South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 21, 1990

Wednesday, February 21, 1990
(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:

Our Father God, in these hushed and hallowed moments of prayer, we pause to proclaim our trust in You and to acknowledge our dependence upon Your support. Solemnize us with the consciousness that beyond the appraisal of men regarding what we say and do here, there falls upon our records the searching light of Your scrutinizing judgement. Save us from short sighted policies whose reaping may bring horrows to those who follow us. Enable us to know clearly and to follow faithfully Your will and way. Save us from becoming absorbed with the past and the future as to neglect the present. Teach us to be content with our lot, but never satisfied with our accomplishments.

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.

REGULATION RECEIVED

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

Document No. 1229
Promulgated By Board of Education
43-215. Public School Employee Cost Savings Program
Received by Speaker February 20, 1990
Referred to House Committee on Education and Public Works
120 day expiration date June 20, 1990

SPECIAL PRESENTATION

Reps. J. HARRIS and BURCH presented the Pageland State AA Central High School Eagles football team and their coaches.

REPORTS OF STANDING COMMITTEES

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

H. 3412 -- Reps. Harvin, Cork, G. Bailey, Kohn, Huff, Taylor, McLeod, M.O. Alexander, Derrick, Limehouse, T.C. Alexander, L. Martin, Neilson and T.M.Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-25 SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE INSURANCE COMMISSION, EX OFFICIO; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE REINSURANCE FACILITY, EX OFFICIO; AND TO AMEND SECTIONS 13-3-40 AND 40-57-50, RELATING TO THE REAL ESTATE COMMISSION OF SOUTH CAROLINA AND THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF BOTH AGENCIES, EX OFFICIO.

Ordered for consideration tomorrow.

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

H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.

Ordered for consideration tomorrow.

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

H. 4293 -- Rep. Davenport: A BILL TO AMEND SECTION 23-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO SAFETY GLAZING MATERIALS, SO AS TO CHANGE THE DEFINITION OF HAZARDOUS LOCATIONS AS THEY RELATE TO GLAZING OF GLASS OR RIGID PLASTIC.

Ordered for consideration tomorrow.

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

H. 4450 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.

Ordered for consideration tomorrow.

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

S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.

Ordered for consideration tomorrow.

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

S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.

Ordered for consideration tomorrow.

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

S. 1152 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.

Ordered for consideration tomorrow.

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

S. 1153 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.

Ordered for consideration tomorrow.

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

S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.

Ordered for consideration tomorrow.

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

S. 1156 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

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

S. 1171 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3866 -- Rep. R. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DEFINE ITEMS OF HOUSEHOLD GOODS WHICH ARE EXEMPT.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4254 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

H. 4267 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, on:

H. 4182 -- Rep. Davenport: A BILL TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.

H. 4182--ORDERED TO THIRD READING

On motion of Rep. DAVENPORT, with unanimous consent, the following Bill was taken up for immediate consideration.

H. 4182 -- Rep. Davenport: A BILL TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.

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

CONCURRENT RESOLUTION

On motion of the York Delegation, with unanimous consent, the following was taken up for immediate consideration:

S. 1286 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS BY DECLARING FEBRUARY 21, 1990, "YORK COUNTY DAY".

Whereas, Rand-McNally's almanac survey rated York County as having the highest quality of life in South Carolina; and

Whereas, in a recent twelve county survey, York County was rated by eighty-two percent of the respondents as having excellent or good business conditions and by ninety-two percent as having the most positive business climate during the next five years in the metro Charlotte area; and

Whereas, a total of ten new companies have located to York County during 1989, providing a total investment of 57.6 million dollars and a total of eight hundred fifteen jobs; and

Whereas, eight existing York County industries expanded in 1989 for a total investment of 30.145 million dollars and one hundred fifty-six new jobs. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 21, 1990, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the five Chambers in York County.

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

CONCURRENT RESOLUTION

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

S. 1287 -- Senators Waddell, Drummond and Passailaigue: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING RECORD OF SERVICE TO THE PEOPLE OF SOUTH CAROLINA OF THE SOUTH CAROLINA TAX COMMISSION ON THE OCCASION OF ITS SEVENTY-FIFTH ANNIVERSARY.

Whereas, the members of the General Assembly are pleased to note that 1990 marks the seventy-fifth year of the existence of the South Carolina Tax Commission; and

Whereas, this State is vitally dependent upon a system of voluntary compliance with its tax laws to finance the cost of government; and

Whereas, since its establishment, the South Carolina Tax Commission has carefully nurtured the system of voluntary compliance through its diligent efforts in improving tax administration and the quality of services provided to taxpayers; and

Whereas, over its existence a distinguished line of commissioners, administrators, and employees have labored to provide the highest degree of professionalism and integrity in enforcing the tax laws enacted by the General Assembly while at the same time protecting the rights of taxpayers so that taxpayers may have well-deserved confidence in the administration of the tax system; and

Whereas, to tax and to please is a difficult goal but one which, for those who appreciate that taxes are the price of civilization, that can be fairly stated to be the constant goal of the dedicated public servants of the South Carolina Tax Commission. Now, therefore,

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

That the members of the General Assembly, by this resolution, express appreciation for the outstanding record of service to the people of South Carolina of the South Carolina Tax Commission on the occasion of its seventy-fifth anniversary.

Be it further resolved that a copy of this resolution be forwarded to The Hon. S. Hunter Howard, Jr., Chairman, South Carolina Tax Commission.

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

CONCURRENT RESOLUTION

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

S. 1288 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" IN SOUTH CAROLINA.

Whereas, the contributions women have made to our State, Nation, and world over the centuries is immeasurable; and

Whereas, Women's History Month is a time to recognize those contributions and the critical role women have played in the preservation of the principles and values that all Americans hold dear; and

Whereas, women have served with distinction in all professions. They have contributed to our state's and nation's prosperity in all fields of business, served our country with courage in time of conflict, educated and inspired our children, and figured prominently in all our great struggles for political and social reform; and

Whereas, today women play a major role in our public life. They can be found working in the Congress, in the Cabinet, in state legislatures, on the courts, and in our embassies around the world. Every aspect of our state and national life has been touched by the leadership, energy, and insight of outstanding American women; and

Whereas, in March as we recall the achievements of prominent women in United States and South Carolina history, we also remember the quiet yet lasting contributions women have made to our society through the family, as volunteers in local charities or relief organizations, and as leaders in our churches; and

Whereas, women have demonstrated their great love for this country and State and have made that love real by their engagement in the lives of others. If any definition of a successful life must include service to others, countless women live successful lives. Through their tireless service on a daily basis, the women of our Nation and State have woven the fabric of families and communities; and

Whereas, it is the family and the local community that always have been our nation's and state's stronghold, the first and greatest source of civic pride and sense of duty. The women who have sustained these institutions throughout history have strengthened this country and State beyond measure; and

Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize the contributions and achievements of women, declare the month of March as "Women's History Month" in South Carolina. Now, therefore,

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

That the General Assembly declares the month of March as "Women's History Month" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Commission on Women.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1292 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME SVETLANA ALEKSANDROVNA MOROSOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1293 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ROMAN VLADIMIROVICH OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1294 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME VADIM VYACHESLAVOVICH OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1295 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME SERGEI EFIMOVICH SMOLYAR OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1296 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME PAVEL VLADIMIROVICH PACHKAI OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1297 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME KONSTANTIN NIKOLAEVICH NOSKOV OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1298 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME TATYANA SERGEIVNA GEORGIEVSKAYA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1299 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ILYA ANDREEVICH AKIMOV OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1300 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME KESNIYA VLADIMIROVNA AFONINA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1301 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME TATYANA ALEKSEIVNA BUBNOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1302 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME EKATERINA ALEKSANDROVNA VALOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1303 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME MIKHAIL BORISOVICH BUNGEP OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1304 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME VALENTINA GRIGORYEVNA KUZNETSOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1305 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME LEONID VITALYEVICH NEGRIENKO OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HIM A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1306 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME YANA NIKOLAEVNA GORSHKOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1307 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME NADEZHDA YURYEVNA MADZALEVSKAYA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1308 -- Senator Lourie: A CONCURRENT RESOLUTION TO WELCOME ALEKSANDRA YERISTOVNA PANOVA OF LENINGRAD TO THE UNITED STATES AND TO SOUTH CAROLINA, AND TO WISH HER A HAPPY AND ENJOYABLE VISIT TO OUR STATE.

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

CONCURRENT RESOLUTION

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

H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesly, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1990 South Carolina Folk Heritage Award represent citizens who have demonstrated excellence in folk art and who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents; and

Whereas, the 1990 South Carolina Folk Heritage Award Advisory Committee has performed its duties admirably. Now, therefore,

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

That The the members of the General Assembly invite the winners of the 1990 South Carolina Folk Heritage Award and the members of the 1990 South Carolina Folk Heritage Award Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:00 noon on Wednesday, April 11, 1990, and that the members of the General Assembly recognize and commend the 1990 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

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

INTRODUCTION OF BILLS

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

H. 4694 -- Reps. Littlejohn, G. Bailey, Koon, Sharpe, Bruce, J. Bailey, Holt, Wells, Moss, Whipper, Corbett, Gordon, Smith, L. Martin, Fair, Vaughn, Keegan, Farr, McGinnis and Cole: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.

Referred to Committee on Labor, Commerce and Industry.

H. 4695 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.

Referred to Committee on Labor, Commerce and Industry.

H. 4696 -- Rep. Quinn: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH ACTS AS THE AGENT OF A COUNTY IN THE COLLECTION OF BUSINESS LICENSE TAXES MAY NOT CHARGE MORE THAN THIRTY DOLLARS AN HOUR FOR COMPUTER TIME IN RESPONDING TO A FREEDOM OF INFORMATION ACT REQUEST RELATING TO BUSINESS LICENSE TAXES.

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

H. 4697 -- Reps. Rudnick, Klapman, Bruce, Littlejohn, Harwell and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 SO AS TO PROVIDE THAT ALL ITEMS FOR SALE IN A GROCERY STORE OR SUPERMARKET MUST HAVE A PRICE TAG AFFIXED WHICH IS IN ARABIC NUMBERS AND VISIBLE TO THE PURCHASER.

Referred to Committee on Labor, Commerce and Industry.

H. 4698 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO ALLOW THE ELECTION OF THE COUNTY TAX ASSESSOR IN A NONPARTISAN ELECTION FOR A TERM OF FOUR YEARS, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY BY ORDINANCE MAY PROVIDE FOR THE ELECTION, AND TO PROVIDE THAT THE FILING OF A PETITION FOR AN ELECTED ASSESSOR CONTAINING SIGNATURES OF AT LEAST TEN PERCENT OF THE QUALIFIED ELECTORS ELIGIBLE TO VOTE IN THE LAST GENERAL ELECTION OF THE COUNTY CAUSES THE OFFICE OF ASSESSOR TO BE AN ELECTED OFFICE, AND TO PROVIDE THAT THE ACT MAKING THE OFFICE ELECTIVE IS IRREVOCABLE.

Referred to Committee on Judiciary.

H. 4699 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY ABANDON THE CONDEMNATION ACTION AFTER TAKING POSSESSION OF THE PROPERTY WITHOUT THE CONSENT OF THE LANDOWNER IF NO MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE CONDEMNATION ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.

Referred to Committee on Judiciary.

H. 4700 -- Rep. T.M. Burriss: A BILL TO AMEND SECTIONS 23-45-30, 23-45-40, 23-45-60, 23-45-70, 23-45-80, 23-45-90, 23-45-100, 23-45-110, 23-45-120, 23-45-130, 23-45-135, 23-45-140, 23-45-150, AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, ENFORCEMENT PROVISIONS OF THE STATE FIRE MARSHAL, FEES AND LICENSES, PROCEDURES FOR ISSUANCE OF A LICENSE, LIMITATIONS AND CONDITIONS ON A LICENSE, EXPIRATION OF A LICENSE, REQUIREMENT THAT A FIRE PROTECTION SPRINKLER CONTRACTOR MUST DELIVER A COPY OF HIS LICENSE TO THE LOCAL BUILDING OFFICIAL IF HE DESIRES TO DO BUSINESS IN THAT JURISDICTION, THE EFFECT OF MUNICIPAL REGULATION ON CONTRACTORS, APPLICATION OF CHAPTER 45 OF TITLE 23, INAPPLICABILITY OF THE SAME CHAPTER, FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND ENFORCEMENT POWERS OF THE STATE FIRE MARSHAL, SO AS TO CHANGE THE NAME OF THE SOUTH CAROLINA LICENSING BOARD FOR CONTRACTORS' LICENSE TO SPRINKLER CONTRACTOR'S LICENSE, DELETE PROVISIONS REFERENCING THE STANDARD BUILDING CODE, DEFINE "BOARD" TO MEAN THE STATE LICENSING BOARD FOR CONTRACTORS, AUTHORIZE THE STATE LICENSING BOARD FOR CONTRACTORS RATHER THAN THE STATE FIRE MARSHAL TO ENFORCE PROVISIONS OF THIS CHAPTER, DELETE PROVISIONS RELATING TO THE REQUIREMENT OF A SWORN AFFIDAVIT FROM THREE PROFESSIONAL ENGINEERS AND OTHER REQUIREMENTS REQUIRED FOR APPLICATION FOR A LICENSE, MAKE THE PLANNING, INSTALLATION, OR ADDITION OF A FIRE PROTECTION SPRINKLER SYSTEM, WATER SPRAY SYSTEM, OR WATER FOAM SYSTEM ON THEIR OWN PROPERTY OR THAT OF THEIR NORMAL EMPLOYER APPLICABLE TO THE PROVISIONS OF CHAPTER 45 OF TITLE 23, PROVIDE THAT THE STATE FIRE MARSHAL MAY CHARGE FEES FOR PLAN AND SPECIFICATION REVIEW, AND PROVIDE THAT THE BOARD INSTEAD OF THE STATE FIRE MARSHAL MAY ENFORCE THE PROVISIONS OF CHAPTER 45 OF TITLE 23; TO REDESIGNATE SECTION 23-45-160, RELATING TO THE INSTALLATION OF SMOKE DETECTORS IN APARTMENT HOUSES HAVING NO FIRE PROTECTION SYSTEM, AS SECTION 23-9-155; AND REPEAL SECTION 23-45-155 RELATING TO WAIVER OF A NICET LEVEL III CERTIFICATE IN CERTAIN CIRCUMSTANCES.

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

H. 4701 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4702 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4703 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-35 SO AS TO PROVIDE FOR THE CONTENTS OF MOTOR VEHICLE RENTAL AGREEMENTS.

Referred to Committee on Labor, Commerce and Industry.

H. 4704 -- Reps. J. Rogers and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5025 SO AS TO PROHIBIT THE RELEASE OR DEPOSIT OF HUMAN BODY WASTE FROM A MOTOR VEHICLE OR VEHICLE DESIGNED FOR THE TRANSPORT OF PASSENGERS ON THE RIGHT-OF-WAY OVER WHICH THE VEHICLE OPERATES.

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

H. 4705 -- Reps. H. Brown, Wofford and D. Williams: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BOARD OF EDUCATION FOR BERKELEY COUNTY, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR INSTEAD OF BY ELECTION OF THE BOARD.

Referred to Berkeley Delegation.

H. 4706 -- Reps. Quinn and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-55 SO AS TO PROVIDE THAT COUNTY PROCUREMENT ORDINANCES OR PROCEDURES MUST BE SUBSTANTIALLY SIMILAR TO THE PROVISIONS OF THE CONSOLIDATED PROCUREMENT CODE AND TO PROVIDE FOR THE MANNER IN WHICH THESE COUNTY PROCUREMENT ORDINANCES OR PROCEDURES ARE APPROVED OR MODIFIED FOR THIS PURPOSE.

Referred to Committee on Judiciary.

H. 4707 -- Reps. M.O. Alexander and Manly: A BILL TO AMEND SECTION 30-5-36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN NOTICES REQUIRED TO BE CONTAINED IN DEEDS OR OTHER INSTRUMENTS OF TRANSFER OF REAL PROPERTY WHICH HAS BEEN USED AS A HAZARDOUS WASTE STORAGE OR DISPOSAL FACILITY, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION ALSO APPLY TO PROPERTY WHICH HAS BEEN USED AS A SOLID WASTE STORAGE OR DISPOSAL FACILITY, TO REVISE THE LANGUAGE OF THE REQUIRED NOTICES, AND TO PROVIDE THAT IF A SELLER FAILS TO COMPLY WITH THESE NOTICE PROVISIONS, THE TRANSFER OF THE PROPERTY IS VOIDABLE BY THE PURCHASER.

Referred to Committee on Judiciary.

H. 4708 -- Rep. Corning: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.

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

H. 4709 -- Reps. Beasley, Keyserling, Barber, J. Harris and Foster: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET REGARDING THE LEVEL OF STATE CONTRIBUTION TO EACH SCHOOL DISTRICT UNDER THE PROVISIONS OF THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO THIRTY YEARS' EXPERIENCE AND PROVIDE THAT THIS SCHEDULE BE PHASED IN BASED ON A DETERMINATION MADE EACH YEAR IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Referred to Committee on Education and Public Works.

H. 4710 -- Reps. Lanford, Ferguson, Cole, McCain, Neilson, Wells, Davenport, Corbett, Jaskwhich, Farr, Baker and Vaughn: A BILL TO ALLOW A VOLUNTEER FIRE DEPARTMENT TO SERVE A PERSON OUTSIDE ITS DEFINED TERRITORIAL LIMITS UNDER CERTAIN CONDITIONS.

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

H. 4711 -- Reps. Lanford, Wofford, Corbett, Wells, Davenport, Jaskwhich, Farr and Baker: A BILL TO REQUIRE THE OWNER OF REAL PROPERTY ON WHICH ARE SITUATED TWO OR MORE INOPERABLE MOTOR VEHICLES TO ENCLOSE THE VEHICLES IN A BUILDING OR BUILDINGS ON THE PROPERTY OR TO SCREEN THE VEHICLES FROM SIGHT, TO PROVIDE FOR THE NATURE OF THE SCREENING, AND TO PROVIDE A PENALTY FOR FAILURE TO COMPLY WITH THIS ACT.

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

S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.

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

S. 931 -- Senators McLeod, Lourie, Nell W. Smith, Mullinax and Hinson: A BILL TO AMEND SECTION 43-30-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE CLIENT-PATIENT PROTECTION ACT, SO AS TO DEFINE THE NEGLECT OF A CLIENT-PATIENT'S HEALTH OR WELFARE AND EXPLOITATION AND SECTION 43-30-100, RELATING TO PENALTIES UNDER THE ACT, SO AS TO PROVIDE FOR THE OFFENSES OF NEGLECTING AND EXPLOITING A CLIENT OR PATIENT.

Referred to Committee on Judiciary.

S. 950 -- Senator Pope: A BILL TO AMEND SECTION 17-15-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING REQUIREMENTS FOR A SURETY COMPANY WITH RESPECT TO GUARANTEED ARREST BOND CERTIFICATES ISSUED BY AN AUTOMOBILE CLUB OR ASSOCIATION, SO AS TO INCREASE THE LIMIT OF THE COMPANY'S OBLIGATION FROM FIVE HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

S. 1168 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-3150 SO AS TO PROHIBIT THE RELEASE OR DEPOSIT OF HUMAN BODY WASTE FROM A PASSENGER TRAIN ON RAILROAD RIGHTS-OF-WAY.

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

S. 1215 -- Finance Committee: A BILL TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".

Referred to Committee on Ways and Means.

S. 1216 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DECERTIFICATION, AND ACCREDITATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1220, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Judiciary.

S. 1217 -- Transportation Committee: A BILL TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.

Referred to Committee on Education and Public Works.

S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68 - WATER CLASSIFICATIONS AND STANDARDS AND 61-69 - CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

S. 1229 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1230 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1254 -- Finance Committee: A BILL TO AMEND SECTION 8-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFERRED COMPENSATION COMMISSION, SO AS TO REQUIRE THAT ONE MEMBER MUST BE A RETIRED STATE EMPLOYEE AND DELETE ARCHAIC PROVISIONS.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Glover
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
Lanford                Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Winstead               Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 21, 1990.

Thomas Limehouse                  Larry Gentry
Total Present--122

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Roger Gaddy of Winnsboro is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4664 -- Reps. Phillips and Moss: A BILL TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.

ORDERED TO THIRD READING

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

H. 4685 -- Rep. Wilder: A BILL TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.

H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.

H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.

S. 233--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.

Rep. M.D. BURRISS proposed the following Amendment No. 4 (DOC. NO. 0432X), which was adopted.

Amend the bill, as and if amended, by striking Section 29-6-50 of the 1976 Code as contained in Section 1 and inserting:

/Section 29-6-50.     If a periodic or final payment to a contractor is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor shall pay his contractor or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provisions of this section at the time request for payment is made./

Amend title to conform.

Rep. M.D. BURRISS explained the amendment.

The amendment was then adopted.

Reps. J.C. JOHNSON and M.D. BURRISS proposed the following Amendment No. 10 (DOC. NO. 0750o), which was adopted.

Amend the bill, as and if amended, by striking Section 29-6-60 of the 1976 Code, as contained in Section 1, and inserting:

/Section 29-6-60. The provisions of this chapter do not apply to:

(1)     residential homebuilders;

(2)     improvements to real property intended for residential purposes which consist of sixteen or fewer residential units; or

(3)     private persons or entities owning improvements to real property when the specific improvements are not financed by a non-owner./

Amend title to conform.

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

Rep. RUDNICK moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

S. 353--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.

Rep. BENNETT proposed the following Amendment No. 2 (Doc. No. 0664X), which was adopted.

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

/SECTION 1.     Section 50-13-1155 of the 1976 Code is amended by adding at the end:

"A person sixty-five years of age or older and minors under the age of sixteen are not required to purchase a permit to comply with item (6) of this section but a tag with the person's name, address, and age must be attached to the device."

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

Amend title to conform.

Rep. BENNETT explained the amendment.

The amendment was then adopted.

AMENDMENT NO.1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 8, by the Committee on Agriculture and Natural Resources.

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

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

H. 3517--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.

AMENDMENT NO.1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 8, by the Committee on Judiciary.

The amendment was then adopted.

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

H. 4353--DEBATE ADJOURNED

Rep. RAMA moved to adjourn debate upon the following Bill until Wednesday, March 7, which was adopted.

H. 4353 -- Reps. Rama, Kohn, Holt, Mappus, Winstead, J. Bailey and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 3823--OBJECTIONS

The following Bill was taken up.

H. 3823 -- Reps. Hodges, Boan, Fair and Haskins: A BILL TO REPEAL SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Reps. TUCKER, WILKES, McABEE and CARNELL objected to the Bill.

H. 3878--DEBATE ADJOURNED

The following Bill was taken up.

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0308o).

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

/SECTION __.     Chapter 7, Title 58 of the 1976 Code is amended by adding:

"Section 58-7-35.     A county council by ordinance may grant a company engaged in supplying sewer services operating as a public utility licensed or registered by the Public Service Commission the authority to condemn property necessary to provide sewer services within the company's assigned service area."/

Renumber sections to conform.

Amend title to conform.

Rep. J. BROWN explained the amendment and moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

SPEAKER PRO TEMPORE IN CHAIR
H. 4613--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER l7, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Reps. BLACKWELL and COOPER proposed the following Amendment No. 1 (Doc. No. 0497X), which was tabled.

Amend the bill, as and if amended, SECTION 1, by adding after Section 2-17-90:

/Section 2-17-100.     Each member of the General Assembly shall file with the commission no later than fifteen days after the sine die adjournment of the General Assembly a report listing each lobbyist from whom he received meals or entertainment costing more than fifty dollars in any twenty-four hour period or gifts valued at more than fifty dollars. A member of the General Assembly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each day's violation constitutes a separate offense./

Amend title to conform.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill in compliance with Rule 9.3 in that it dealt with another section of the Code.

Speaker SHEHEEN stated that the Bill dealt with the regulation of lobbyists and their activities. He further stated that the constitutional provision that required each Bill to deal with only one subject matter and that subject matter to be expressed in the title required the House to deal with only one subject matter at a time. He further stated that the Amendment required legislators to comply with certain requirements in reporting things that are received, which is also governed by a constitutional provision that requires each House to govern its own members and its own Body and the House cannot delegate that authority to someone else. He further stated that the Bill dealt with the regulation of lobbyists by the State Ethics Commission and the House cannot delegate the overseeing of either the House or the Senate to the State Ethics Commission and therefore, the Amendment is not germane to the Bill or to the title.

Rep. BLACKWELL argued contra the Point in stating that the subject matter of the Bill had to do with what members get from lobbyists and the House had as much responsibility to report what they received as much as the lobbyists had to have the responsibility to report what they gave.

Speaker SHEHEEN stated that the Amendment ought to be in a separate Bill which regulates the conduct of members of the House and the conduct of members of the Senate. He further stated that Rule 3.12 expressed the concern of the House and the Bill did not deal with the members of the General Assembly and the State Ethics Commission cannot deal with members of the General Assembly under the Constitution.

SPEAKER Pro Tempore J. ROGERS stated that the Amendment appeared to further refine the lobbying activities of all who are involved in lobbying and that was covered in the title and therefore, the Amendment was germane and he overruled the Point of Order.

Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 43 to 23.

Rep. L. MARTIN proposed the following Amendment No. 2 (Doc. No. 0574X).

Amend the bill, as and if amended, in SECTION 1 by adding a new Code Section immediately after line 22 on page 14 to read:

/Section 2-17-85. A member of the General Assembly must disclose all income or fees, or both, received from any business or individual that engages in lobbying./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Amendment No. 2 was out of order as it was not germane to the Bill in compliance with Rule 9.3. He further stated that Title 8 of the Code provided for the same reporting that is called for in this Amendment and that the Amendment only changed the dollar amount and that the Bill dealt with Title 2 of the Code which was a separate subject matter and a separate title in the Code.

SPEAKER Pro Tempore J. ROGERS overruled the Point of Order.

Rep. L. MARTIN explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. SHEHEEN having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. WILKINS moved that the House recur to the morning hour.

Rep. McCAIN moved to table the motion, which was not agreed to by a division vote of 21 to 57.

The question then recurred to the motion to recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. School for the Deaf for a luncheon, March 1, 1990, 11:00 A.M. - 12:00 P.M. in Room 208, Blatt Building.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of I-85 Chamber Group for a luncheon, March 6, 1990, south lawn of the State House.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Electric Cooperatives of South Carolina for a Legislative Appreciation dinner, March 6, 1990, 6:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Coalition of Law Enforcement and Correctional Associations for a coffee reception, March 7, 1990, 9:00 A.M. - 11:00 A.M., in the State House lobby.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Realtors for a luncheon reception, March 7, 1990, after receding for lunch, at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of DuPont Company for a reception, March 7, 1990, 6:00 P.M. - 8:00 P.M. at the Marriott.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Textile Manufacturers Association for the annual meeting, March 8-10, 1990, Hyatt Hotel in Hilton Head Island, S.C.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The County Directors and Supervisors Association of the S.C. Department of Social Services for a reception, March 13, 1990, 6:00 P.M. - 8:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Board of Visitors of Clemson University for a reception, March 13, 1990, 8:00 P.M. - 10:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. State Firemen's Association for a luncheon, March 14, 1990, 12:30 P.M. - 2:30 P.M. on the campus of the S.C. Fire Academy, West Columbia.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Regional Councils for a reception, March 14, 1990, 6:00 P.M. - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Chapter of the National Association of Social Workers for a reception, March 14, 1990, 8:00 P.M. - 10:00 P.M., at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Women Involved in Farm Economics for breakfast, March 15, 1990, 8:00 A.M. - 10:00 A.M. in the State House lobby.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Independent Consumer Finance Association of S.C. for a reception, March 20, 1990, 6:00 P.M. - 8:00 P.M. at the Town House.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of National Guard Association of S.C. for a reception, March 20, 1990, 8:00 P.M. - 10:00 P.M. at the National Guard Armory.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Federation of Older Americans for a luncheon, March 21, 1990, 12:30 P.M., at the Marriott.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Medical Association for a reception, March 21, 1990, 6:30 P.M. - 9:00 P.M. at the Capital City Club.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Municipal Association of S.C. for a reception, March 28, 1990, 6:30 P.M. - 8:00 P.M. at the Radisson.

The invitation was accepted.

INTRODUCTION OF BILLS

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

H. 4713 -- Reps. Hayes, Kinon, Wilkins, McAbee, Harrison, McKay, Felder and McGinnis: A BILL TO AMEND SECTION 42-7-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKER'S COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD.

Referred to Committee on Ways and Means.

H. 4714 -- Reps. McTeer, Felder, Winstead and McLellan: A BILL TO AMEND SECTION 42-7-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKER'S COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD.

Referred to Committee on Ways and Means.

H. 4715 -- Rep. McElveen: A BILL TO AMEND SECTION 7-7-502, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PLACES IN SUMTER COUNTY, SO AS TO CHANGE THE VOTING PLACE FOR THE CHERRYVALE PRECINCT FROM CHERRYVALE FIRE STATION TO CHERRYVALE ELEMENTARY SCHOOL.

Referred to Sumter Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 4712 -- Reps. Townsend, J.C. Johnson, Beasley, P. Harris, Kirsh, McTeer, McLeod, Mattos, Tucker, Blanding, Jaskwhich, Chamblee, Cooper and Davenport: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF REORGANIZING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO REQUIRE THE COMMITTEE TO MAKE ITS REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 31, 1991.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

H. 4613--ORDERED TO THIRD READING

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

H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER l7, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, by Rep. L. MARTIN.

Rep. SHEHEEN continued speaking and moved to table the amendment, which was agreed to by a division vote of 47 to 15.

Rep. T.M. BURRISS proposed the following Amendment No. 3 (Doc. No. 0832o), which was tabled.

Amend the bill, as and if amended, by adding a new Section 2-17-55 immediately after Section 2-17-50 of the 1976 Code to read:

/Section 2-17-55. In addition to the provisions of Chapter 13 of Title 8, any member of the General Assembly who represents or is retained by a corporation or other business entity whose activities in full or in part are regulated by a regulatory agency of this State, not including the Tax Commission and the Secretary of State, must report annually all fees or compensation received from this representation and all expenses incurred by him in this representation./

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

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

Rep. T.M. BURRISS proposed the following Amendment No. 4 (Doc. No. 0833o), which was tabled.

Amend the bill, as and if amended, by adding a new Section 2-17-56 immediately after Section 2-17-50 of the 1976 Code to read:

/Section 2-17-56. Any member of the General Assembly who represents a corporation or other business entity before a regulatory agency of this State in the manner allowed by law must report annually all fees or compensation received from this representation and all expenses incurred by him in this representation./

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

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

Rep. WINSTEAD proposed the following Amendment No. 5, which was tabled.

Amend, as and if amended, Chapter 17, Title 2 of 4613 to say: Any person who is working for any special interest must file as a lobbyists.

Amend title and section to conform.

Rep. WINSTEAD explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. G. BAILEY a leave of absence for the remainder of the day.

Rep. McEACHIN spoke against the amendment.

Rep. FELDER spoke in favor of the amendment.

Rep. SHEHEEN moved to table the amendment.

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

The amendment was then tabled by a division vote of 49 to 26.

Rep. SHEHEEN explained the Bill.

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

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

Yeas 109; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Glover                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Koon                   Limehouse              Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
Wilder                 Wilkes                 Wilkins
Williams, J.           Winstead               Wofford
Wright

Total--109

Those who voted in the negative are:

Total--0

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

Rep. McCAIN moved that the House do now adjourn.

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

Yeas 40; Nays 57

Those who voted in the affirmative are:

Altman                 Bailey, J.             Bennett
Boan                   Brown, H.              Brown, J.
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Corning                Faber
Fant                   Foster                 Harris, J.
Harris, P.             Harrison               Harvin
Hendricks              Kirsh                  Limehouse
Mappus                 Martin, L.             McAbee
McBride                McCain                 McGinnis
McKay                  Nesbitt                Nettles
Rogers, T.             Simpson                Snow
Sturkie                Taylor                 Waites
Washington             Wells                  Whipper
Williams, J.

Total--40

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Barber                 Barfield               Baxley
Beasley                Blackwell              Blanding
Brown, G.              Brown, R.              Chamblee
Cole                   Cooper                 Corbett
Cork                   Elliott                Fair
Farr                   Felder                 Gentry
Gregory                Hallman                Haskins
Hayes                  Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kinon                  Klapman                Lanford
Manly                  McEachin               McElveen
McLeod                 McTeer                 Moss
Quinn                  Rama                   Rudnick
Sharpe                 Sheheen                Smith
Townsend               Tucker                 Vaughn
Waldrop                Wilder                 Wilkins
Winstead               Wofford                Wright

Total--57

So, the House refused to adjourn.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

MOTION REJECTED

Rep. R. BROWN moved that the House recur to the morning hour, which was not agreed to.

H. 3517--MOTION TO RECONSIDER TABLED

Rep. T.M. BURRISS moved to reconsider the vote whereby the following Bill was given a second reading.

H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.

Rep. KIRSH moved to table the motion to reconsider, which was agreed to.

H. 3848--OBJECTIONS

Rep. FARR withdrew his objection to the following Bill whereupon objections were raised by Reps. FANT and BLANDING.

H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Reps. HARRISON and LIMEHOUSE a leave of absence for the remainder of the day.

H. 3723--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

Rep. WILKINS explained the Senate amendment.

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

H. 3122--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.

Reps. HAYES and HASKINS explained the Senate amendment.

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

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

ADJOURNMENT

At 12:05 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.

* * *


This web page was last updated on Tuesday, June 30, 2009 at 1:21 P.M.