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

THURSDAY, MAY 16, 1996

Thursday, May 16, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O Lord our God, shed the light of Your wisdom upon these in their places of responsibility and decision. As we meet problems, may we be guided in solution not by whether it is popular, but by whether it is right. Where we are wrong, may we be willing to change; when we are right, make us easy to get along with. Strip from our hearts any bitterness that may lie there, and any resentment that corrodes and curdles our peace. Remove our stubborn pride that keeps us from acknowledging our faults and makes us unwilling to open our minds to others.

Hear us in this our prayer, O Lord, and answer us in keeping with Your knowledge of our needs. Amen.

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

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

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Robert Hawkins of York, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Courson of the Committee of Conference on the part of the Senate on H. 3961:
H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Moore and Courson of the Committee of Conference on the part of the Senate on H. 3962:
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, Matthews and Hayes of the Committee of Conference on the part of the Senate on S. 949:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
President

Received as information.

H. 3228--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 15, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists on its amendments and has appointed Senators Bryan, Washington and Mescher of the Committee of Conference on the part of the Senate on H. 3228:
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Very respectfully,
President

Whereupon, the Chair appointed Reps. JASKWHICH, NEILSON and COTTY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

The following was introduced:

H. 5031 -- Reps. Stuart, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, Brown, G., Brown, H., Brown, J., Brown, T., Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, Harris, J., Harris, P., Harrison, Harvin, Haskins, Herdklotz, Hines, J., Hines, M., Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, Smith, D., Smith, R., Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, Whipper, L., Whipper, S., White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, Young and Young-Brickell: A HOUSE RESOLUTION COMMENDING THE SOUTH CAROLINA RESERVISTS WHO HAVE BEEN ACTIVATED FOR MILITARY SERVICE IN BOSNIA AND WISHING THEM GODSPEED IN THE PERFORMANCE OF THEIR DUTY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5032 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF MRS. MARY LUCILLE BALDWIN MARTIN OF ANDERSON, SOUTH CAROLINA WHO DIED SUNDAY, MAY 5, 1996.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1418 -- Senator Peeler: A CONCURRENT RESOLUTION HONORING THE MEMORY OF FRANKLIN DOUGLAS PITTMAN OF GAFFNEY WHO DIED SUNDAY, MAY 21, 1995, WHILE ATTEMPTING TO SAVE THE LIFE OF A TWELVE-YEAR OLD BOY WHO DROWNED.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5033 -- Rep. Wilder: A CONCURRENT RESOLUTION COMMENDING MR. HAROLD WILLIAMS FOR THIRTY-SIX YEARS OF SERVICE TO LAURENS COUNTY SCHOOL DISTRICT 56 WHICH INCLUDES TWENTY-FOUR YEARS ON THE CLINTON HIGH SCHOOL COACHING STAFF.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5034 -- Rep. Fulmer: A CONCURRENT RESOLUTION CONGRATULATING LARRY D. SHIRLEY OF CHARLESTON ON RECEIVING THE CARROLL H. JONES AWARD FROM THE SOUTH CAROLINA STATE ASSOCIATION OF LIFE UNDERWRITERS, INC., IN RECOGNITION OF MR. SHIRLEY'S HIGH STANDARDS AND ACCOMPLISHMENTS AS A LIFE UNDERWRITER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5035 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ELIZABETH WOOLBRIGHT OF OCONEE COUNTY AND EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HER FOR MAKING HER HOME AVAILABLE AS THE POLLING PLACE FOR PROVIDENCE PRECINCT SINCE 1927.

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

ROLL CALL

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

Allison                Anderson               Askins
Baxley                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Easterday
Felder                 Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harris, P.             Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Martin                 Mason
McCraw                 McMahand               McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rice
Richardson             Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, R.              Spearman               Stille
Stuart                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Wofford
Worley                 Wright                 Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 16.

Jennings G. McAbee                Eugene C. Stoddard
Bradley D. Cain                   June S. Shissias
George H. Bailey                  G. Ralph Davenport, Jr.
Timothy F. Rogers                 F.G. Delleney, Jr.
Doug Smith                        Curtis B. Inabinett
Walter P. Lloyd                   Alma W. Byrd
Ronald N. Fleming                 William D. Boan
Joseph T. McElveen, Jr.           Joseph H. Neal
C. Alex Harvin III                Jerry N. Govan, Jr.
Woodrow M. McKay
Total Present--116

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Reps. HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 15.

DOCTOR OF THE DAY

Announcement was made that Dr. Hunter Woodall of Anderson is the Doctor of the Day for the General Assembly.

S. 1375--DEBATE ADJOURNED

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

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

Rep. FELDER moved to adjourn debate upon the Bill, which was adopted.

S. 1362--DEBATE ADJOURNED

Rep. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

ORDERED TO THIRD READING

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

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

H. 5029 -- Reps. Boan and Hodges: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

H. 5014 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DISTRICT ORGANIZATIONAL PLANS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1932, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5016 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL DAY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1935, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SENT TO THE SENATE

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

H. 5015 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL YEAR (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5017 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY CLOSINGS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1936, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5018 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5019 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NONPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5020 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1954, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5022 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ENTRANCE AGE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5023 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL CENSUS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5024 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 67--AMENDED AND CONTINUED

The following Bill was taken up.

S. 67 -- Senators McConnell, Rose, Reese and Courson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 57 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE MARINE CORPS LEAGUE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3760CM.96), which was adopted.

Amend the bill, as and if amended, by striking Section 56-3-2020, SECTION 1, page 1 and inserting:

/Section 56-3-6920.     The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee contained in Section 56-3-2020. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly./

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. COOPER proposed the following Amendment No. 3 (Doc Name P:\amend\DKA\3780CM.96), which was adopted.

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

/SECTION     1.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2155. The department may issue special motor vehicle license plates to members of the Charleston County and Georgetown County Pilotage Commissions for private motor vehicles registered in their names. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020. Only one plate may be issued to a member of the commission. The plate must be issued or revalidated biennially for the regular license period."

SECTION     2.     The 1976 Code is amended by adding:

"Section 56-3-2340.     (A)     Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. Antique dealer plates may not be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.

(B)     For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

(C)     The cost of each plate is twenty dollars.

(D)     For purposes of this section, 'antique motor vehicle' means a motor vehicle which is over thirty years old."

SECTION     3.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 32
Special License Plates;
Regional Tourism Commissioners

Section 56-3-3210.     The department may issue special motor vehicle license plates to members of regional tourism commissions for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-3220.     The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the letters and numbers the department prescribes. The plate must be issued or revalidated biennially for the regular license period."

SECTION     4.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 57
Special License Plates;
Marine Corps League

Section 56-3-6920.     The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-6930.     The special license plate must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the Marine Corps League seal, the words 'Once a Marine, Always a Marine', and numbers the department may determine necessary."

SECTION     5.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 58
Special License Plates;
County Veterans Affairs Officers

Section 56-3-7000.     The department may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7010.     The special plates must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'County Veterans Affairs Officer' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION     6.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 60
Shriners License Plates

Section 56-3-7100.     The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."

SECTION     7.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 62
United States Coast Guard
Auxiliary License Plate

Section 56-3-7200.     The department may issue a special motor vehicle license plate to a member of the United States Coast Guard Auxiliary for a private motor vehicle registered in the member's name. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-7210.     The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'United States Coast Guard Auxiliary' together with numbers the department may determine necessary."

SECTION     8.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 64
Special Purpose District
Commissioner License Plate

Section 56-3-7300.     The department may issue a special motor vehicle license plate to a Special Purpose District Commissioner for a private motor vehicle registered in the commissioner's name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7310.     The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'Special Purpose District Commissioner' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION     9.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 68
Special License Plates;
Vietnam Veterans

Section 56-3-7500.     The department may issue special motor vehicle license plates to Vietnam Veterans for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of fifteen dollars must be charged for issuance of the special license plate.

Section 56-3-7510.     The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the words 'Vietnam Veteran'. The plate must be issued or revalidated biennially for the regular license period. To verify military service during the Vietnam Conflict, a license plate applicant must submit a copy of his DD-214 form with his license plate application."

SECTION     10.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 70
Square Dance Commemorative
License Plates

Section 56-3-7610.     The department may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates."

SECTION     11.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 71
Special License Plates;
Forest Products Haulers

Section 56-3-7650.     The department shall issue a special motor vehicle license plate to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars."

SECTION     12.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 73
Special License Plates for
Organ Transplant Recipients

Section 56-3-7750.     The department may issue special motor vehicle license plates to organ transplant recipients for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of two dollars must be charged for issuance of the special license plate.

Section 56-3-7760.     The special license plate must be the same size as regular motor vehicle license plates, but must be of a distinctive design and bear the words 'Organ Transplant Recipient'. The plate must be issued or revalidated biennially for the regular license period. An organ transplant recipient must submit a doctor's statement verifying his condition with his license plate application."

SECTION     13.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 75
Girl Scout License Plates

Section 56-3-7850.     The department may issue special Girl Scout motor vehicle license plates which have imprinted on the plates an emblem, seal, or other symbol approved by the Girl Scouts of the United States of America and the department. The fee for this special license plate is thirty dollars every two years. The special license plate must be the same size and general design of regular motor vehicles license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."

SECTION     14.     Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:

"Section 56-5-1520.     (a)     General rule. No(A)     A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b)     Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1)     thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2)     sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3)     fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.

(C)     Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D)     The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)     When lower speeds required; penalties; citation for violating speed limits.

(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d)     Any(F)     A person violating the speed limits 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 fifteen dollars nor more than twenty-five dollars;

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

(3)     in excess of fifteen miles an hour but less than twenty-five miles an hour 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 seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

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

(f)(H)     In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."

SECTION     15.     Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:

"Section 56-5-1535.     (A)     It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B)     A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C)     The penalty imposed by this section applies only:

(1)     if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.

(D)     The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."

SECTION     16.     Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2)     increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"

SECTION     17.     The 1976 Code is amended by adding:

"Section 56-5-616.     The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

SECTION     18.     The 1976 Code is amended by adding:

"Section 56-5-617.     The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."

SECTION     19.     The 1976 Code is amended by adding:

"Section 57-3-175.     Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."

SECTION     20.     Section 56-5-1510 of the 1976 Code is repealed.

SECTION     21.     Section 56-3-1240 of the 1976 Code, as last amended by Act 46 of 1991, is further amended to read:

"Section 56-3-1240.     (A)     License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view., except that However, on truck tractors and road tractors, the plates must be attached to the outside front of the vehicle. Every A license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, around, or upon the plate other than that which is authorized and issued by the department for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520.

(B)     A person may not attach a non-current license plate issued by this State or another state to the outside front of a vehicle, unless the vehicle is classified by the department as an antique pursuant to Section 56-3-2210.

(C)     A person who violates a provision of this section, upon convictions must be punished pursuant to Section 56-3-2520."

SECTION     22.     Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-1820.     The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National Guard' and the figure of the 'Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."

SECTION     23.     Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150.     The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."

SECTION     24.     Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170.     The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."

SECTION     25.     Section 56-3-3310 of the 1976 Code, as last amended by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act 181 of 1993, is further amended to read:

"Section 56-3-3310.     The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 No fee must be charged for the issuance or renewal of this special license plate which must be a permanent plate unless otherwise provided by the General Assembly, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."

SECTION     26.     Section 56-3-3320 of the 1976 Code, as last amended by Section 22KK, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-3320.     The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the department. The license plate must be issued for a biennial period which expires twenty-four months from the month in which the special license plate is issued."

SECTION     27.     Section 56-3-4310 of the 1976 Code, as last amended by Section 1394, Act 181 of 1993, is further amended to read:

"Section 56-3-4310.     (A)     The department shall issue a special motor vehicle license plate to any retired member of the United States Armed Forces or the member's spouse who is a resident of this State in accordance with the provisions of this section.

(B)     The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any a person for each vehicle owned by that person or that person's spouse, up to a maximum of two vehicles. The revenue from the issuance of plates under this article must be deposited in the manner provided under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department.

(C)     Any A person or the person's spouse is authorized to use the special license plates provided by this section if he the person or the person's spouse provides evidence that he the person or the person's spouse is a retired member of the United States Armed Forces."

SECTION     28.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. COOPER explained the amendment.

Rep. KEEGAN spoke against the amendment.

Rep. WALKER moved to adjourn debate upon the Bill until Thursday, May 23.

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

Rep. KEEGAN moved to table the amendment, which was not agreed to by a division vote of 22 to 39.

The amendment was then adopted.

Rep. KIRSH moved to continue the Bill, which was agreed to.

S. 378--AMENDED AND OBJECTIONS

The following Bill was taken up.

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3761CM.96), which was adopted.

Amend the bill, as and if amended, by striking Section 56-3-7100, SECTION 1, and inserting:

/Section 56-3-7100.     The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The biennial fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee contained in Section 56-3-2020. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner./

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. COOPER proposed the following Amendment No. 3 (Doc Name P:\amend\DKA\3779CM.96), which was adopted.

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

/SECTION     1.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-2155. The department may issue special motor vehicle license plates to members of the Charleston County and Georgetown County Pilotage Commissions for private motor vehicles registered in their names. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020. Only one plate may be issued to a member of the commission. The plate must be issued or revalidated biennially for the regular license period."

SECTION     2.     The 1976 Code is amended by adding:

"Section 56-3-2340.     (A)     Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. Antique dealer plates may not be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.

(B)     For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

(C)     The cost of each plate is twenty dollars.

(D)     For purposes of this section, 'antique motor vehicle' means a motor vehicle which is over thirty years old."

SECTION     3.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 32
Special License Plates;
Regional Tourism Commissioners

Section 56-3-3210.     The department may issue special motor vehicle license plates to members of regional tourism commissions for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-3220.     The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the letters and numbers the department prescribes. The plate must be issued or revalidated biennially for the regular license period."

SECTION     4.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 57
Special License Plates;
Marine Corps League

Section 56-3-6920.     The department may issue special motor vehicle license plates to members of the Marine Corps League for private motor vehicles registered in their names. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-6930.     The special license plate must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the Marine Corps League seal, the words 'Once a Marine, Always a Marine', and numbers the department may determine necessary."

SECTION     5.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 58
Special License Plates;
County Veterans Affairs Officers

Section 56-3-7000.     The department may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7010.     The special plates must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'County Veterans Affairs Officer' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION     6.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 60
Shriners License Plates

Section 56-3-7100.     The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly. Only one plate may be issued to a Shriner."

SECTION     7.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 62
United States Coast Guard
Auxiliary License Plate

Section 56-3-7200.     The department may issue a special motor vehicle license plate to a member of the United States Coast Guard Auxiliary for a private motor vehicle registered in the member's name. Only one plate may be issued to a person. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly.

Section 56-3-7210.     The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'United States Coast Guard Auxiliary' together with numbers the department may determine necessary."

SECTION     8.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 64
Special Purpose District
Commissioner License Plate

Section 56-3-7300.     The department may issue a special motor vehicle license plate to a Special Purpose District Commissioner for a private motor vehicle registered in the commissioner's name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.

Section 56-3-7310.     The special license plate must be of the same size and general design as a regular motor vehicle license plate. The department shall imprint the special license plate with the words 'Special Purpose District Commissioner' together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period."

SECTION     9.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 68
Special License Plates;
Vietnam Veterans

Section 56-3-7500.     The department may issue special motor vehicle license plates to Vietnam Veterans for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of fifteen dollars must be charged for issuance of the special license plate.

Section 56-3-7510.     The special license plate must be the same size as regular motor vehicle license plates but must be of a distinctive design and bear the words 'Vietnam Veteran'. The plate must be issued or revalidated biennially for the regular license period. To verify military service during the Vietnam Conflict, a license plate applicant must submit a copy of his DD-214 form with his license plate application."

SECTION     10.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 70
Square Dance Commemorative
License Plates

Section 56-3-7610.     The department may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates."

SECTION     11.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 71
Special License Plates;
Forest Products Haulers

Section 56-3-7650.     The department shall issue a special motor vehicle license plate to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars."

SECTION     12.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 73
Special License Plates for
Organ Transplant Recipients

Section 56-3-7750.     The department may issue special motor vehicle license plates to organ transplant recipients for private motor vehicles registered in their names. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020, plus an initial fee of two dollars must be charged for issuance of the special license plate.

Section 56-3-7760.     The special license plate must be the same size as regular motor vehicle license plates, but must be of a distinctive design and bear the words 'Organ Transplant Recipient'. The plate must be issued or revalidated biennially for the regular license period. An organ transplant recipient must submit a doctor's statement verifying his condition with his license plate application."

SECTION     13.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 75
Girl Scout License Plates

Section 56-3-7850.     The department may issue special Girl Scout motor vehicle license plates which have imprinted on the plates an emblem, seal, or other symbol approved by the Girl Scouts of the United States of America and the department. The fee for this special license plate is thirty dollars every two years. The special license plate must be the same size and general design of regular motor vehicles license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."

SECTION     14.     Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:

"Section 56-5-1520.     (a)     General rule. No(A)     A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b)     Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1)     thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2)     sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3)     fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.

(C)     Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D)     The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)     When lower speeds required; penalties; citation for violating speed limits.

(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d)     Any(F)     A person violating the speed limits 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 fifteen dollars nor more than twenty-five dollars;

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

(3)     in excess of fifteen miles an hour but less than twenty-five miles an hour 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 seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

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

(f)(H)     In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."

SECTION     15.     Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:

"Section 56-5-1535.     (A)     It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B)     A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C)     The penalty imposed by this section applies only:

(1)     if a sign is posted at the beginning of the active work zone that states "HIGHWAY 'WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.

(D)     The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."

SECTION     16.     Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2)     increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"

SECTION     17.     The 1976 Code is amended by adding:

"Section 56-5-616.     The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

SECTION     18.     The 1976 Code is amended by adding:

"Section 56-5-617.     The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."

SECTION     19.     The 1976 Code is amended by adding:

"Section 57-3-175.     Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."

SECTION     20.     Section 56-5-1510 of the 1976 Code is repealed.

SECTION     21.     Section 56-3-1240 of the 1976 Code, as last amended by Act 46 of 1991, is further amended to read:

"Section 56-3-1240.     (A)     License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view., except that However, on truck tractors and road tractors, the plates must be attached to the outside front of the vehicle. Every A license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, around, or upon the plate other than that which is authorized and issued by the department for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520.

(B)     A person may not attach a non-current license plate issued by this State or another state to the outside front of a vehicle, unless the vehicle is classified by the department as an antique pursuant to Section 56-3-2210.

(C)     A person who violates a provision of this section, upon convictions must be punished pursuant to Section 56-3-2520."

SECTION     22.     Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-1820.     The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted 'National Guard' and the figure of the 'Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."

SECTION     23.     Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150.     The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."

SECTION     24.     Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170.     The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."

SECTION     25.     Section 56-3-3310 of the 1976 Code, as last amended by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act 181 of 1993, is further amended to read:

"Section 56-3-3310.     The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 No fee must be charged for the issuance or renewal of this special license plate which must be a permanent plate unless otherwise provided by the General Assembly, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."

SECTION     26.     Section 56-3-3320 of the 1976 Code, as last amended by Section 22KK, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-3320.     The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the department. The license plate must be issued for a biennial period which expires twenty-four months from the month in which the special license plate is issued."

SECTION     27.     Section 56-3-4310 of the 1976 Code, as last amended by Section 1394, Act 181 of 1993, is further amended to read:

"Section 56-3-4310.     (A)     The department shall issue a special motor vehicle license plate to any retired member of the United States Armed Forces or the member's spouse who is a resident of this State in accordance with the provisions of this section.

(B)     The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any a person for each vehicle owned by that person or that person's spouse, up to a maximum of two vehicles. The revenue from the issuance of plates under this article must be deposited in the manner provided under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department.

(C)     Any A person or the person's spouse is authorized to use the special license plates provided by this section if he the person or the person's spouse provides evidence that he the person or the person's spouse is a retired member of the United States Armed Forces."

SECTION     28.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. COOPER explained the amendment.

Rep. SHEHEEN moved to table the amendment.

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

Yeas 48; Nays 51

Those who voted in the affirmative are:

Allison                Anderson               Baxley
Boan                   Breeland               Brown, J.
Brown, T.              Byrd                   Cain
Canty                  Carnell                Cave
Chamblee               Cotty                  Dantzler
Davenport              Harris, J.             Hines, J.
Hines, M.              Hodges                 Howard
Jennings               Keegan                 Keyserling
Lee                    Littlejohn             Mason
McCraw                 McElveen               McMahand
McTeer                 Phillips               Quinn
Richardson             Rogers                 Sandifer
Scott                  Sheheen                Shissias
Vaughn                 Walker                 Wells
Whipper, L.            Whipper, S.            White
Wilkes                 Williams               Wright

Total--48

Those who voted in the negative are:

Askins                 Bailey                 Brown, G.
Brown, H.              Cato                   Clyburn
Cooper                 Delleney               Easterday
Fleming                Gamble                 Hallman
Harrell                Harris, P.             Haskins
Herdklotz              Hutson                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Loftis
Marchbanks             Meacham                Neilson
Rice                   Riser                  Robinson
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Townsend               Tripp
Trotter                Tucker                 Waldrop
Whatley                Wilder                 Wilkins
Wofford                Young                  Young-Brickell

Total--51

So, the House refused to table the amendment.

Rep. COOPER spoke in favor of the amendment.

POINT OF ORDER

Rep. WALKER raised the Point of Order that Amendment No. 3 was out of order as it was not germane.

The SPEAKER stated that even though the amendment was 39 pages long, the majority of the amendment was germane and the substantial effect of the amendment was germane to the Bill and he overruled the Point of Order.

Rep. SHEHEEN spoke against the amendment.

Rep. KIRSH moved to continue the Bill.

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

Yeas 18; Nays 79

Those who voted in the affirmative are:

Allison                Breeland               Clyburn
Dantzler               Davenport              Fulmer
Hallman                Hines, M.              Kirsh
Lee                    Littlejohn             McMahand
Moody-Lawrence         Robinson               Sandifer
Scott                  Wells                  Whipper, S.

Total--18

Those who voted in the negative are:

Askins                 Bailey                 Baxley
Brown, G.              Brown, H.              Brown, J.
Byrd                   Cain                   Carnell
Cato                   Cave                   Chamblee
Cooper                 Cotty                  Cromer
Delleney               Easterday              Felder
Gamble                 Harrell                Harris, J.
Haskins                Herdklotz              Hines, J.
Hodges                 Hutson                 Inabinett
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McCraw
McElveen               Meacham                Neilson
Phillips               Quinn                  Rice
Richardson             Riser                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Walker
Whatley                White                  Wilder
Wilkes                 Wilkins                Williams
Wofford                Wright                 Young
Young-Brickell

Total--79

So, the House refused to continue the Bill.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. G. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\6057HTC.96).

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The retired chairman of the Auctioneers Commission is authorized a special license plate upon payment of both the regular annual fee for motor vehicle registration plus the personalized licensed plate fee provided by Section 56-3-2020 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Reps. QUINN, KIRSH, SEITHEL, MARCHBANKS, S. WHIPPER, ROBINSON, HALLMAN, SANDIFER, WALKER, KNOTTS and TUCKER objected to the Bill.

S. 35--POINT OF ORDER

The following Bill was taken up.

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 72--POINT OF ORDER

The following Bill was taken up.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 73--POINT OF ORDER

The following Joint Resolution was taken up.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.

POINT OF ORDER

Rep. SIMRILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 556--POINT OF ORDER

The following Joint Resolution was taken up.

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

POINT OF ORDER

Rep. J. YOUNG made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 583--POINT OF ORDER

The following Bill was taken up.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

S. 776--POINT OF ORDER

The following Bill was taken up.

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

POINT OF ORDER

Rep. SEITHEL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. PHILLIPS asked unanimous consent to recall H. 4381 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. MARTIN asked unanimous consent to recall S. 862 from the Committee on Judiciary.

Rep. YOUNG-BRICKELL objected.

OBJECTION TO RECALL

Rep. WRIGHT asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. LITTLEJOHN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. MEACHAM asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.

Rep. KIRSH objected.

OBJECTION TO RECALL

Rep. RISER asked unanimous consent to recall S. 1263 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. SEITHEL asked unanimous consent to recall H. 4076 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall S. 1219 from the Committee on Education and Public Works.

Rep. KNOTTS objected.

S. 1260--RECALLED FROM THE COMMITTEE ON
AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS

On motion of Rep. RISER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall H. 4658 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

SPEAKER IN CHAIR
H. 3170--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Tuesday, May 21, which was adopted.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

H. 3915--DEBATE ADJOURNED

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

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. SCOTT moved to adjourn debate upon the Senate amendments until Tuesday, May 21.

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

Yeas 42; Nays 58

Those who voted in the affirmative are:

Anderson               Baxley                 Breeland
Brown, T.              Byrd                   Cave
Clyburn                Cotty                  Cromer
Davenport              Hallman                Harris, J.
Herdklotz              Hines, J.              Howard
Hutson                 Inabinett              Keyserling
Kirsh                  Lanford                Limehouse
Lloyd                  Loftis                 McCraw
McTeer                 Meacham                Moody-Lawrence
Phillips               Quinn                  Riser
Robinson               Rogers                 Sandifer
Seithel                Sheheen                Shissias
Simrill                Tripp                  Whatley
Whipper, L.            Whipper, S.            White

Total--42

Those who voted in the negative are:

Allison                Askins                 Bailey
Boan                   Brown, G.              Brown, H.
Brown, J.              Cain                   Carnell
Cato                   Chamblee               Cobb-Hunter
Cooper                 Dantzler               Delleney
Easterday              Felder                 Fulmer
Gamble                 Harrell                Harris, P.
Hines, M.              Hodges                 Jennings
Keegan                 Kelley                 Kinon
Knotts                 Law                    Lee
Limbaugh               Littlejohn             Marchbanks
Mason                  McElveen               Neilson
Rice                   Richardson             Scott
Sharpe                 Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Wilkes                 Wilkins
Williams               Wofford                Young
Young-Brickell

Total--58

So, the House refused to table the motion.

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

S. 944--DEBATE ADJOURNED

Rep. T. BROWN moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 21, which was adopted.

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

MOTION PERIOD

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

S. 119--POINT OF ORDER

The following Bill was taken up.

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9380AC.96).

Amend the bill, as and if amended, SECTION 8, Section 44-53-140(A), page 9, line 14, by striking /from/ and inserting /by/ so that when amended the subsection reads:

/(A)     Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from by such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort./

Amend further, SECTION 11, page 10, line 18, by striking /Section 8/ and inserting /Section 7/ so that when amended, the SECTION reads:

/SECTION     11.     The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 7 of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. S. WHIPPER explained the amendment.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 378--ORDERED TO THIRD READING

The following Bill was taken up.

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

Rep. G. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\6057HTC.96), which was rejected.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The retired chairman of the Auctioneers Commission is authorized a special license plate upon payment of both the regular annual fee for motor vehicle registration plus the personalized licensed plate fee provided by Section 56-3-2020 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then rejected.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:

Yeas 87; Nays 13

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Felder
Fleming                Gamble                 Govan
Harrell                Harris, J.             Harris, P.
Harvin                 Haskins                Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kinon
Knotts                 Lanford                Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 McCraw
McElveen               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rice                   Richardson
Riser                  Sandifer               Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Tucker
Vaughn                 Waldrop                Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkins                Williams
Wofford                Wright                 Young-Brickell

Total--87

Those who voted in the negative are:

Allison                Davenport              Hallman
Herdklotz              Keyserling             Kirsh
Lee                    Mason                  Robinson
Sheheen                Walker                 Wells
Wilkes

Total--13

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

RECURRENCE TO THE MORNING HOUR

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

SPEAKER PRO TEMPORE IN CHAIR
CONCURRENT RESOLUTION

The following was introduced:

H. 5036 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO HONOR THE HONORABLE CEBRON DANIEL "C.D." CHAMBLEE OF ANDERSON FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE ANNOUNCEMENT OF HIS RETIREMENT.

Whereas, The Honorable Cebron Daniel "C.D" Chamblee recently announced that he would not seek reelection to the South Carolina House of Representatives; and

Whereas, Representative Chamblee's retirement will mark the end of sixteen years of dedicated service to the citizens of Anderson County and the State of South Carolina; and

Whereas, C.D. was born on November 9, 1928, in Anderson, South Carolina, to Ernest C. and Mamie (Rogers) Chamblee; and

Whereas, he graduated from Anderson Boys' High in 1945 and attended Clemson University; and

Whereas, Representative Chamblee is married to the former Marian Sue Bratcher, and the couple has four children, Cary D., Tim, Mark, and Mrs. M.D. (Jenny) Renedo; and

Whereas, our good friend was first elected to the House of Representatives in 1977 and continued to serve through 1982; and

Whereas, he returned in 1985 to the House of Representatives and has conscientiously represented the citizens of Anderson County until the end of his term in 1996; and

Whereas, Representative Chamblee has served on the Invitations and Memorial Resolutions Committee as Vice Chairman; Medical, Military, Public and Municipal Affairs as First Vice Chairman; and currently serves on House Ways and Means Committee; and

Whereas, he was named Young Farmer of the Year for District 1, 1962; Jaycees South Carolina Outstanding Young Farmer, first runnerup, 1962; and FFA State Farmer, 1968; and

Whereas, Representative Chamblee is a Mason of the Divver Lodge and Shriner; and served as Treasurer, Anderson Water Commission, 1969-76; Director, Farm Bureau; member, Board of Visitors, Clemson University, 1979; Anderson Vocational Rehabilitation Center, 1982-84; and member, Board of the Medical University of South Carolina, 1987-88; and

Whereas, he is currently a member and Deacon of Providence Baptist Church; and

Whereas, the members of the General Assembly have appreciated his friendship and will always consider him a good friend; and

Whereas, the example of public service set by this truly outstanding man is a credit not only to himself and his family but to his city, county, and State as well. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, are proud to honor The Honorable Cebron Daniel "C.D." Chamblee of Anderson for his truly outstanding service in the South Carolina House of Representatives on the announcement of his retirement.

Be it further resolved that a copy of this resolution be presented to The Honorable Cebron Daniel "C.D." Chamblee.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5037 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN W. TUCKER, JR., OF ANDERSON COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND TO EXPRESS OUR DEEP DISAPPOINTMENT UPON LEARNING OF HIS DECISION NOT TO OFFER FOR REELECTION AFTER RELENTLESSLY SERVING HIS DISTRICT AND THE CITIZENS OF SOUTH CAROLINA FOR TWELVE YEARS AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

Whereas, the Honorable John W. Tucker, Jr. of Anderson County has represented the citizens of House District Number 6 in the General Assembly for twelve years; and

Whereas, John has been recognized for his distinguished service through numerous awards; he was named Legislator of the Year for Appalachian Health District I for 1993 and 1994 and he received the MADD (Mothers Against Drunk Driving) Certificate of Merit for the 1987-1988 session; and

Whereas, John has distinguished himself in the legislature by holding numerous leadership positions; he currently serves as the Chairman of the Judiciary Committee for the House of Representatives and he has also served as Chairman of the Adult Crime and Crime Study Committees of the House of Representatives; he served as First Vice Chairman for the Judiciary Committee prior to becoming its chairman; he has also presided over the House in the Speaker's capacity on five separate occasions and has chaired the assembly in a meeting of the committee of the whole; and

Whereas, in addition to the Judiciary Committee, John has unselfishly contributed his judicial knowledge to the Healthcare, Planning and Oversight Committee, Rules Committee and Prosecution Coordination Commission; and

Whereas, John has always contributed his time and talents to the needs of his constituents by staying involved in numerous activities in and around his Anderson district; he has been a member of the Anderson Rotary Club from 1981 to 1982 and the Advisory Board of the Anderson Vocational Rehabilitation Board from 1988 to 1993; he is a member of the Fraternal Order of Police Lodge Number 10 and First Presbyterian Church of Anderson; he also serves on the Advisory Board for the Anderson County Fair, the Board of Trustees for the Anderson Area Medical Center, the Commission of the Anderson Unit of the American Cancer Society and was Chairman of the Anderson Area Transportation Study Committee; and

Whereas, while serving the General Assembly, John has been widely known for his knowledge and understanding of complex issues, his tenacity, his diligence, his concern for others, and his overriding desire to make South Carolina a better place in which to live; and

Whereas, John's constituents have always expressed their appreciation for his prompt response to their concerns through correspondence, newspaper editorials and appearances; and

Whereas, we have long admired John for his commitment to excellence, his hard work, and his leadership qualities, and we have deeply appreciated his friendship, loyalty and humor throughout his years of legislative service; and

Whereas, we are disappointed that he has chosen not to seek re-election to the House of Representatives in 1996; and

Whereas, we want John to know how truly valuable he has been to the State of South Carolina and that his presence among us will be grealy missed.

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable John W. Tucker, Jr., of Anderson County, our distinguished colleague and friend for his twelve years of outstanding legislative service to the people of South Carolina.

Be it further resolved that a copy of this resolution be presented to Representative John Tucker.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5038 -- Reps. Cooper, Townsend, Stille, Carnell, McAbee, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stoddard, Stuart, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF THE HONORABLE PATRICK BRADLEY HARRIS OF ANDERSON COUNTY NOT TO OFFER FOR REELECTION AFTER TWENTY-EIGHT YEARS OF CONTINUOUS SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.

Whereas, The Honorable Patrick Bradley Harris, affectionately known as "Mr. Pat", has been an esteemed member of the General Assembly and has served continuously in the House of Representatives for twenty-eight years; and

Whereas, "Mr. Pat" was born in Mt. Carmel, South Carolina, on April 19, 1911, the son of the late Calhoun and Frances (Morrah) Harris; and
Whereas, he graduated from Anderson County schools; attended Presbyterian College; was the Owner and President of Harris Beltane Gas Company from 1948 through 1963; and is an active realtor in Anderson; and

Whereas, "Mr. Pat" resides in Anderson with his wife, Elizabeth Orr of Edgemoore; having one son, Patrick B., Jr.; and

Whereas, in 1964 Representative Harris first began his life in politics on his election to the Anderson City Council; and

Whereas, he served as a member of the Health Care Planning and Oversight Committee; Chairman: Mental Health and Mental Retardation Committee, Joint Appropriations Review Committee, House Legislative Ethics Committee, Joint Committee on Aging, and the South Carolina Appalachian Council of Governments; and

Whereas, Representative Harris served as Second Vice Chairman and has been an active and influential member of the powerful House Ways and Means Committee where he has been an outstanding spokesman for the elderly, the mentally handicapped, and the children of this State; and

Whereas, he has served as a member of the Executive Committee of the Anderson County Democratic Party, the Advisory Board of the First Citizens Bank, and the South Carolina Liquefied Petroleum Gas Board; and

Whereas, "Mr. Pat" is the recipient of Honorary Doctorate Degrees from Erskine College, 1986, the Medical University of South Carolina, 1989, and Presbyterian College, 1991; the Order of the Palmetto presented by Governor Carroll Campbell, 1991; Honorary membership of Chapter 34 of the Special Forces Association (Green Beret), 1985; and Paul Harris Fellow by the Rotary Foundation of Rotary, Inc.; and

Whereas, he somehow has found time to be an active member of Young Memorial A.R.P Church which he has served in many capacities including Ruling Elder; and

Whereas, "Mr. Pat" has been an inspiration to all of his colleagues, a great source of wisdom always expressed with gentle wit, and an example of a true moral gentleman; and

Whereas, his concern for others has long been recognized and applauded and has been consistently reflected in his excellent work in behalf of others over many years; and

Whereas, Representative Harris has made significant contributions in his work in the General Assembly on all of the committees on which he has served, and through his leadership many controversial, far-reaching, and significant laws have been crafted to the great benefit of all our citizens of this State; and

Whereas, by his distinguished service in the House of Representatives he has brought great pride to his family and to the people of Anderson County; and

Whereas, "Mr. Pat's" humor, intelligence, friendship, leadership, and politeness will be sorely missed by his colleagues; and

Whereas, we would like to say thank you to "Mr. Pat" for his faithful and dedicated service to the Palmetto State; and

Whereas, it is with considerable sadness that the members of the General Assembly shall say goodbye to one of its most knowledgeable and likeable members at the end of the 1996 Session; and

Whereas, it seems fitting for the members of the General Assembly to pause in their deliberations to honor this distinguished South Carolinian, The Honorable Patrick Bradley Harris, on the occasion of his retirement from the South Carolina House of Representatives. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express their deep disappointment at the loss of one of its esteemed members, The Honorable Patrick Bradley "Mr. Pat" Harris, extend their appreciation for his exemplary service as a member of the South Carolina House of Representatives, thank him for his many years of valuable contributions and leadership to our great State, and with warm regards, now wish our great friend all the best as he brings his service in the House of Representatives to a close.

Be it further resolved that a copy of this resolution be presented to The Honorable Patrick B. "Mr. Pat" Harris.

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

S. 1375--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 15, by Reps. FELDER and COBB-HUNTER.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Reps. FELDER, COBB-HUNTER, SHARPE, GOVAN and STUART proposed the following Amendment No. 16 (Doc Name P:\amend\GJK\22886SD.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     (A)     Effective July 1, 1997, Orangeburg County shall consist of three school districts to be known as Orangeburg County Consolidated School District Three, Orangeburg County Consolidated School District Four, and Orangeburg County Consolidated School District Five. Each consolidated school district shall consist of the following areas:

(1)     Orangeburg County Consolidated School District Five--the boundaries of present school districts One, Four, and Eight;

(2)     Orangeburg County Consolidated School District Four--the boundaries of present school districts Two, Five, and Six; and

(3)     Orangeburg County Consolidated School District Three--the boundaries of present school districts Three and Seven.

The board of trustees of each consolidated school district shall be elected from single-member or other election districts as set forth below:

DISTRICT 3-1

Area     Population

Orangeburg County

ELCOREE

Tract 0104.00

Blocks: 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127A, 127B, 128, 129, 130, 134A, 134B, 135, 136, 138A, 138B, 138C, 139A, 139B, 139C, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168, 169, 170, 171, 174, 182A, 182B, 183A, 183B, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216A, 216B, 217A, 217B, 217C, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279     2,369

Tract 0121.97

Blocks: 392B, 394     0

Tract 0121.98

Blocks: 389B, 393B     0

SANTEE

Tract 0103.00

Blocks: 234, 235, 236, 237, 239, 251, 252, 253, 254, 255     98

Tract 0104.00

Blocks: 172, 173, 175, 176, 177, 178, 258, 259     210

DISTRICT TOTAL     2,677

PERCENT VARIATION     -0.30

DISTRICT 3-2

Area     Population

Orangeburg County

ELCOREE

Tract 0104.00

Blocks: 103, 104, 131, 132, 133, 137     165

PROVIDENCE

Tract 0103.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 121     349

Tract 0104.00

Blocks: 301, 302, 303, 346, 347     49

SANTEE

Tract 0103.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 212C, 214, 215, 216, 217, 219, 220, 222, 230A, 230B, 231A, 231B, 231C, 232A, 232B, 232C, 233A, 233B, 238, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 247, 248A, 248B, 249A, 249B, 250, 256, 257, 258, 259A, 259B, 260A, 260B, 261, 262A, 262B, 262C, 263, 264, 265, 266, 267, 268, 269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 332, 336, 341     1,890

Tract 0104.00

Blocks: 101, 102, 179, 180, 181     96

VANCE

Tract 0103.00

Blocks: 325, 326, 327, 438     118

DISTRICT TOTAL     2,667

PERCENT VARIATION     -0.67

DISTRICT 3-3

Area     Population

Orangeburg County

NORTH EUTAWVILLE

Tract 0101.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 118, 119, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 303B, 304, 305, 306B, 322B, 326B, 327, 328B, 369, 370, 409     1,493

SANTEE

Tract 0103.00

Blocks: 213, 218, 221, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 337, 338, 339, 340, 342, 403     432

VANCE

Tract 0101.00

Blocks: 114, 115, 116, 117, 307     55

Tract 0103.00

Blocks: 401, 402, 404, 405, 406A, 406B, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 420C, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 430, 431, 432, 433, 434A, 434B, 435, 436, 437A, 439, 446A     717

DISTRICT TOTAL     2,697

PERCENT VARIATION     0.45

DISTRICT 3-4

Area     Population

Orangeburg County

EAST HOLLY HILL

Tract 0102.00

Blocks: 304, 305, 306, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342     279

NORTH EUTAWVILLE

Tract 0101.00

Blocks: 303A, 306A, 311A, 311B, 312A, 313A, 315A, 316A, 317A, 320, 321, 322A, 323, 324, 325, 326A, 328A, 364     188

SOUTH EUTAWVILLE     2,273

DISTRICT TOTAL     2,740

PERCENT VARIATION     2.05

DISTRICT 3-5

Area     Population

Orangeburg County

EAST HOLLY HILL

Tract 0102.00

Blocks: 307, 308, 309, 312, 313, 314, 315, 316, 317, 318, 319, 320, 402, 403, 404, 405, 407, 408A, 408B, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417A, 417B, 418A, 418B, 419, 420A, 420B, 421A, 421B, 421C, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436A, 436B, 437, 438A, 439A, 439B, 439C, 441, 442     1,979

WEST HOLLY HILL

Tract 0102.00

Blocks: 101A, 101B, 102A, 102B, 102C, 103, 104, 105, 106, 107A, 116A, 116B, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 131, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145A, 145B, 146, 147, 148, 149, 150, 151, 152, 153A, 153B     681

DISTRICT TOTAL     2,660

PERCENT VARIATION     -0.93

DISTRICT 3-6

Area     Population

Orangeburg County

EAST HOLLY HILL

Tract 0102.00

Blocks: 301, 302, 303, 310, 311, 401, 406     159

NORTH EUTAWVILLE

Tract 0101.00

Blocks: 311C, 312B, 313B, 314, 315B, 316B, 317B, 363, 365, 366, 367, 368     252

Tract 0102.00

Blocks: 201, 202, 208, 209, 210     52

PROVIDENCE

Tract 0103.00

Blocks: 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 165     210

Tract 0104.00

Blocks: 360, 361, 374, 375     26

VANCE

Tract 0101.00

Blocks: 308, 309, 310     37

Tract 0103.00

Blocks: 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 153, 154, 155, 156, 157, 158, 328, 329, 330, 331, 333, 334, 335, 437B, 440, 441, 442, 443, 444, 445, 446B, 447, 448, 449, 450     890

WEST HOLLY HILL

Tract 0102.00

Blocks: 203, 204, 205, 206, 207, 211, 212, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220     874

Tract 0103.00

Blocks: 150, 151, 152, 159, 172, 173     176

DISTRICT TOTAL     2,676

PERCENT VARIATION     -0.34

DISTRICT 3-7

Area     Population

Orangeburg County

EAST HOLLY HILL

Tract 0102.00

Blocks: 332, 333, 334, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 438B, 440, 443, 444     353

PROVIDENCE

Tract 0103.00

Blocks: 122, 123, 124, 164, 166, 167, 168     91

Tract 0104.00

Blocks: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 376, 377, 378, 379, 380, 381, 382     1,258

WEST HOLLY HILL

Tract 0102.00

Blocks: 107B, 108, 109, 110, 111, 112, 113, 114, 115, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175     582

Tract 0103.00

Blocks: 160, 161, 162, 163, 169, 170, 171, 174, 175, 176, 177, 178     394

DISTRICT TOTAL     2,678

PERCENT VARIATION     -0.26

DISTRICT 4-1

Area     Population

Orangeburg County

EAST SPRINGFIELD

Tract 0118.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 320, 321, 323, 327, 328, 329A, 329B, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350A, 350B, 351, 352, 353, 354, 355, 356, 357A, 357B, 358, 359A, 359B, 360A, 360B, 361A, 361B, 362, 363A, 363B, 364A, 364B, 365, 366, 367, 368, 369A, 369B, 370, 371, 372, 553, 554, 558, 559, 567, 568, 569, 570, 571, 572, 573, 574, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597     668

Tract 0119.00

Blocks: 117, 118, 137, 138, 139, 140, 141, 142, 143, 144     68

NEESES-LIVINGSTON

Tract 0119.00

Blocks: 119, 128, 129, 130, 132, 133, 134, 135, 136, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155     197

NORWAY

Tract 0118.00

Blocks: 231, 232, 233, 234, 235, 236, 290, 292, 297     115

WEST NORTH

Tract 0118.00

Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 555, 556, 557     472

Tract 0120.00

Blocks: 101A, 106     0

WEST SPRINGFIELD     858

DISTRICT TOTAL     2,378

PERCENT VARIATION     0.46

DISTRICT 4-2

Area     Population

Orangeburg County

EAST SPRINGFIELD

Tract 0118.00

Blocks: 314, 316, 318, 319, 322, 324, 325, 326     181

NEESES-LIVINGSTON

Tract 0119.00

Blocks: 131, 156A, 156B, 157, 158, 159A, 159B, 160A, 160B, 161, 162A, 162B, 163, 175, 178, 179, 180, 181, 240B, 246A, 246B, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 268, 270     509

NORWAY

Tract 0118.00

Blocks: 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 146, 147, 148, 149, 150, 151, 152, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226A, 226B, 227, 228, 229, 230, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 251C, 252A, 252B, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283A, 283B, 284, 285, 286, 287, 288, 289, 291, 294A, 294B, 295, 296, 317     1,646

SUBURBAN 9

Tract 0110.00

Blocks: 322A     0

DISTRICT TOTAL     2,336

PERCENT VARIATION     -1.31

DISTRICT 4-3

Area     Population

Orangeburg County

BROOKDALE

Tract 0111.00

Blocks: 113     0

COPE

Tract 0118.00

Blocks: 116, 117     24

COROOVA

Tract 0116.00

Blocks: 120, 127, 128     88

NEESES-LIVINGSTON

Tract 0118.00

Blocks: 205     9

Tract 0119.00

Blocks: 169, 170, 171, 172, 173, 176, 177     64

NORWAY

Tract 0118.00

Blocks: 121, 122, 145, 153, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269     185

PINEHILL-BOLEN

Tract 0115.00

Blocks: 402     0

Tract 0116.00

Blocks: 101, 102, 103, 104, 105, 121, 122, 123, 124, 125, 126     571

Tract 0118.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120     396

Tract 0119.00

Blocks: 315, 316, 317, 318, 319, 320, 321, 322, 326, 327, 328, 329, 330, 331, 332, 335, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356     1,018

DISTRICT TOTAL     2,355

PERCENT VARIATION     -0.51

DISTRICT 4-4

Area     Population

Orangeburg County

COPE

Tract 0117.00

Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 418, 419, 421, 429, 430, 431, 432, 433, 434, 435, 436, 437A, 437B, 438A, 438B, 439A, 439B, 440, 441, 442, 443, 444, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462, 463, 466A, 466B, 467A, 467B, 467C, 468A, 468B, 469A, 469B, 470, 471, 472, 473, 474, 475, 476, 477, 478     634

Tract 0118.00

Blocks: 154, 155, 156, 157, 181, 182, 183, 184, 185, 186, 187     84

COROOVA

Tract 0116.00

Blocks: 108, 109, 110, 111, 114, 115, 116, 117, 118, 119, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 204, 205, 206     1,015

Tract 0117.00

Blocks: 412, 413, 414, 415, 416, 417, 420, 422, 423, 424, 425, 428     223

EDISTO

Tract 0117.00

Blocks: 302, 303, 304, 309, 310, 311, 312     204

NORWAY

Tract 0118.00

Blocks: 177, 179, 180     31

PINEHILL-BOLEN

Tract 0116.00

Blocks: 106, 107     70

SUBURBAN 4

Tract 0113.00

Blocks: 323B, 326B     0

SUBURBAN 6

Tract 0115.00

Blocks: 422, 423, 424     48

DISTRICT TOTAL     2,309

PERCENT VARIATION     -2.45

DISTRICT 4-5

Area     Population

Orangeburg County

COROOVA

Tract 0116.00

Blocks: 112, 113, 201, 202A, 202B, 203A, 203B, 207, 208, 209A, 209B, 210A, 210B, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 335, 336A, 336B, 337, 339     1,858

Tract 0117.00

Blocks: 426     1

EDISTO

Tract 0116.00

Blocks: 338     23

Tract 0117.00

Blocks: 301     1

SUBURBAN 5

Tract 0115.00

Blocks: 118, 119     61

SUBURBAN 6

Tract 0115.00

Blocks: 406, 407, 408, 411, 412, 413, 414, 417, 418     474

DISTRICT TOTAL     2,418

PERCENT VARIATION     2.15

DISTRICT 4-6

Area     Population

Orangeburg County

COPE

Tract 0117.00

Blocks: 464, 465, 479, 480, 481, 482     73

COROOVA

Tract 0116.00

Blocks: 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 341, 342, 344, 345, 346     986

EDISTO

Tract 0116.00

Blocks: 340, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360     222

Tract 0117.00

Blocks: 305, 306, 307, 308, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356     826

ROWESVILLE

Tract 0106.00

Blocks: 136, 154, 155, 171B, 172, 174, 175, 176, 177B, 188B, 189B, 191, 192, 193, 194     160

Tract 0117.00

Blocks: 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212     83

SUBURBAN 2

Tract 0107.00

Blocks: 319A     0

WHITTAKER

Tract 0107.00

Blocks: 216     0

DISTRICT TOTAL     2,350

PERCENT VARIATION     -0.72

DISTRICT 4-7

Area     Population

Orangeburg County

NORTH BOWMAN

Tract 0105.00

Blocks: 344, 349     0

NORTH BRANCHVILLE

Tract 0105.00

Blocks: 169, 171, 172, 173, 174, 186, 188, 189, 190, 191, 192, 193, 194, 352, 353     103

Tract 0117.00

Blocks: 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 213, 214, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242A, 242B, 243, 244A, 244B, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259A, 259B, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284A, 284B, 285, 286, 287, 288, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296     1,265

ROWESVILLE

Tract 0105.00

Blocks: 341, 342, 343, 345, 346, 347, 348     14

Tract 0117.00

Blocks: 201, 215, 216     32

SOUTH BOWMAN

Tract 0105.00

Blocks: 149, 157, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 187     174

SOUTH BRANCHVILLE     785

SUBURBAN 3

Tract 0113.00

Blocks: 317D     0

DISTRICT TOTAL     2,373

PERCENT VARIATION     0.25

DISTRICT 5-1

Area     Population

Orangeburg County

EAST NORTH     1,581

LIMESTONE

Tract 0109.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 269, 270     2,021

Tract 0120.00

Blocks: 334, 335, 336, 337, 338, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397     681

NEESES-LIVINGSTON

Tract 0119.00

Blocks: 164, 165, 166, 167, 168, 174, 182, 201, 202, 203, 204A, 204B, 205A, 205B, 206A, 206B, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223, 224A, 224B, 225, 226, 227, 228A, 228B, 229A, 229B, 229C, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 241B, 242, 243A, 243B, 244A, 244B, 245, 248, 269A, 269B, 271A, 271B, 272A, 272B, 272C, 273, 274, 275, 307, 308, 311     1,005

PINEHILL-BOLEN

Tract 0119.00

Blocks: 301, 302, 303, 304, 305, 306, 309, 310, 312, 313, 314, 323, 324, 325, 333, 334, 336, 337     339

WEST NORTH

Tract 0118.00

Blocks: 531, 563     2

Tract 0119.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 120, 121, 122, 123, 124, 125, 126, 127     216

Tract 0120.00

Blocks: 101B, 102A, 102B, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 128B, 129A, 129B, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188A, 188B, 189, 190, 191, 192, 193, 194, 195, 196, 197     1,148

DISTRICT TOTAL     6,993

PERCENT VARIATION     -1.08
DISTRICT 5-2

Area     Population

Orangeburg County

JAMISON     1,965

LIMESTONE

Tract 0109.00

Blocks: 136, 137, 138, 139, 140, 141, 142     73

SUBURBAN 7     1,890

SUBURBAN 8     1,039

SUBURBAN 9

Tract 0110.00

Blocks: 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 144, 145, 146, 147, 148, 149, 301B, 302, 303, 304, 305, 306, 307B, 319, 321     2,234

DISTRICT TOTAL     7,201

PERCENT VARIATION     1.87

DISTRICT 5-3

Area     Population

Orangeburg County

BROOKDALE

Tract 0108.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 241, 242     349

Tract 0111.00

Blocks: 114, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 203     38

NIX     3,098

ORANGEBURG WARD 10     1,103

ORANGEBURG WARD 4

Tract 0112.00

Blocks: 116     0

ORANGEBURG WARD 5

Tract 0110.00

Blocks: 320A, 408, 409, 410, 411, 412, 413, 414, 423, 424, 425, 426, 427, 428, 429     313

Tract 0114.00

Blocks: 401, 403     78

ORANGEBURG WARD 8     788

ORANGEBURG WARD 9     797

SUBURBAN 1

Tract 0111.00

Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412     364

SUBURBAN 9

Tract 0110.00

Blocks: 308B, 311B, 312B, 314, 320B, 322B     149

DISTRICT TOTAL     7,077

PERCENT VARIATION     0.11

DISTRICT 5-4

Area     Population

Orangeburg County

COROOVA

Tract 0117.00

Blocks: 427     0

ORANGEBURG WARD 1     1,246

ORANGEBURG WARD 2     1,426

ORANGEBURG WARD 5

Tract 0114.00

Blocks: 402, 404, 406, 407, 408, 409, 410, 411, 412, 413, 414     547

ORANGEBURG WARD 6     1,357

ORANGEBURG WARD 7     887

SUBURBAN 5

Tract 0115.00

Blocks: 204, 206, 207, 208, 209, 210, 211, 212, 213     388

SUBURBAN 6

Tract 0115.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 403, 404, 405, 409, 410, 415, 416, 419, 420, 421     1,267

DISTRICT TOTAL     7,118

PERCENT VARIATION     0.69

DISTRICT 5-5

Area     Population

Orangeburg County

ORANGEBURG WARD 3     1,098

ORANGEBURG WARD 4

Tract 0112.00

Blocks: 117, 120, 121, 122, 127B, 128, 129, 130B, 131B, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 150A, 151A, 201B, 202, 203B, 204, 205, 206, 207     3,101

Tract 0113.00

Blocks: 201A, 202, 203, 204, 205, 206, 221, 222, 223, 224, 225, 226, 227, 229, 230, 231, 232, 242, 243, 244, 245, 246, 247     540

SUBURBAN 4

Tract 0106.00

Blocks: 342, 343, 401, 402, 403, 404, 405, 406C, 407B, 407C, 407D, 407E, 407F, 407G, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422A, 422B, 422C, 423, 424, 425, 426A, 426B, 426C, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438     891

Tract 0113.00

Blocks: 325B     0

SUBURBAN 5

Tract 0115.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 203, 205, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235     1,502

DISTRICT TOTAL     7,132

PERCENT VARIATION     0.89

DISTRICT 5-6

Area     Population

Orangeburg County

BROOKDALE

Tract 0108.00

Blocks: 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240     757

Tract 0112.00

Blocks: 112     8

FOUR HOLES     864

ORANGEBURG WARD 4

Tract 0112.00

Blocks: 113B, 114, 115, 118, 119, 123, 124B     194

SUBURBAN 1

Tract 0108.00

Blocks: 302, 303, 304, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414     1,022

Tract 0111.00

Blocks: 413, 414, 417, 418, 419     155

Tract 0112.00

Blocks: 113A, 124A, 125, 126, 127A, 130A, 131A, 132A, 201A, 203A     129

SUBURBAN 2

Tract 0107.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 314B, 315, 319B, 320, 321, 322, 323, 324, 325, 326, 327, 328     738

Tract 0112.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150B, 151B, 152, 153, 154     930

Tract 0113.00

Blocks: 201B     31

WHITTAKER

Tract 0107.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 220, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 255, 256, 257, 258, 259, 260, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425     2,098

DISTRICT TOTAL     6,926

PERCENT VARIATION     -2.02

DISTRICT 5-7

Area     Population

Orangeburg County

BETHEL     809

COROOVA

Tract 0116.00

Blocks: 343     0

NORTH BOWMAN

Tract 0105.00

Blocks: 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 335, 336, 337, 338, 339, 350, 354, 355, 356, 357, 358, 359, 412, 413, 414, 415, 416, 417, 418, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 455, 459     2,353

NORTH BRANCHVILLE

Tract 0105.00

Blocks: 143, 144, 351     32

ORANGEBURG WARD 4

Tract 0106.00

Blocks: 301A, 302, 303, 304A, 305A     49

Tract 0107.00

Blocks: 312, 313, 314A, 316, 317, 318     85

Tract 0113.00

Blocks: 228     0

ROWESVILLE

Tract 0105.00

Blocks: 340     1

Tract 0106.00

Blocks: 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 135, 156, 157, 158A, 158B, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167, 168, 169, 170, 171A, 173, 177A, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188A, 189A, 190, 195, 196, 197     435

SOUTH BOWMAN

Tract 0105.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110A, 110B, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 158, 170, 195, 196, 197, 229, 230, 231, 248, 451, 452, 453, 454, 456, 457, 458, 460, 461, 462, 463, 464, 465, 466, 467     1,069

SUBURBAN 3

Tract 0106.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 301B, 304B, 305B, 306B, 312B, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 322B, 323, 324B, 325B, 325C, 325D, 331B, 332B, 333B, 336B, 337C, 338B, 339B, 340B, 341, 344, 345     2,122

Tract 0113.00

Blocks: 317B, 317C     0

SUBURBAN 4

Tract 0106.00

Blocks: 416, 417, 418, 439, 440, 441, 442, 443, 444, 445     87

DISTRICT TOTAL     7,042

PERCENT VARIATION     -0.38

(B)     The eight present school districts of the county shall be abolished on July 1, 1997, and the powers and duties of the respective boards of trustees of each district devolved upon the board of trustees for the applicable consolidated school district except as hereinafter established./

Amend the bill, as and if amended, by striking subsection (A) of SECTION 2 and inserting:

/(A)     Each consolidated school district shall be governed by a board of trustees of seven members who must be elected in nonpartisan elections to be held beginning in 1997 in the manner hereinafter provided. Each member of the board must be a resident of and elected from single-member election districts provided in this act. The members of each board shall elect a chairman and such other officers as they deem necessary to serve for terms of one year in these capacities. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of each board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday of November every two or four years thereafter as applicable beginning in 1999. Members of each board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members of each board elected in 1997, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the members elected from election districts two, four, and six shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of each board shall serve until their successors are elected and qualify.

Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of each board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of each board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./

Amend further, as and if amended, by striking subsection (A) of SECTION 3 and inserting:

/(A)     There is also established an Orangeburg County Board of Education on July 1, 1997. The county board of education shall consist of seven members elected in nonpartisan elections beginning in 1997 from the same seven single-member election districts as are members of the governing body of the county. The 1997 nonpartisan election shall be held on the third Tuesday in January, 1997. After the 1997 election, members of the board shall thereafter be elected at nonpartisan elections to be conducted on the first Tuesday after the first Monday in November every two or four years thereafter as applicable beginning in 1999. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1997, the four members elected with the largest number of votes shall serve for initial terms to expire in November, 2001, when their successors elected at the 2001 election qualify and take office, and the three members elected with the fewest number of votes shall serve for initial terms to expire in November, 1999, when their successors elected at the 1999 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within one hundred eighty days of a regular trustee election. In this case, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All members of the county board shall serve until their successors are elected and quality.

Each member of the board must be elected by the qualified electors of the single-member district from which he seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district from which he resides and seeks election, voting precinct, period of residence in the county and election district, and other information as the county election commission requires. The filing period opens on the first day of November, 1996, at noon to run for two weeks for the 1997 election to expire at noon of the last day of the filing period and thereafter is as provided in Section 7-13-352 of the 1976 Code.

The county commissioners of election shall conduct and supervise the elections for members of the county board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections in the same manner provided in Section 7-13-35 of the 1976 Code. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code./
Amend further, as and if amended, by striking subsection (E) of SECTION 3 and inserting:

/(E)     The county board of education shall:

(1)     appoint the number of countywide personnel as deemed necessary;

(2)     borrow in anticipation of the collection of taxes, state aid, or federal aid;

(3)     approve long-range planning for facilities;

(4)     serve as fiscal agent for all funds including state allocations for the Education Finance Act, Education Improvement Act, and school facilities; however, formula generated funds shall flow through to the district which generated the funds;

(5)     serve as arbitrator in disputes concerning school district lines;

(6)     receive a copy of each district's annual audit of its financial affairs;

(7)     adopt a budget for the operations of the county board which at no time may in dollar terms exceed the value of one-half mill; and

(8)     prescribe a uniform salary schedule for all certified teachers./
Amend further, as and if amended, by striking subsection (D) of Section 4, which begins on line 38 of page 31, and inserting:

/(D)     The County Board of Education, in conjunction with the boards of the three consolidated school districts, shall develop a formula which will provide for the equalization of the per pupil funding for each of the three consolidated school districts and which must be presented to the county legislative delegation within three years of the effective date of this act./

Amend further, as and if amended, in Section 4(E), by striking /currently working beyond retirement age/ which begins on line 6 of page 32;

Amend further, as and if amended, by adding a new SECTION to be appropriately numbered immediately after SECTION 4 to read:

/SECTION     _____.     (A)     Beginning with the year 1997, a countywide school tax millage levy of twenty-five mills for operating purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts of the county based on the following formula:

Step 1.     Determine the countywide base student costs by dividing the total value of a countywide mill by the total weighted pupil units of the three consolidated districts. The total weighted pupil units will be determined by the prior year one hundred thirty-five day report for each district.

Step 2.     Determine each district's base student costs by dividing the total value of their mill by their total weighted pupil units.

Step 3.     The district with the lowest base student cost gets one mill.

Step 4.     If any district's base student cost falls below the countywide base student cost, their base student cost will be equalized to the county base student cost.

Step 5.     The remaining funds shall be divided equally between the three districts based on their weighted pupil units.

Step 6.     Consolidated District Five will receive five mills for hold harmless purposes. These mills will be phased out by reducing the hold harmless mills by one each year over a five-year period beginning in 1998.

Step 7.     The five hold harmless mills allocated to Consolidated District Five as these mills are phased out as provided in Step 6, and any additional funds needed from the twenty-five mill countywide levy provided for herein, shall be reallocated to and used to hold Consolidated District Four harmless from losses in the Education Finance Act funding as a result of new industrial additions to the property tax rolls therein up to such twenty-five mill countywide levy.

Step 8.     If the wealth per student in a district after equalization falls below ninety-five percent of the highest wealth per student amount, an additional mill will be allocated to that district.

(B)     Beginning with the year 1997, a countywide school tax millage levy of five mills for capital improvements or debt service purposes is hereby imposed and shall be distributed by the county board to the consolidated school districts of the county based on the following formula:

Step 1.     Determine the countywide base student cost by dividing the total value of a countywide mill by the total weighted pupil units of the three consolidated districts. The total weighted pupil units will be determined by the prior year one hundred thirty-five day report for each district.

Step 2.     Determine each district's base student cost by dividing the total value of their mill by their total weighted pupil units.

Step 3.     The district with the lowest base student cost gets one mill.

Step 4.     If any district's base student cost falls below the countywide base student cost, their base student cost will be equalized to the county base student cost.

Step 5.     The remaining funds shall be divided equally between the three districts based on their weighted pupil units.

(C)     The county board of education shall make the determinations and allocations required by this section. The formulas contained in subsections (A) and (B) beginning in 1998 may be changed by the county board of education upon the approval of the county legislative delegation./

Renumber sections to conform.

Amend totals and title to conform.

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

H. 3915--MOTION TO RECONSIDER TABLED

Rep. STILLE moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. FELDER moved to table the motion to reconsider.

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

Yeas 62; Nays 38

Those who voted in the affirmative are:

Allison                Askins                 Boan
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cooper
Cromer                 Dantzler               Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, P.             Harvin                 Hines, J.
Hodges                 Jennings               Keegan
Kelley                 Kinon                  Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
Moody-Lawrence         Neilson                Rice
Richardson             Riser                  Robinson
Sharpe                 Smith, D.              Smith, R.
Spearman               Stuart                 Townsend
Tripp                  Tucker                 Vaughn
Waldrop                Walker                 Whatley
Wilkes                 Wilkins                Williams
Wofford                Young-Brickell

Total--62

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Cotty                  Davenport              Hallman
Harris, J.             Herdklotz              Hines, M.
Howard                 Hutson                 Inabinett
Keyserling             Kirsh                  Knotts
Lee                    Lloyd                  Loftis
McCraw                 McElveen               McMahand
McTeer                 Meacham                Neal
Rogers                 Sandifer               Scott
Seithel                Sheheen                Shissias
Simrill                Stille                 Trotter
Wells                  Whipper, L.            Whipper, S.
Wilder                 Wright

Total--38

So, the motion to reconsider was tabled.

S. 921--POINT OF ORDER

The following Bill was taken up.

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

POINT OF ORDER

Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER Pro Tempore sustained the Point of Order.

SPEAKER IN CHAIR
S. 929--POINT OF ORDER

The following Bill was taken up.

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

POINT OF ORDER

Rep. RICHARDSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1013--POINT OF ORDER

The following Bill was taken up.

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

POINT OF ORDER

Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1028--POINT OF ORDER

The following Bill was taken up.

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1050--POINT OF ORDER

The following Joint Resolution was taken up.

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1064--POINT OF ORDER

The following Bill was taken up.

S. 1064 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-460 SO AS TO AUTHORIZE THE USE OF PAPER BALLOTS IN ELECTIONS CONDUCTED TO FILL VACANCIES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1073--POINT OF ORDER

The following Bill was taken up.

S. 1073 -- Senator McGill: A BILL TO AMEND SECTION 16-13-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THEFT OF ELECTRIC CURRENT, SO AS TO ADD A PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1100--POINT OF ORDER

The following Bill was taken up.

S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1114--POINT OF ORDER

The following Bill was taken up.

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1123--POINT OF ORDER

The following Bill was taken up.

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1147--POINT OF ORDER

The following Bill was taken up.

S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1160--POINT OF ORDER

The following Bill was taken up.

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1198--POINT OF ORDER

The following Bill was taken up.

S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1213--POINT OF ORDER

The following Joint Resolution was taken up.

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1216--POINT OF ORDER

The following Bill was taken up.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1284--POINT OF ORDER

The following Bill was taken up.

S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1327--POINT OF ORDER

The following Bill was taken up.

S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1335--POINT OF ORDER

The following Bill was taken up.

S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 506--POINT OF ORDER

The following Bill was taken up.

S. 506 -- Senator Saleeby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE THAT UPON GIVING THE WORKERS' COMPENSATION COMMISSION DOCUMENTATION THAT A SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A CONTRACTOR AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE SUBCONTRACTOR WAS ENGAGED BY THE CONTRACTOR TO PERFORM WORK, THE CONTRACTOR IS RELIEVED OF RESPONSIBILITY FOR ALL CLAIMS FILED BY EMPLOYEES OF AN UNINSURED SUBCONTRACTOR, PROVIDE FOR THE EXCLUSIVE REMEDY OF THOSE EMPLOYEES, AND PROVIDE FOR THE CIRCUMSTANCES AND PENALTIES FOLLOWING THE FILING OF FALSE DOCUMENTATION OF WORKERS' COMPENSATION INSURANCE BY A SUBCONTRACTOR TO A CONTRACTOR OR A HIGHER TIER SUBCONTRACTOR.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 66--POINT OF ORDER

The following Bill was taken up.

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 659--POINT OF ORDER

The following Bill was taken up.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 739--POINT OF ORDER

The following Bill was taken up.

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 926--POINT OF ORDER

The following Bill was taken up.

S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1152--POINT OF ORDER

The following Bill was taken up.

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1306--POINT OF ORDER

The following Bill was taken up.

S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 1286--POINT OF ORDER

The following Bill was taken up.

S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 82--POINT OF ORDER

The following Joint Resolution was taken up.

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BAIL, CRUEL, UNUSUAL AND CORPORAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE FOR THE OFFENSES FOR WHICH AND THE CIRCUMSTANCES UNDER WHICH BAIL MAY BE DENIED.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 943--POINT OF ORDER

The following Joint Resolution was taken up.

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 95--POINT OF ORDER

The following Bill was taken up.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 5027--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall S. 1219 from the Committee on Education and Public Works.

Rep. SHEHEEN objected.

OBJECTION TO RECALL

Rep. JENNINGS asked unanimous consent to recall S. 862 from the Committee on Judiciary.

Rep. COOPER objected.

OBJECTION TO RECALL

Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.

Rep. HOWARD objected.

S. 1263--RECALLED FROM THE
COMMITTEE ON AGRICULTURE, NATURAL RESOURCES
AND ENVIRONMENTAL AFFAIRS

On motion of Rep. RISER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

OBJECTION TO MOTION

Rep. KNOTTS asked unanimous consent that S. 378 be read a third time tomorrow.

Rep. KIRSH objected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.

H. 5032 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF MRS. MARY LUCILLE BALDWIN MARTIN OF ANDERSON, SOUTH CAROLINA WHO DIED SUNDAY, MAY 5, 1996.

H. 5033 -- Rep. Wilder: A CONCURRENT RESOLUTION COMMENDING MR. HAROLD WILLIAMS FOR THIRTY-SIX YEARS OF SERVICE TO LAURENS COUNTY SCHOOL DISTRICT 56 WHICH INCLUDES TWENTY-FOUR YEARS ON THE CLINTON HIGH SCHOOL COACHING STAFF.

H. 5034 -- Rep. Fulmer: A CONCURRENT RESOLUTION CONGRATULATING LARRY D. SHIRLEY OF CHARLESTON ON RECEIVING THE CARROLL H. JONES AWARD FROM THE SOUTH CAROLINA STATE ASSOCIATION OF LIFE UNDERWRITERS, INC., IN RECOGNITION OF MR. SHIRLEY'S HIGH STANDARDS AND ACCOMPLISHMENTS AS A LIFE UNDERWRITER.

H. 5035 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ELIZABETH WOOLBRIGHT OF OCONEE COUNTY AND EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HER FOR MAKING HER HOME AVAILABLE AS THE POLLING PLACE FOR PROVIDENCE PRECINCT SINCE 1927.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Robert Hawkins of York, to meet at 10:00 A.M. tomorrow.

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