialists licensed under Regulation 61-3 of the Department of Health and Environmental Control, the practice of selling and fitting hearing aids."

SECTION 3. Section 40-67-30 of the 1976 Code is amended to read:

"Section 40-67-30. There is hereby created a State Board of Examiners in Speech-Language Pathology and Audiology which shall administer this chapter."

SECTION 4. Section 40-67-40 of the 1976 Code is amended to read:

"Section 40-67-40. Licenses shall must be granted in either speech-language pathology or audiology independently.

No person shall practice or present himself as being able to practice speech-language pathology or audiology in this State unless he is licensed in accordance with the provisions of this chapter."

SECTION 5. Section 40-67-50 of the 1976 Code is amended to read:

"Section 40-67-50. The provisions of this chapter shall do not apply to:

(A) Any qualified person licensed in this State under any other law, while that person is engaged in the practice, as defined by state law, of the profession or business for which he is licensed.

(B) The activities, services, and use of an official title on the part of a person in the employ of a federal or state agency, or a political subdivision of the State, as such when the services are part of the duties of his office or position with such the agency.

(C) The activities and services of a student fellow, trainee, or intern in audiology or speech-language pathology pursuing a course of study at an accredited university or college or working in a recognized training center if these activities and services constitute a part of his course of study under a supervisor licensed in audiology or speech-language pathology.

(D) Those persons who are licensed by the State to commercially fit and sell hearing aid, provided such persons perform only those tests necessary for purposes of hearing aid fitting and counseling.

(E) No one shall be exempt under subsection (B) above for that portion of his time spent as a private practitioner. If he performs any work as an audiologist or speech pathologist for which a fee may be paid by recipient of the service, or as part of a private practice apart from his position with the government agency, a license must be acquired prior to performing such services. Persons who hold a valid and current credential as a teacher of the deaf as certified by the Conference of Executives of American Schools for the Deaf, and do not otherwise advertise and render speech-language pathology and audiology services as defined in Section 40-67-20.

(F) Persons who hold a valid and current credential as a teacher of the deaf as certified by the Conference of Executives of American Schools for the Deaf, and do not otherwise advertise and render speech-language pathology and audiology services as defined in Section 40-67-20, subsections (E)40-67-20(E), and (F) Section 40-67-20(G).

(G) The provisions of this chapter do not apply Hearing screening activities of registered nurses and licensed practical nurses or other certified technicians trained to perform those audiometric screening tests.

(H) Any qualified person licensed in the State under Regulation 61-3 regulating the practice of selling and fitting hearing aids or any other person licensed under any other law while that person is engaged in the lawful practice of the profession or business for which he is licensed.

(I) Temporary permit holder under Regulation 61-3.

This chapter does not prohibit the hearing aid specialist from using the audiometer to make an audiometric test or from using the tympanometer to make a tympanogram or other hearing test equipment widely used to determine the auditory sensitivity, type, range, and degree of hearing loss for the purpose of correctly fitting a hearing aid or from knowing when to send a client for medical attention and clearance before fitting a hearing aid."

SECTION 6. Section 40-67-60 of the 1976 Code is amended to read:

"Section 40-67-60. To be eligible for licensure by the Board board as a speech-language pathologist or audiologist the applicant shall:

(A) Possess at least a master's degree in speech-language pathology or audiology, or qualifications deemed considered equivalent by the Board board under regulations duly adopted pursuant to this chapter. Such The degree or equivalent qualifications shall must be obtained from educational institutions approved by the Board board.

(B) Present evidence of the completion of a program of studies either approved by a national accrediting organization recognized by the board, or determined by the board to be equivalent.

(C) Pass an examination approved by the board. The board shall determine the subject and scope of the examinations. Written examinations may be supplemented by such oral examinations as the board shall determine require. The board shall keep a transcript of any oral examination as part of its records for at least one year following the date of the examination.

Applicants shall pay to the board, at least thirty days prior to the date of examination, a nonrefundable examination fee prescribed by the board. An applicant who fails the examination may be reexamined at a subsequent examination upon payment of another examination fee."

SECTION 7. Section 40-67-70 of the 1976 Code is amended to read:

"Section 40-67-70. (A) The board may waive the examination and educational requirements and grant a license to those applicants who,

(1) Present present proof of current licensure in a state which has standards equivalent to those of this State, as determined by the board, or

(2) Hold hold the certificate of clinical competence of the American Speech, Language, and Hearing Speech-Language-Hearing Association in the area for which he is applying for licensure.

(B) The board may provide a provisional license to persons who have completed academic requirements specified in this chapter and are working toward fulfilling the professional experience requirement established by the board pursuant to Section 40-67-60, subsection (B) 40-67-60(B). This provisional license may be renewed for a period of one additional year at the discretion of the board. A provisional license may also be issued to those persons who have requested a waiver under subsection (A), item (1), of this section."

SECTION 8. Section 40-67-80 of the 1976 Code is amended to read:

"Section 40-67-80. The board shall consist consists of six seven members: two speech-language pathologists, two audiologists, one otolaryngologist, one hearing aid specialist, and one lay member. Each speech-language pathologist, audiologist, and the otolaryngologist must shall hold active and valid South Carolina licenses and be currently practicing in this State. Each board member shall continue to practice in South Carolina for the duration of the appointed term. All members shall must be appointed by the Governor. Nominations for appointment to the board shall must be received by the Governor from any group, individual, or association. Terms shall be are for four years and until a successor has been appointed and qualifies. No member may succeed himself. The South Carolina Speech and Hearing Speech-Language-Hearing Association must shall submit lists of nominations consisting of four names for each board position."

SECTION 9. Section 40-67-90 of the 1976 Code is amended to read:

"Section 40-67-90. The Board board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, supervise the examination of applicants and may issue subpoenas, examine witnesses, and administer oaths and shall investigate persons engaging in practices which violate the provisions of this chapter.

The Board board shall adopt regulations not inconsistent with the provisions of this chapter, including regulations which establish ethical standards of practice.

Regular meetings of the Board shall board must be held at such times and places as the Board shall determine board determines and special meetings may be held upon call of the chairman. At least one regular meeting shall must be held each year.

Every Each registered audiologist and speech-language pathologist commencing to practice shall notify the Board board of his office address and shall annually biennially, before April March first, pay to the Board board a license fee. They He shall promptly notify the Board board of any changes of address and shall furnish such other information to the Board board as it may require. The Board board may suspend the authority of any registered audiologist or speech-language pathologist to practice for failure to comply with any of the above requirements. The Board board shall publish, annually, complete lists of the names and office addresses of all audiologists and speech-language pathologists registered and practicing in the State."

SECTION 10. Section 40-67-100 of the 1976 Code is amended to read:

"Section 40-67-100. The Board board may employ within the limits of available funds a secretary and such attorneys, inspectors, clerks, and other employees as shall be deemed it considers necessary, and shall outline their duties and fix their compensation to be paid solely from funds derived by fees imposed by the board upon those under its jurisdiction."

SECTION 11. Section 40-67-120 of the 1976 Code is amended to read:

"Section 40-67-120. Applications for licenses shall must be made upon a form and in such a manner as the Board board prescribes in regulations adopted under this chapter.

Applications shall must be accompanied by a prescribed application fee which shall not be refunded by the Board."

SECTION 12. Section 40-67-140 of the 1976 Code is amended to read:

"Section 40-67-140. The Board board shall issue a license to all applicants who meet the requirements of this chapter and who pay to the Board the prescribed license fee."

SECTION 13. Section 40-67-150 of the 1976 Code is amended to read:

"Section 40-67-150. The board shall establish by regulation all fees and assessments. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall must be credited to the General Fund of the State. All assessments, fees, or licenses must be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the State's Personnel Compensation Plan.

Any person, otherwise qualified and certified by the board, not in the active practice of audiology or speech-language pathology, may register for a nonactive certificate upon payment of an annual fee but must continue continuing education requirements and successfully complete a specialty examination conducted by the board before being licensed to resume practice."

SECTION 14. Section 40-67-160 of the 1976 Code is amended to read:

"Section 40-67-160. The license of any audiologist or speech-language pathologist may be suspended or revoked by the Board board upon proof that he:

(A) Obtained his obtained the license by means of fraud, misrepresentation, or concealment of material facts.

(B) Has has been guilty of fraud or deceit in connection with his the services rendered as an audiologist or speech-language pathologist.

(C) Has has been guilty of unprofessional conduct as defined by the rules established by regulations of the Board board or has violated the code of ethics published by the Board board.

(D) Has has violated any lawful order, rule or regulation adopted by the Board board.

(E) Has has violated any provision of this chapter."

SECTION 15. Section 40-67-170 of the 1976 Code is amended to read:

"Section 40-67-170. Notice in writing of a contemplated revocation or suspension of a license, of the cause therefor for the revocation or suspension in sufficient particularity, and of the date of hearing thereon shall on the revocation or suspension must be sent by registered or certified mail to the licensee at his last known address at least thirty days before the date of such the hearing. The licensee against whom a charge is filed shall have has a right to appear before the Board board in person or by counsel, may produce witnesses and evidence in his behalf, and may examine witnesses. No license shall may be revoked or suspended without such a hearing, but the nonappearance of the licensee, after notice, shall does not prevent such the hearing. The licensee shall must be notified in writing of the Board board's decision.

After issuing an order of revocation or suspension the Board board may also file a petition in equity in the circuit court in the county in which the licensee resides or transacts business to ensure appropriate injunctive relief to expedite and secure the enforcement of its order pending the final determination.

After one year from the date of revocation, an application for reinstatement may be made to the Board board, which may, upon affirmative vote of at least the majority of its members, grant such the reinstatement, upon affirmative vote of at least a majority of its members."

SECTION 16. Section 40-67-180 of the 1976 Code is amended to read:

"Section 40-67-180. Any person licensed under this chapter who violates any of the provisions of this chapter shall be deemed is guilty of a misdemeanor and upon conviction shall must be punished by a fine of not more than one thousand dollars or be imprisoned in the county jail for a period not exceeding six months, or both."

SECTION 17. In accordance with Section 7 of Act 608 of 1978, the existence of the State Board of Examiners in Speech-Language Pathology and Audiology is reauthorized for six years.

SECTION 18. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. KLAPMAN moved to adjourn debate upon the amendment, which was adopted.

Reps. LOCKEMY, J.W. McLEOD and R. BROWN proposed the following Amendment No. 5 (Doc. No. 3525J), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. Section 40-67-20(F) of the 1976 Code is amended to read:

"(F) 'The practice of audiology' means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory function or other aberrant behavior related to hearing loss. An audiologist is a person who determines range, type and degree of hearing function related to the patient's auditory efficiency and communicative needs. The audiologist coordinates audiologic findings with other data, such as educational, medical, legal, industrial, occupational, social and behavioral information; the audiologist may plan, direct, and conduct or participate in: identification and hearing conservation programs; habilitative and rehabilitative programs including hearing aid evaluation; and hearing aid recommendation, counseling, guidance, auditory training, speech reading, language development, and speech conservation; provided nothing in this section shall be construed to give audiologists the right to sell hearing aids unless they are licensed to do so under requirements pursuant to the law of this State. rendering or offering to render any service in audiology, including, but not limited to, appraisal, prediction, consultation, counseling, instruction, and research related to hearing and disorders of hearing for the purpose of identifying, preventing, or modifying communicative disorders involving speech, language, auditory function, or other aberrant behavior related to hearing loss. An audiologist determines range, type, and degree of hearing function related to the patient's auditory efficiency and communicative needs and coordinates audiologic findings with other information in order to provide comprehensive habilitative and rehabilitative services and programs. The services and programs may include evaluating hearing function, recommending and dispensing hearing aids and other auditory-assistive devices, counseling, guidance, auditory training, speech, reading, language development, and speech conservation. 'The practice of audiology' may include speech or language screening limited to a pass/fail determination for the purpose of initial identification of individuals with other disorders of communication as part of a hearing evaluation."

SECTION 3. Section 40-67-60 of the 1976 Code is amended to read:

"Section 40-67-60. To be eligible for licensure by the Board board as a speech pathologist or audiologist the applicant shall:
(A) Possess at least a master's degree in speech pathology or audiology, or qualifications deemed considered equivalent by the Board board under regulations duly adopted pursuant to this chapter. Such The degree or equivalent qualifications shall must be obtained from educational institutions approved by the Board board.
(B) Present evidence of the completion of a program of studies either approved by a national accrediting organization recognized by the board, or determined by the board to be equivalent.
(C) Pass an examination approved by the board. The board shall determine the subject and scope of the examinations. Written examinations may be supplemented by such oral examinations as the board shall determine. The board shall keep a transcript of any oral examination as part of its records for at least one year following the date of the examination.

Applicants shall pay to the board, at least thirty days prior to the date of examination, a nonrefundable examination fee prescribed by the board. An applicant who fails the examination may be reexamined at a subsequent examination upon payment of another examination fee.

For those audiologists wishing to dispense hearing aids, the board shall require the applicant to demonstrate adequate technical qualifications by practical tests of proficiency in, at a minimum, the following techniques as they pertain to the fitting of hearing aids:

(1) pure tone audiometry, including air conduction testing and bone conduction testing;

(2) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;

(3) masking when indicated;

(4) recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;

(5) taking earmold impressions."

SECTION 4. Section 40-67-80 of the 1976 Code is amended to read:

"Section 40-67-80. The board shall consist consists of six seven members: two speech pathologists, two audiologists, one otolaryngologist, one hearing aid dealer and fitter holding a valid and current South Carolina license who does not hold a degree in audiology, and one lay member. Each speech pathologist, audiologist, and the otolaryngologist must shall hold active and valid South Carolina licenses and must be currently practicing in this State. Each board member shall continue to practice in South Carolina for the duration of the appointed term. All members shall must be appointed by the Governor. Nominations for appointment to the board shall must be received by the Governor from any group, individual, or association. Terms shall be are for four years and until a successor has been appointed and qualifies. No member may succeed himself. The South Carolina Speech and Hearing Association must shall submit lists of nominations consisting of four names for each board position."

SECTION 5. Chapter 67 of Title 40 of the 1976 Code is amended by adding:

"Section 40-67-175. (A) Any person wishing to make a complaint against an audiologist licensed under this chapter to fit and dispense hearing aids shall reduce the complaint to writing and file the complaint with the board within one year from the date of the action upon which the complaint is based. If the board determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter must be suspended or revoked, the board shall make an order fixing a time and place for the hearing and requiring the licensee complained against to appear and defend against the complaint. The order and a copy of the complaint must be served upon the licensee at least twenty days before the date set for the hearing, either personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of the hearing date must be made for good cause shown. At the hearing the licensee may be represented by counsel. The licensee and the board have the right to compel the attendance of witnesses by subpoenas issued by the board under the board's seal.

(B) Any audiologist registered under this chapter to fit and dispense hearing aids may have his license revoked or suspended for a fixed period by the board for any of the following causes:

(1) the conviction of any felony or of a misdemeanor involving moral turpitude. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, is conclusive evidence of the conviction;

(2) procuring of licensure under this chapter by fraud or deceit practiced upon the board;

(3) unethical conduct, including, but not limited to, the following:

(a) the obtaining of any fee or the making of any sale by fraud or misrepresentation;

(b) knowingly employing directly or indirectly any suspended or unregistered person to perform any work covered by this chapter;

(c) using, or causing or promoting the use of, any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful;

(d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type from that advertised;

(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words 'doctor', 'audiologist', 'clinic', or similar words, abbreviations, or symbols which tend to connote the medical profession when such use is not the case;

(f) habitual intemperance;

(g) gross immorality;

(h) permitting another's use of a license;

(i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist;

(j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to any person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter;

(k) stating or implying that the use of any hearing aid will restore or preserve hearing or prevent or retard progression of hearing impairment;

(4) conducting business while suffering from a contagious or infectious disease;

(5) engaging in the fitting and sale of hearing aids under a false name or alias with fraudulent intent;

(6) selling a hearing aid to a person who has not been given tests utilizing appropriate, established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aides;

(7) gross incompetence or negligence in fitting and selling hearing aids;

(8) violating any provision of this chapter."

SECTION 6. For those audiologists already holding a valid South Carolina license to dispense hearing aids prior to the effective date of the changes made by Section 3 of this act to Section 40-67-60 of the 1976 Code, the State Board of Examiners in Speech Pathology and Audiology shall promulgate regulations affecting these audiologists such that the changes made by Section 3 of this act to Section 40-67-60 of the 1976 Code do not apply directly to them.

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

Reps. HENDRICKS and DAVENPORT spoke against the amendment.

Rep. J. ROGERS spoke in favor of the amendment.

Rep. DAVENPORT moved to table the amendment.

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

Yeas 71; Nays 32

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Blanding
Brown, G.              Brown, H.              Burch
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Edwards
Fair                   Foxworth               Gentry
Harvin                 Haskins                Hayes
Hearn                  Hendricks              Hodges
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Kirsh
Klapman                Lanford                Lewis
Mappus                 Martin, L.             Mattos
McAbee                 McCain                 McEachin
McElveen               McLellan               McTeer
Moss                   Nesbitt                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rudnick                Sheheen                Simpson
Snow                   Stoddard               Taylor
Tucker                 Washington             Wells
Wilder                 Wilkins

Total--71

Those who voted in the negative are:

Aydlette               Baker                  Beasley
Bennett                Boan                   Bradley, J.
Bradley, P.            Brown, R.              Carnell
Chamblee               Derrick                Faber
Felder                 Ferguson               Foster
Gilbert                Gregory                Harris, J.
Huff                   Keyserling             Limehouse
Lockemy                McKay                  McLeod, J.W.
Neilson                Nettles                Rogers, J.
Rogers, T.             Sharpe                 Short
Whipper                White

Total--32

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 6 (Doc. No. 3535J).

Amend the bill, as and if amended, by adding after SECTION 1:

/SECTION 2. Section 40-67-50(A) of the 1976 Code is amended to read:

"(A) Any A qualified person licensed in this State under Chapter 25 of this title regulating the practice of selling and fitting hearing aids or any other law, while that person is engaged in the lawful practice, as defined by state law, of the profession or business for which he is licensed."

SECTION 3. Section 40-67-50 of the 1976 Code is amended by adding at the end:

"(H) This act does not prohibit the hearing aid specialist from using the audiometer to make an audiometric test or from using the tympanometer to make a tympanogram or use other hearing test equipment widely used to determine the auditory sensitivity, type, range, and degree of hearing loss for the purpose of correctly fitting a hearing aid, or knowing when to send a client for medical attention and clearance before fitting a hearing aid."/

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT moved to adjourn debate upon the amendment, which was adopted.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2 by Reps. J. ROGERS and CARNELL.

Rep. J. ROGERS moved to adjourn debate upon the amendments.

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

AMENDMENT NO. 3--TABLED

Debate was resumed on Amendment No. 3 by Rep. COOPER.

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

AMENDMENT NO. 4--TABLED

Debate was resumed on Amendment No. 4 by Rep. DAVENPORT.

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

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6 by Rep. DAVENPORT.

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

Rep. LOCKEMY explained the Bill.

Rep. FABER moved that the House do now adjourn.

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

Yeas 2; Nays 92

Those who voted in the affirmative are:

Corning                Faber

Total--2

    Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Baker
Barfield               Baxley                 Beasley
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burch                  Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Cork                   Dangerfield
Davenport              Day                    Derrick
Edwards                Fair                   Felder
Ferguson               Gentry                 Gilbert
Gregory                Harris, J.             Harvin
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kirsh                  Klapman
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, L.
McAbee                 McCain                 McEachin
McElveen               McGinnis               McKay
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Petty                  Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins

Total--92

So, the House refused to adjourn.

Rep. LOCKEMY continued speaking.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 100; Nays 1

Those who voted in the affirmative are:

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

Total--100

Those who voted in the negative are:

Thrailkill
Total--1

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

OBJECTION TO MOTION

Rep. DAVENPORT asked unanimous consent that S. 1062 be read a third time tomorrow.

Rep. J. ROGERS objected.

S. 1140--INTERRUPTED DEBATE

The following Joint Resolution was taken up.

S. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.

Rep. RUDNICK spoke against the Joint Resolution.

Further proceedings were interrupted by a Rules Committee Report, the pending question being consideration of the Joint Resolution.

H. 4217--ADOPTED

The following was introduced:

H. 4217 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4114, RELATING TO REVISING AND INCREASING THE PENALTIES FOR TRAFFICKING IN CERTAIN DRUGS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING DISPOSITION OF S. 1062 AND S. 1140 AS PROVIDED FOR IN SPECIAL ORDER HOUSE RESOLUTIONS H. 4205 AND H. 4206, RESPECTIVELY, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4114 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 4114, relating to revising and increasing the penalties for trafficking in certain drugs, be set by special order for second reading or other consideration immediately following disposition of S. 1062 and S. 1140 as provided for in special order House Resolutions H. 4205 and H. 4206, respectively, and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 4114 is given third reading or it is otherwise disposed of.

The Resolution was adopted.

H. 4218--ADOPTED

The following was introduced:

H. 4218 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3896, RELATING TO RURAL ELECTRIC COOPERATIVES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H. 4114, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3896 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3896, relating to rural electric cooperatives, be set for special order for second reading or other consideration immediately following third reading or other disposition of H. 4114 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3896 is given third reading or it is otherwise disposed of.

Rep. T.M. BURRISS moved to table the Resolution.

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

Yeas 6; Nays 80

    Those who voted in the affirmative are:

Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Hearn                  Klapman                Wells

Total--6

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Baker
Barfield               Baxley                 Beasley
Boan                   Bradley, J.            Brown, G.
Brown, H.              Brown, J.              Burch
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Dangerfield            Day
Derrick                Faber                  Felder
Ferguson               Gentry                 Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Helmly                 Hendricks
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kirsh
Koon                   Lanford                Lewis
Lockemy                Mappus                 Martin, L.
Mattos                 McAbee                 McElveen
McGinnis               McLellan               McLeod, E.B.
McTeer                 Moss                   Neilson
Nesbitt                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Stoddard               Thrailkill             Tucker
Washington             White                  Wilder
Wilkins                Winstead

Total--80

So, the House refused to table the Resolution.

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

H. 4219--ADOPTED

The following was introduced:

H. 4219 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4073, RELATING TO THE FINDING OF REGIONAL COUNCILS OF GOVERNMENT REGARDING HIGHWAY WORK IN A MUNICIPALITY, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H. 3896, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4073 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 4073 be set by special order for second reading or other consideration immediately following third reading or other disposition of H. 3896 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 4073 is given third reading or it is otherwise disposed of.

The Resolution was adopted.

H. 4220--ADOPTED

The following was introduced:

H. 4220 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3556, RELATING TO THE REQUIREMENTS AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND REINSURANCE FACILITY GOVERNING BOARD, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H. 4073 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3556 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H. 3556 be set by special order for second reading or other consideration immediately following third reading or other disposition of H. 4073 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3556 is given third reading or it is otherwise disposed of.

The Resolution was adopted.

S. 1140--ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution.

S. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.

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

SECTION 1. It is proposed that Section 22 of Article V of the Constitution of this State be amended to read:

"Section 22. The petit jury of the Circuit Court shall consist of twelve members and the number of jurors of other courts shall be determined by law. All jurors in any trial court must agree to a verdict in order to render the same. The grand jury of each county shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a qualified elector under the provision of this Constitution and of good moral character. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereon: "Must Section 22 of Article V of the Constitution of this State be amended so as to delete the requirement that jurors must be qualified electors of this State and be of good moral character, and provide that jurors must be residents of this State and have such other qualifications as the General Assembly may prescribe?

Yes [ ]
No [ ]

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

Rep. HASKINS spoke against the Joint Resolution.

Reps. WILKINS and GREGORY spoke in favor of the Joint Resolution.

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

Yeas 88; Nays 19

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Barfield               Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cork                   Corning
Dangerfield            Day                    Derrick
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Hayes                  Hearn
Helmly                 Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Sheheen
Shelton                Short                  Snow
Taylor                 Washington             Whipper
White                  Wilder                 Wilkins
Winstead

Total--88

Those who voted in the negative are:

Baker                  Baxley                 Bradley, P.
Cole                   Davenport              Haskins
Hendricks              Kay                    Klapman
Koon                   McGinnis               Pettigrew
Rudnick                Sharpe                 Simpson
Stoddard               Thrailkill             Tucker
Wells

Total--19

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

Rep. T.M. BURRISS moved that the House do now adjourn.

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

Yeas 5; Nays 89

Those who voted in the affirmative are:

Burriss, M.D.          Burriss, T.M.          Corning
Hearn                  Snow

Total--5

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Burch                  Carnell                Chamblee
Clyborne               Cole                   Cooper
Dangerfield            Davenport              Day
Derrick                Fair                   Felder
Ferguson               Foster                 Gentry
Gregory                Harris, J.             Harvin
Haskins                Hayes                  Helmly
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kirsh                  Klapman
Koon                   Lanford                Lewis
Limehouse              Lockemy                Mappus
Martin, L.             Mattos                 McAbee
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                 Shelton
Simpson                Stoddard               Tucker
Wells                  White                  Wilder
Wilkins                Winstead

Total--89

So, the House refused to adjourn.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Lourie and McConnell of the Committee of Free Conference on the part of the Senate on S. 704:
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-4450, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
Very respectfully,
President

No. 63

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 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 Free Conference on S. 704, and the Report having been adopted by both Houses:
S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: A BILL TO AMEND SECTIONS 23-5-40, 56-1-50, 56-1-130, 56-1-180, 56-1-440, 56-1-460, 56-1-720, 56-1-1030, 56-1-1040, 56-1-1090, AND 56-1-1100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVERS' LICENSES, SO AS TO PROVIDE THAT A PERSON FIFTEEN AND ONE-HALF YEARS OF AGE INSTEAD OF FIFTEEN YEARS OF AGE MAY APPLY FOR A BEGINNER'S PERMIT, PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED LICENSE MAY HAVE THE PROHIBITION WAIVED TO DRIVE TO AND FROM WORK AND TO PROVIDE THAT AT AGE SIXTEEN AND ONE-HALF THE SPECIAL RESTRICTIONS ARE AUTOMATICALLY REMOVED, TO INCREASE THE PENALTIES FOR DRIVING WITHOUT A LICENSE, TO INCREASE THE PENALTIES FOR DRIVING WHEN A LICENSE IS CANCELED, SUSPENDED, OR REVOKED, TO PROVIDE THAT ANY PERSON WHO EXCEEDS SEVENTY MILES AN HOUR IS SUBJECT TO RECEIVING FIVE POINTS, TO PROVIDE THAT THE RECORD OF A HABITUAL OFFENDER MAY BE ADMITTED AS EVIDENCE, TO PROVIDE THAT HABITUAL OFFENDER CASES ARE GOVERNED BY THE ADMINISTRATIVE PROCEDURES ACT, TO PROVIDE THAT A HABITUAL OFFENDER MAY NOT BE ISSUED A DRIVER'S LICENSE FOR FIVE YEARS FROM THE DATE OF THE FINAL DECISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, IF APPEALED, SUSTAINED BY A COURT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL MAKE THE DECISION PROHIBITING OPERATION OF A VEHICLE AND, IF A PERSON IS A HABITUAL OFFENDER, THE DEPARTMENT MUST NOTIFY THE SOLICITOR OR THE ATTORNEY GENERAL; TO AMEND SECTIONS 56-5-750, 56-5-1520, 56-5-2930, 56-5-2940, 56-5-2945, 56-5-2950, 56-5-2990, 56-5-4100, 56-5-5015, 56-5-6410, 56-5-6420, AND 56-5-6430, RELATING TO TRAFFIC REGULATIONS, SO AS TO PROVIDE FOR A MANDATORY MINIMUM PENALTY FOR FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT OFFICER, TO INCREASE THE PENALTIES FOR EXCEEDING CERTAIN SPEED LIMITS, TO MAKE IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR ANY DRUG WHICH RENDERS THE OPERATOR INCAPABLE OF DRIVING SAFELY, TO INCREASE THE PENALTY FOR A FELONY DUI, ADD URINE OR BLOOD TESTS TO THE IMPLIED CONSENT STATUTE, TO PROVIDE PROCEDURES FOR THEIR USE, TO RELEASE PERSONS ADMINISTERING TESTS FROM CRIMINAL AND CIVIL LIABILITY UNLESS GROSSLY NEGLIGENT, TO PROVIDE FOR AN IMMEDIATE SUSPENSION OF DRIVING PRIVILEGES IF A BLOOD ALCOHOL CONTENT OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR GREATER IS REGISTERED, TO REQUIRE PERSONS CONVICTED FOR DRIVING UNDER ALCOHOL OR DRUG INFLUENCE AND LICENSE SUSPENSION TO ENROLL IN THE ALCOHOL AND DRUG SAFETY PROGRAM, TO FURTHER PROVIDE REQUIREMENTS FOR TRUCKS OR OTHER VEHICLES LOADED WITH ROCK, GRAVEL, OR SIMILAR SUBSTANCES AND TO PROVIDE EXCEPTIONS AND A PENALTY, TO FURTHER PROVIDE FOR THE TIME IN WHICH HEADLIGHTS ARE TO BE TURNED ON AND TO PROVIDE A PENALTY, TO ADOPT SAFETY STANDARD NUMBER 205 OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION DEALING WITH TINTING OR GLAZING WINDOWS OF MOTOR VEHICLES, TO PROVIDE THAT ANY CHILD FROM FOUR THROUGH SIX YEARS OF AGE TRANSPORTED IN THE FRONT SEAT BE SECURED BY A SAFETY BELT AND TO FURTHER PROVIDE FOR CHILD PASSENGER RESTRAINT SYSTEMS; SECTIONS 56-9-70 AND 56-9-340, RELATING TO DRIVING WHILE A LICENSE OR REGISTRATION OR OPERATING PRIVILEGE IS REVOKED OR SUSPENDED, SO AS TO INCREASE THE PENALTIES; SECTIONS 56-11-740 THROUGH 56-11-770, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SALE OR DISPOSAL OF A VEHICLE TO A FAMILY MEMBER WITH SUSPENDED REGISTRATION AND PLATES, AND FALSE EVIDENCE AS TO THE INSURED STATUS OF A VEHICLE, SO AS TO INCREASE THE PENALTY FOR THESE OFFENSES; SECTIONS 58-17-1400, 58-17-1450, AND 58-17-1470, RELATING TO SIGNBOARDS AT RAILROAD CROSSINGS AND REPORTS PERTAINING THERETO, SO AS TO REQUIRE THE STATE HIGHWAY ENGINEER OR A DESIGNEE TO MAKE CERTAIN THAT THESE SIGNBOARDS ARE IN ACCORDANCE WITH REGULATIONS AND TO PROVIDE A PENALTY FOR FAILING TO MAINTAIN SIGNBOARDS, TO PROVIDE FOR INSPECTION OF RAILROAD CROSSINGS EVERY FIVE YEARS. REQUIRE CORRECTIVE MEASURES, PROVIDE A PENALTY, AND REQUIRE THE STATE HIGHWAY ENGINEER TO MAKE AN ANNUAL REPORT OF RAILROAD GRADE CROSSINGS; SECTION 59-39-310, RELATING TO MANDATORY DRIVER EDUCATION AND TRAINING, SO AS TO REQUIRE SCHOOL DISTRICTS TO ESTABLISH PROGRAMS TO INCLUDE PERSONS OF PROVISIONAL DRIVING AGE AND TO REQUIRE PERSONS UNDER EIGHTEEN TO COMPLETE DRIVER EDUCATION PRIOR TO RECEIVING A DRIVER'S LICENSE; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR A DRIVER'S LICENSE COMPACT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-185, 56-1-365, 56-5-2935, 56-5-4455, 56-5-6445, 56-5-6446, AND 58-17-3315 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT WHILE OPERATING UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE SHALL HAVE THE REMOVAL OF RESTRICTIONS POSTPONED FOR SIX MONTHS AND UNTIL HE IS FREE OF TRAFFIC ACCIDENTS, TO PROVIDE THAT ANY PERSON WHO IS CONVICTED OF OR PLEADS TO AN OFFENSE IN GENERAL SESSIONS COURT WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER HIS LICENSE TO THE CLERK OF COURT UPON THE VERDICT OR PLEA AND THE SUSPENSION OR REVOCATION PERIOD IMMEDIATELY BEGINS, TO PROVIDE FOR A TEMPORARY TWENTY-FOUR HOUR DRIVER'S CERTIFICATE UNDER CERTAIN CONDITIONS, TO PERMIT A PRELIMINARY SCREENING TEST TO DETERMINE WHETHER AN ARREST SHOULD BE MADE FOR VIOLATION OF SECTION 56-5-2930 (DUI), TO MAKE IT UNLAWFUL TO OPERATE A MOVING VEHICLE IN VIOLATION OF SECTION 56-5-4450 WITH ONLY PARKING LIGHTS, TO PROVIDE THAT ARTICLE 47 OF CHAPTER 5 OF TITLE 56 (CHILD PASSENGER RESTRAINT SYSTEM) APPLIES TO MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS, TO MAKE IT UNLAWFUL TO LEAVE A CHILD UNATTENDED WHILE SECURED IN A CHILD RESTRAINT SYSTEM, AND TO MAKE IT UNLAWFUL TO OPERATE A TRAIN AT AN EXCESSIVE SPEED; AND TO REPEAL SECTIONS 56-1-1050 THROUGH 56-1-1080 RELATING TO JUDICIAL PROCEEDINGS FOR A HABITUAL OFFENDER.
has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

No. 35

Received as information.

H. 4114--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4114 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO REVISE AND INCREASE THE PENALTIES FOR TRAFFICKING IN CERTAIN DRUGS AND TO CLARIFY THE SENTENCING PROVISIONS FOR CONSPIRACY TO COMMIT THESE OFFENSES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3372J), which was adopted.

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

/SECTION 1. Section 44-53-370(e) of the 1976 Code is amended to read:

"(e) Any person who knowingly sells, manufactures, delivers, or brings into this State, or who provides financial assistance or otherwise aids, abets, or conspires to sell, manufacture, deliver, or bring into this State, or who is knowingly in actual or constructive possession of:

(1) Ten ten pounds or more of marijuana is guilty of a felony which is known as "trafficking in marijuana" and upon conviction must be punished as follows if the quantity involved is:

(a) Ten ten pounds or more, but less than one hundred pounds, a term of imprisonment of not less than one year nor more than then years and a fine of ten thousand dollars.;

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years no part of which may be suspended nor probation granted, and a fine of ten thousand dollars.

2. for a second offense, a term of imprisonment of not less than five years nor more than twenty years, no part of which may be suspended nor probation granted, and a fine of fifteen thousand dollars.

3. for a third or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.

(b) One one hundred pounds or more, but less than two thousand pounds, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.

(c) Two two thousand pounds or more, but less than ten thousand pounds, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

(d) Ten ten thousand pounds or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(2) Ten ten grams or more of cocaine or any mixtures containing cocaine, as provided in Section 44-53-210(b)(4) is guilty of a felony which is known as 'trafficking in cocaine' and upon conviction must be punished as follows if the quantity involved is:

(a) Ten ten grams or more, but less than twenty-eight grams, a term of imprisonment of not less than three years nor more than ten years and a fine of ten thousand dollars.:

1. for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.

2. for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

(b) Twenty-eight twenty-eight grams or more, but less than one hundred grams, a term of imprisonment of not less than seven years nor more than twenty-five years and a fine of fifty thousand dollars.:

1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

2. for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

3. for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

(c) One one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

(d) Two two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars.

(e) Four four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(3) Four four grams or more of any morphine, opium, salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 44-53-190 or Section 44-53-210, or four grams or more of any mixture containing any of these substances is guilty of a felony which is known as 'trafficking in illegal drugs' and upon conviction must be punished as follows if the quantity involved is:

(a) Four four grams or more, but less than fourteen grams, a term of imprisonment of not less than seven years nor more than twenty-five years and a fine of fifty thousand dollars.:

1. for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars.

(b) Fourteen fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(c) Is twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(4) Fifteen fifteen grams or more of methaqualone is guilty of a felony which is known as 'trafficking in methaqualone' and upon conviction must be punished as follows if the quantity involved is:

(a) Fifteen fifteen grams but less than one hundred fifty grams, a term of imprisonment of not less than one year nor more than ten years and a fine of ten thousand dollars.:

1. for a first offense, a term of imprisonment of not less than one year nor more than ten years, no part of which may be susPended nor probation granted, and a fine of ten thousand dollars.

2. for a second or subsequent offense, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.

(b) One one hundred fifty grams but less than fifteen hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars.

(c) Fifteen fifteen hundred grams but less than fifteen kilograms, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars.

(d) Fifteen fifteen kilograms or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars. (5) Any person convicted and sentenced under this subsection Section 44-53-370(e) to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any person convicted of conspiracy pursuant to this subsection (e) Section 44-53-370(e) must be sentenced as provided herein with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance."

SECTION 2. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they are commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.

SECTION 3. This act takes effect July 1, 1988./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 4114--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4114 be read the third time tomorrow.

H. 3896--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3896 -- Reps. Wilkins, McElveen, H. Brown, Baxley, Haskins, Huff, Tucker, Hendricks, Rudnick, Short, Clyborne, Corning, McEachin, Gentry, Arthur and Hayes: A BILL TO AMEND SECTIONS 33-49-440, 33-49-610, AND 33-49-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RURAL ELECTRIC COOPERATIVES SO AS TO ELIMINATE THE RIGHT TO VOTE BY MAIL AT COOPERATIVE MEETINGS, TO PROVIDE FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO REQUIRE AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL OF THE MEMBERS OF THE COOPERATIVE INSTEAD OF THE MEMBERS VOTING AT THE MEETING IN ORDER TO DISSOLVE A COOPERATIVE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3093J), which was tabled.

Amend the bill, as and if amended, Section 33-49-610(B), as contained in SECTION 2, page 2, by adding at the end of the last paragraph of the subsection: /Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws./ When amended the last paragraph shall read:

/This subsection does not apply to a cooperative when a majority of its members are other cooperatives. Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws./

Amend further by striking Section 33-49-1030, as contained in SECTION 3, and inserting:

/Section 33-49-1030. The board of trustees shall first recommend first that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall must be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall must set forth such the proposition. At the meeting The the proposed voluntary dissolution shall be deemed to be is approved upon the affirmative vote of not less than at least two-thirds of these the members of the cooperative voting thereon at such meeting. Notwithstanding any other provision in this chapter, a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution./

Amend title to conform.

Rep. L. MARTIN explained the amendment and moved to table the amendment, which was agreed to.

Reps. L. MARTIN, J. ROGERS, HUFF, LEWIS, WILKINS and BEASLEY proposed the following Amendment No. 2 (Doc. No. 3516J), which was adopted.

Amend the bill, as and if amended, Section 33-49-610(B), as contained in SECTION 2, page 2, by adding at the end of the last paragraph of the subsection: /Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws./ When amended the last paragraph shall read:

/This subsection does not apply to a cooperative when a majority of its members are other cooperatives. Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws./

Amend further by striking Section 33-49-1030, as contained in SECTION 3, and inserting:

/"Section 33-49-1030. The majority of the members of the board of trustees shall first recommend first that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall must be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall must set forth such the proposition. At the meeting The the proposed voluntary dissolution shall be deemed to be is approved upon the affirmative vote of not less than at least two-thirds a majority of those the members of the cooperative voting thereon at such. Notwithstanding any other provision in this chapter, a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution."/

Amend title to conform.

Rep. HEARN proposed the following Amendment No. 3 (Doc. No. 3529J), which was tabled.

Amend the bill, as and if amended, in Section 33-49-440 of the 1976 Code, as contained in SECTION 1, by striking the last sentence of the section and inserting /In any event no A person shall may vote as proxy for any number of members more than three members at any meeting of the members/.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. BEASLEY moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 88; Nays 7

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Bradley, J.            Bradley, P.
Brown, H.              Brown, J.              Burch
Burriss, M.D.          Carnell                Chamblee
Cole                   Cooper                 Dangerfield
Davenport              Day                    Derrick
Faber                  Felder                 Foster
Gentry                 Harris, J.             Harvin
Hayes                  Helmly                 Hendricks
Hodges                 Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Koon                   Lanford                Lewis
Limehouse              Lockemy                Mappus
Martin, L.             Mattos                 McAbee
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Shelton                Short                  Simpson
Snow                   Stoddard               Tucker
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

Total--88

Those who voted in the negative are:

Fair                   Haskins                Hearn
Klapman                McCain                 Sheheen
Thrailkill

Total--7

So, the amendment was tabled.

Rep. HEARN proposed the following Amendment No. 1 (Doc. No. 3526J), which was tabled.

Amend the Report of the Committee of Labor, Commerce and Industry, as and if amended, page 3896-2, beginning on line 14, by striking: /at least two-thirds of those the members of the cooperative voting thereon at such meeting and inserting: /at least a majority two-thirds of those members voting thereon at such meeting/.

Amend title to conform.

Rep. HEARN explained the amendment.

Rep. HASKINS moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 8; Nays 85

Those who voted in the affirmative are:

Burriss, T.M.          Corning                Fair
Haskins                Hearn                  Kay
Klapman                Thrailkill

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Hayes                  Helmly
Hendricks              Hodges                 Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Keyserling             Kirsh
Koon                   Lanford                Lewis
Lockemy                Mappus                 Martin, L.
Mattos                 McAbee                 McCain
McEachin               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
McTeer                 Moss                   Nesbitt
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Stoddard               Tucker                 Wells
Whipper                White                  Wilder
Winstead

Total--85

So, the House refused to adjourn.

Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 77 to 5.

Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 5 (Doc. No. 3546J), which was tabled.

Amend the Report of the Committee of Labor, Commerce and Industry, as and if amended, page 3896-2, beginning on line 14, by striking: /at least two-thirds of those the members of the cooperative voting thereon at such meeting and inserting: /at least two-thirds of those members voting thereon at such meeting/.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

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

Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 6 (Doc. No. 3542J), which was tabled.

Amend the bill, as and if amended, in Section 33-49-440 of the 1976 Code, as contained in SECTION 1, by striking the last sentence of the section and inserting / In any event no No person shall may vote as proxy for more than one hundred members at any meeting of the members/.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. L. MARTIN moved to table the amendment, which was agreed to.

Rep. HEARN proposed the following Amendment No. 7 (Doc. No. 3528J), which was tabled.

Amend the bill, as and if amended, in Section 33-49-440 of the 1976 Code, as contained in SECTION 1, by striking / or by mail, or both on line 33, page 1, and inserting /or by mail, or both/; by striking /or by mail on line 34 of page 1, and inserting /or by mail/; and by striking /or mail on line 36 of page 1, and inserting /or mail/.

Amend title to conform.

Rep. HEARN explained the amendment.

Rep. L. MARTIN moved to table the amendment.

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

The amendment was then tabled by a division vote of 68 to 21.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 97; Nays 6

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Faber                  Fair
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Helmly                 Hendricks
Hodges                 Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Koon                   Lanford                Lewis
Limehouse              Lockemy                Mappus
Martin, L.             Mattos                 McAbee
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Townsend               Tucker
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead

Total--97

Those who voted in the negative are:

Aydlette               Burriss, T.M.          Corning
Hearn                  Klapman                McCain

Total--6

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

OBJECTION TO MOTION

Rep. LEWIS asked unanimous consent that H. 3896 be read a third time tomorrow.

Rep. KLAPMAN objected.

Rep. McEACHIN moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.

H. 4073--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: A BILL TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, REGIONAL COUNCILS OF GOVERNMENTS MAY MAKE A FINDING THAT THE WORK IS OF MULTIJURISDICTIONAL SIGNIFICANCE AND THE FINDING SHALL ALLOW HIGHWAY, BRIDGE, OR OTHER HIGHWAY FACILITY CONSTRUCTION IN A MUNICIPALITY IN AN URBANIZED AREA WITHOUT PLAN APPROVAL OF THE MUNICIPALITY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 6449k), which was adopted.

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

SECTION 1. Section 57-5-820 of the 1976 Code is amended to read:

"Section 57-5-820. As used in this section and Section 57-5-830:

'Structurally deficient' means not adequate to handle the vehicle weights authorized on roads leading to them.

'Functionally obsolete' means narrow clearances or sharp roadway approach angles that make passage difficult or hazardous, or with too few lanes for existing traffic needs.

All work to be performed by the Department department on state highways, bridges, or other highway facilities within a municipality must be with the consent and approval of the proper municipal authorities, except that if work performed or to be performed on a bridge and its approaches highways, bridges, or other highway facilities is disapproved by a municipality located in an established urbanized area as determined by the latest official United States census the disapproval may be appealed by the department to the designated metropolitan planning organization for the urbanized area in which the municipality is located and if the planning organization determines that the highway, bridge, or other facility is included in the urban area transportation plan and thus is of significance to more than one political subdivision, the department may construct the proposed highway, bridge, or other facility certified by the Department as functionally obsolete or structurally deficient, to remove, replace, or improve such bridge and its approaches shall not require prior consent and approval of a municipal authority if the bridge crosses the intracoastal waterway."

SECTION 2. Section 57-5-830 of the 1976 Code is amended to read:

"Section 57-5-830. In every case of a proposed permanent improvement, construction, reconstruction, or alteration by the Department department of any a highway, bridge, or other highway facility within a municipality, the municipality may review and approve the plans before the work is started; except that a municipality may not have the right to review and approve plans to remove, replace, or improve a bridge and its approaches within its limits where such bridge and its approaches have been certified by the Department to be functionally obsolete or structurally deficient and if the bridge crosses the intracoastal waterway, except the department may construct the highway, bridge, or other highway facility without a plan approval if the construction was disapproved by a municipality located in an established urbanized area as determined by the latest official United States census and the designated metropolitan planning organization for the urbanized area in which the municipality is located has made a finding that the project is included in the urban area transportation plan and thus is of significance to more than one political subdivision upon the appeal authorized by Section 57-5-820."

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

Amend title to conform

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. DANGERFIELD asked unanimous consent that H. 4073 be read a third time tomorrow.

Rep. RUDNICK objected.

Rep. WINSTEAD moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.

H. 3556--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3556 -- Rep. Ferguson: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS AND DESIGNATION OF PRODUCERS BY THE INSURANCE COMMISSION AND THE REINSURANCE FACILITY GOVERNING BOARD, SO AS TO ALLOW A PRODUCER TO TRANSFER OR SELL HIS DESIGNATION, AND TO ADD SECTION 38-77-595 SO AS TO PROVIDE THAT AT LEAST TEN PERCENT OF THE DESIGNATED PRODUCERS APPOINTED BY THE COMMISSION OR GOVERNING BOARD MUST BE BLACK AND AT LEAST TEN PERCENT MUST BE FEMALE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6358k), which was adopted.

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

SECTION 1. Section 38-77-590(f) of the 1976 Code is amended to read:

"(f) The designation of a producer by the Commissioner or the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency. A producer may at any time sell his designation to another person with the pre-approval of the the governing board."

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

Amend title to conform

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

Rep. T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 3537J), which was tabled.

Amend the report, as and if amended, Section 38-77-590(f), as contained in SECTION 1, page 3556-1, line 41, after /board/ by inserting:

/, however, the buyer of the designation shall meet the same qualifications required for the producer's designation/

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. J. BRADLEY spoke against the amendment.

Rep. T.M. BURRISS spoke in favor of the amendment.

Rep. J. BRADLEY spoke against the amendment and moved to table the amendment.

Rep. T.M. BURRISS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 63 to 3.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 81; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Blackwell              Bradley, J.
Bradley, P.            Brown, G.              Brown, J.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Faber                  Fair
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gregory
Harris, J.             Harvin                 Haskins
Hayes                  Hendricks              Hodges
Huff                   Humphries              Johnson, J.C.
Jones                  Kay                    Kirsh
Koon                   Lanford                Lewis
Limehouse              Lockemy                Mappus
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McGinnis
McLeod, E.B.           McTeer                 Moss
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Simpson                Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder

Total--81

Those who voted in the negative are:

Total--0

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4211 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. BRUCE MURRAY OF ST. GEORGE ON THEIR SEVENTIETH WEDDING ANNIVERSARY.

H. 4213 -- Rep. Tucker: A CONCURRENT RESOLUTION TO WELCOME PIEDMONT PRODUCTS CO., INC., AFFILIATED WITH DRAKE INJECTION MOULDING OF GREENVILLE, MICHIGAN, TO SOUTH CAROLINA AS THEY ANNOUNCE THE OPENING OF THEIR NEW FACILITY IN ANDERSON.

ADJOURNMENT

At 5:30 P.M. the House in accordance with the motion of Rep. CHAMBLEE adjourned to meet at 10:00 A.M. tomorrow.

* * *


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