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

THURSDAY, FEBRUARY 22, 1990

Thursday, February 22, 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:

On this traditional birthday of George Washington, let us pray the prayer that he offered for our Country:

"Almighty God, we make our earnest prayer that Thou wilt keep the United States in Thy holy protection, that Thou wilt incline the hearts of the citizens to cultivate a spirit of subordination and obedience to government and entertain a brotherly affection and love for one another and for their fellow citizens of the United States at large. And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and to demean ourselves with that charity, humility, and public temper of mind which were the characteristics of the Divine Author of our blessed religion, and without a humble imitation of Whose example in these things, we can never hope to be a happy Nation. Grant our supplications, we beseech Thee, through Jesus Christ our Lord. 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.

REPORT RECEIVED

The Joint Insurance Study Committee Report was received and will be printed in the Senate Journal on Friday, February 23.

COMMUNICATION

The following was received.

The family of Sadie A. McLeod acknowledges with grateful appreciation your kind expression of sympathy.

Dear Members,

Thank you so much for the gorgeous spray of pink carnations that you sent in memory of Mac's mother. We all are so appreciative of your kindness and thank you for all your prayers.

Fondly,
Mac and Joan McLeod

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.

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.

REPORTS OF STANDING COMMITTEES

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

H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.

Ordered for consideration tomorrow.

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

H. 4474 -- Rep. Moss: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, SO AS TO PROVIDE FOR THE LICENSURE OF NURSING HOME ADMINISTRATORS, PRESCRIBE CONDUCT FOR DISCIPLINARY ACTION, AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, INCLUDING THOSE FOR THE ISSUANCE OF LICENSE AND DISCIPLINARY PROCEEDINGS.

Ordered for consideration tomorrow.

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

H. 4349 -- Rep. McCain: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING AND UTTERING CHECKS, SO AS TO PROVIDE THAT WHERE THE ACCOUNT OF THE MAKER OR DRAWER OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER WAS CLOSED BEFORE THE DATE OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER, A PERSON OTHERWISE ENTITLED TO INSTITUTE PROSECUTION UNDER THE PROVISIONS OF THIS SECTION MAY DO SO WITHOUT GIVING THE NOTICE REQUIRED BY THIS SECTION.

Ordered for consideration tomorrow.

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

H. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1312 -- Senators Passailaigue, McConnell, McLeod, Martschink and Fielding: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF MR. ROBERT BARNWELL STALL OF NORTH CHARLESTON WHO DIED SUNDAY, FEBRUARY 18, 1990.

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

INTRODUCTION OF BILLS

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

H. 4716 -- Reps. Whipper, Winstead, Wilkes, White, Holt, Washington, D. Martin, Barber, Kohn, Keyserling, G. Bailey, Waites and J. Bailey: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

Referred to Committee on Judiciary.

H. 4717 -- Rep. Elliott: A BILL TO AMEND SECTION 61-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES AND PERMITS ISSUED BY THE ALCOHOL BEVERAGE CONTROL COMMISSION AND A PROVISION WHICH STIPULATES THAT WHEN A LICENSE OR PERMIT IS SUSPENDED OR REVOKED, NO PERSON WITH A FINANCIAL INTEREST IN THE BUSINESS OR PREMISES AND NO PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON HOLDING THAT LICENSE OR PERMIT MAY BE ISSUED A LICENSE OR PERMIT FOR THE PREMISES CONCERNED, SO AS TO PERMIT THE COMMISSION IN ITS DISCRETION TO ISSUE A LICENSE OR PERMIT TO THESE PERSONS IN JUSTIFIABLE CASES, AND TO AMEND SECTION 61-13-515, RELATING TO LICENSES AND PERMITS ISSUED BY THE COMMISSION, SO AS TO CONFORM THIS SECTION TO THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

S. 1036 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO REDEFINE PERMISSIBLE "BOTTLE TYPE ROCKETS".

Referred to Committee on Labor, Commerce and Industry.

S. 1283 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1284 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SECTION 401 WATER QUALITY CERTIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1092, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

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.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Corbett                Cork
Derrick                Elliott                Faber
Fair                   Farr                   Ferguson
Foster                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Johnson, J.W.
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                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                  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 22, 1990.

Ennis M. Fant                     Michael F. Jaskwhich
J. Derham Cole                    Ken Bailey
Ralph Davenport                   Olin R. Phillips
Steve Lanford                     M.D. Burriss
Roland S. Corning                 James C. Johnson
Rick Quinn                        Larry Gentry
C. Alex Harvin, III               John G. Felder
Total Present--121

LEAVES OF ABSENCE

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

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

STATEMENT OF ATTENDANCE

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

C. Alex Harvin, III

DOCTOR OF THE DAY

Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.

HOUSE RESOLUTION

The following was introduced:

H. 4718 -- Reps. Gordon, Snow and Harvin: A HOUSE RESOLUTION TO COMMEND ALEX CHATMAN, THE WILLIAMSBURG COUNTY SUPERVISOR, AND HIS STAFF MEMBER, MS. EDNA HAMPTON, AND THE MEMBERS OF THE WILLIAMSBURG COUNTY COUNCIL FOR THEIR TREMENDOUS EFFORTS THROUGHOUT HURRICANE HUGO AND ITS AFTERMATH.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4719 -- Rep. Kirsh: A HOUSE RESOLUTION AUTHORIZING THE CLERK OF THE HOUSE TO PRINT AT LEAST ONE THOUSAND BOOKLETS CONTAINING THE COLLECTED OPENING PRAYERS OF THE HOUSE CHAPLAIN DURING THE 1990 SESSION OF THE GENERAL ASSEMBLY AND AN ADDITIONAL NUMBER SUFFICIENT TO ALLOW INDIVIDUAL MEMBERS TO RECEIVE AN EXTRA ALLOCATION OF BOOKLETS, NOT TO EXCEED TWENTY-FIVE.

Be it resolved by the House of Representatives:

That the Clerk of the House is authorized to print at least one thousand booklets containing the collected opening prayers of the House chaplain during the 1990 session of the General Assembly and an additional number sufficient to allow individual members to receive an extra allocation of booklets, not to exceed twenty-five.

The Resolution was adopted.

SENT TO THE SENATE

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

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. 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. 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.

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.

H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, 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.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 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.

S. 233--AMENDED AND ORDERED TO THIRD READING

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. T.M. BURRISS proposed the following Amendment No. 11 (Doc. No. 0846o), which was adopted.

Amend the bill, as and if amended, in Section 29-6-50 of the 1976 Code, by adding the following at the end of the section:

/Nothing in this chapter shall prohibit owners, contractors, and subcontractors, on private construction projects only, from agreeing by contract to rates of interest and payment periods different from those stipulated in this section, and in this event, these contractual provisions shall control./

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

The amendment was then adopted.

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

H. 3878--AMENDED AND ORDERED TO THIRD READING

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 21, by the Committee of Medical, Military, Public and Municipal Affairs.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 4615 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.

H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.

Rep. SNOW explained the Bill.

H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4648 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4656 -- Rep. Blanding: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.

H. 4615--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. CORBETT, with unanimous consent, it was ordered that H. 4615 be read the third time tomorrow.

H. 4646--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4646 be read the third time tomorrow.

H. 4647--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4647 be read the third time tomorrow.

H. 4648--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4648 be read the third time tomorrow.

H. 4656--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 4656 be read the third time tomorrow.

H. 3210--OBJECTIONS

The following Bill was taken up.

H. 3210 -- Reps. Bruce, O. Phillips, Farr, Sturkie, Carnell, Kohn, Waldrop, Haskins, Sharpe, Barfield, McCain, Cork, Holt, Fant, Derrick, Rama, M.D. Burriss, Wright, G. Bailey, Ferguson, Nesbitt, D. Williams, Lockemy, McBride, Cole, Faber, Washington, Wofford, McGinnis, Littlejohn, Hearn, Wells, Davenport, Elliott, Rhoad, Burch, Corbett, Moss, Foster, Felder, Corning and Clyborne: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Rep. BRUCE explained the Bill.

Rep. RUDNICK spoke against the Bill.

Rep. SIMPSON moved to adjourn debate upon the Bill.

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

Reps. R. BROWN, SIMPSON, HENDRICKS, D. WILLIAMS, K. BAILEY and J. BAILEY objected to the Bill.

H. 3596--OBJECTION, AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0218X), which was adopted.

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 50-11-356.It is unlawful to discharge a gun or weapon within three hundred yards of a chicken layer or broiler house containing live chickens without permission of the owner. Anyone 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 not more than thirty days. The provisions of this section do not apply to a landowner discharging a gun or weapon on his own land."

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

Amend title to conform.

Rep. RHOAD explained the amendment.

Rep. KLAPMAN objected to the Bill.

Rep. RHOAD continued speaking.

The amendment was then adopted.

Rep. RHOAD explained the Bill.

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

H. 4246--OBJECTIONS

The following Bill was taken up.

H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0512X).

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

/SECTION 1.     Chapter 93, Title 44 of the 1976 Code is amended by adding:

"Section 44-93-210.     (A) Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.

(B)     The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.

(C)     For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."

SECTION 2.     From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.

SECTION 3.     The provisions of this act must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's degree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of this act which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.

SECTION 4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. SHARPE explained the amendment.

Reps. WRIGHT, WILKES and RAMA objected to the Bill.

H. 4341--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0409X), which was adopted.

Amend the resolution, as and if amended, by adding after Section 1:

/SECTION 2.     The 1976 Code is amended by adding:

"Section 49-29-220.     To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, camping activities are encouraged to be included in the comprehensive management plans of all classes of scenic rivers when that activity does not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land."/

Renumber sections to conform.

Amend title to read:

/A JOINT RESOLUTION

TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-220 SO AS TO INCLUDE CAMPING ACTIVITIES IN SCENIC RIVERS MANAGEMENT PLANS./

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

H. 4355--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0254X), which was adopted.

Amend the Joint Resolution, as and if amended, Section 1, by striking /January 31, 1990/ on line 5 and inserting /April 1, 1990/.

Amend title to conform.

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

LEAVE OF ABSENCE

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

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

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

H. 3169--OBJECTIONS WITHDRAWN

Reps. CARNELL and WALDROP withdrew their objections to the following Bill.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

H. 3450--OBJECTIONS WITHDRAWN

Reps. BLANDING and BAXLEY withdrew their objections to the following Bill.

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

RECURRENCE TO THE MORNING HOUR

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

Rep. R. BROWN moved to table the motion, which was not agreed to.

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

INTRODUCTION OF BILLS

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

H. 4720 -- Reps. Jaskwhich, Rama, Mappus, Blackwell, Farr, Quinn, Phillips, Vaughn, Wright, Keegan and Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PUPIL TO ATTEND A PUBLIC SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.

Referred to Committee on Education and Public Works.

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING.

Referred to Committee on Ways and Means.

H. 4722 -- Reps. Sharpe, J. Rogers and Wilkes: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48 THE SOUTH CAROLINA MINING ACT.

Referred to Committee on Agriculture and Natural Resources.

H. 4723 -- Reps. M.O. Alexander and T.C. Alexander: A BILL TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR THE RETAIL LICENSE, SO AS TO CONSOLIDATE THE PROVISIONS GOVERNING SPECIAL RETAIL LICENSES AND EXEMPTIONS FROM THE RETAIL LICENSE REQUIREMENT, TO CLARIFY THE LICENSE REQUIREMENTS FOR RETAILERS CONDUCTING A TRANSIENT OR TEMPORARY BUSINESS, AND TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR A SPECIAL SALES TAX RETURN FOR SPECIAL EVENTS IN LIEU OF THE RETAIL LICENSE REQUIREMENTS AND DISCOUNT PROVISIONS, AND TO PROVIDE DEFINITIONS AND TO AUTHORIZE THE TAX COMMISSION TO DETERMINE WHICH LICENSE A RETAILER MUST OBTAIN.

Referred to Committee on Ways and Means.

H. 4724 -- Reps. Limehouse, Neilson, Mappus, McLeod, Taylor, Ferguson, G. Bailey, Derrick, T.C. Alexander, Wells, T.M. Burriss, R. Brown, M.O. Alexander, L. Martin, J. Bailey, Koon and Kohn: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.

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

PARLIAMENTARY INQUIRY

Rep. HASKINS, citing Rule 5.17, inquired about the time remaining in the uncontested period and if a Bill, H. 3169, that had been previously moved from the contested calendar to the uncontested calendar would be up for immediate consideration.

The SPEAKER stated that the Bill would not be up for immediate consideration, but would go in its place on the uncontested calendar and if the House reached it, then it would be up for consideration.

H. 3780--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3780 -- Reps. Corbett, Elliott, Hearn, Manly, Felder, Keegan, McBride, Ferguson, Littlejohn, Baxley, M.O. Alexander, Haskins, Davenport, Wells, McKay, Neilson, Phillips, McGinnis, Baker, Moss, J. Brown, G. Bailey, Wright, Lanford, Huff, R. Brown, Waites, Wofford, Vaughn, J.C. Johnson, J. Rogers and Farr: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATIONS FOR A MOTOR VEHICLE DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO MAKE IT UNLAWFUL FOR A PERSON KNOWINGLY TO ALLOW HIS PERSONAL IDENTIFICATION DOCUMENTS TO BE USED BY ANOTHER FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-512, SO AS TO REQUIRE THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING SECTION 56-1-510 TO BE SUSPENDED FOR SIX MONTHS AND TO REQUIRE CONVICTIONS TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0134X), which was adopted.

Amend the bill, as and if amended, Section 56-1-512, as contained in SECTION 2, by adding at the end:

/A person whose driver's license or permit is suspended for violation of this section is not required to file proof of financial responsibility./

Amend title to conform.

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

H. 4379--DEBATE ADJOURNED

Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.

H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.

S. 627--DEBATE ADJOURNED

Rep. BRUCE moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.

S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.

H. 3481--DEBATE ADJOURNED

The following Bill was taken up.

H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.

POINT OF ORDER

Rep. RUDNICK 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 overruled the Point of Order.

Rep. H. BROWN moved to adjourn debate upon the Bill, which was rejected.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 559X).

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

/SECTION     1.     Section 44-63-40 of the 1976 Code, as last amended by Act 341 of 1988, is further amended to read:

"Section 44-63-40.     The state registrar shall appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death shall forward these reports to the county registrar. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar shall carry out the duties formerly carried out by local registrars without additional compensation. The county registrar shall appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar shall require the coroner of the county to issue Burial-Removal-Transit Permits for violent, accidental, and unattended deaths occurring outside hospitals, nursing homes, or other institutions. The department shall revise the form for Burial-Removal-Transit Permits so that there is an appropriate space where a coroner, or his designee, may check that he has spoken with a physician, EMT personnel, or other person whom the coroner judges to be qualified, to verify the fact of death, but that the coroner has not physically examined the body and therefore may not be held liable for actions arising after the signature of the Burial-Removal-Transit Permit. Those deaths are to be classified as 'reported but not investigated'."

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

Renumber sections to conform.

Amend title to conform.

Rep. BAKER explained the amendment and moved to adjourn debate upon the Bill, which was adopted.

H. 4379--RECONSIDERED, AMENDED AND
ORDERED TO THIRD READING

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

H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.

Rep. J.C. JOHNSON proposed the following Amendment No. 1 (Doc. No. 0817o), which was adopted.

Amend the bill, as and if amended, in Section 59-121-55 of the 1976 Code by striking the second sentence of subsection (C) in its entirety.

Amend title to conform.

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

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

H. 4379--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J.C. JOHNSON, with unanimous consent, it was ordered that H. 4379 be read the third time tomorrow.

Rep. McLELLAN moved that the House do now adjourn.

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

Yeas 11; Nays 87

Those who voted in the affirmative are:

Elliott                Foster                 Gordon
Hodges                 Kirsh                  Mattos
McTeer                 Rogers, T.             Simpson
Williams, D.           Williams, J.

Total--11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, K.             Baker                  Barber
Baxley                 Beasley                Bennett
Blanding               Boan                   Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Faber                  Fair                   Fant
Farr                   Ferguson               Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Haskins                Hayes
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kinon                  Koon
Lanford                Littlejohn             Mappus
Martin, D.             Martin, L.             McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rudnick                Sharpe
Sheheen                Short                  Smith
Stoddard               Sturkie                Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Wilkins
Winstead               Wofford                Wright

Total--87

So, the House refused to adjourn.

H. 4403--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.

H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.

ORDERED TO THIRD READING

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

H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.

H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.

H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.

S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.

S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.

S. 1260 -- Senator Macaulay: A BILL TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.

H. 4684--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 4684 be read the third time tomorrow.

H. 4687--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4687 be read the third time tomorrow.

H. 4688--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4688 be read the third time tomorrow.

H. 4689--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4689 be read the third time tomorrow.

H. 4690--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4690 be read the third time tomorrow.

H. 4692--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. D. WILLIAMS, with unanimous consent, it was ordered that H. 4692 be read the third time tomorrow.

S. 1178--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WAITES, with unanimous consent, it was ordered that S. 1178 be read the third time tomorrow.

S. 1191--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WINSTEAD, with unanimous consent, it was ordered that S. 1191 be read the third time tomorrow.

S. 1260--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. T.C. ALEXANDER, with unanimous consent, it was ordered that S. 1260 be read the third time tomorrow.

H. 4480--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.

H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.

H. 4484--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4484 -- Rep. Farr: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 101 SO AS TO ENACT THE AIDS PUBLIC SAFETY AND TESTING DISCLOSURE ACT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0644X), which was adopted.

Amend the bill, as and if amended, by striking the last paragraph of Section 1 and inserting:

/     It is the intent of this act to supersede in case of conflict, existing statutes, except as provided in Section 44-101-60 of Section 2 of this act, or case law on the subjects covered including, but not limited to, confidentiality and consent provisions of law./

Amend the bill, further, by adding at the end of Section 2:

/"Section 44-101-60. No provision of this chapter supercedes or affects Section 44-29-135. The provisions of this chapter do not, under any circumstances, allow access to information and records held by the Department of Health and Environmental Control in violation of Section 44-29-135. The records of the Department of Health and Environmental Control are strictly confidential and privileged under Section 44-29-135. The Department of Health and Environmental Control is not required to conduct the testing allowed by this chapter."/

Amend title to conform.

Rep. BAKER explained the amendment.

The amendment was then adopted.

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

S. 1080--DEBATE ADJOURNED

The following Bill was taken up.

S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.

Rep. WOFFORD moved to adjourn debate upon the Bill.

Rep. CHAMBLEE moved to table the motion, which was not agreed to.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 22, 1989

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:20 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HUFF the invitation was accepted.

H. 4686--TABLED

The following Bill was taken up.

H. 4686 -- Rep. Huff: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SERTOMA CLUB OF NORTH AUGUSTA, SOUTH CAROLINA IN AIKEN COUNTY.

Rep. HUFF moved to table the Bill, which was agreed to.

H. 3412--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 3935--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4293--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4450--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 443--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 883--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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 -- 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.

POINT OF ORDER

Rep. J. ROGERS 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. 1153--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 1154--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 1156--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 1171--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 3866--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4254--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4263--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4267--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4444--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4483--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4553--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 792--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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. 4701--POINT OF ORDER

The following Joint Resolution was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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.

H. 4702--POINT OF ORDER

The following Joint Resolution was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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.

H. 4708--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. J. ROGERS 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.

Rep. COOPER moved that the House do now adjourn.

POINT OF ORDER

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

H. 3169--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 15, by Reps. McELVEEN, McLEOD, BLANDING, BAXLEY and G. BROWN.

Rep. McELVEEN explained the amendment.

Rep. WALDROP moved to table the amendment.

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

Yeas 74; Nays 32

Those who voted in the affirmative are:

Altman                 Bailey, G.             Bailey, J.
Baker                  Beasley                Bennett
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corning                Derrick
Elliott                Fair                   Ferguson
Gregory                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Holt                   Jaskwhich              Johnson, J.W.
Keegan                 Kinon                  Klapman
Kohn                   Koon                   Lanford
Limehouse              Littlejohn             Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McGinnis               McKay                  Moss
Nesbitt                Nettles                Rama
Rhoad                  Rogers, J.             Sharpe
Short                  Simpson                Smith
Stoddard               Sturkie                Townsend
Tucker                 Vaughn                 Waldrop
Wells                  Whipper                Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--74

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Barber                 Baxley                 Blanding
Brown, G.              Corbett                Cork
Fant                   Foster                 Gentry
Hallman                Hayes                  Hendricks
Hodges                 Huff                   Johnson, J.C.
Keesley                Keyserling             Kirsh
Manly                  McElveen               McLeod
McTeer                 Neilson                Quinn
Rogers, T.             Rudnick                Sheheen
Waites                 Williams, J.

Total--32

So, the amendment was tabled.

Reps. McELVEEN, McLEOD, BLANDING, BAXLEY and G. BROWN proposed the following Amendment No. 5.

Amend 44-56-35 by adding:

Every existing facility shall be deemed a new facility for the purposes of meeting the site suitability or location standards or regulations promulgated by the department.

Rep. McLEOD explained the amendment.

Further proceedings were interrupted by the ratification of Acts, the pending question being consideration of Amendment No. 5, Rep. McLEOD having the floor.

RATIFICATION OF ACTS

At 11:20 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R368) S. 833 -- Senator Martin: AN ACT TO AMEND SECTION 7-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO CHANGE THE DATE OF THE OFFICIAL MAP DESIGNATING THE PRECINCTS PREPARED BY AND ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD WHICH SHOWS CHANGES IN THE BOUNDARIES OF DUTCHMAN CREEK AND MITFORD PRECINCTS.

(R369) H. 3639 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION.

(R370) H. 4518 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD FOR SOCIAL WORK EXAMINERS, RELATING TO LICENSING, CONTINUING EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R371) H. 4517 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO LICENSING, CONTINUING EDUCATION, AND APPRENTICESHIPS OF OPTICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R372) H. 3852 -- Rep. McLellan: AN ACT TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.

(R373) H. 3883 -- Rep. Baxley: AN ACT TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.

(R374) 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION ON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT OR FAMILY COURT FOR AN ORDER GRANTING HER THE RIGHT TO OBTAIN AN ABORTION WITHOUT THE CONSENT REQUIRED IN SECTION 44-41-31, TO PROVIDE PROCEDURES FOR THE FILING OF THE PETITION, TO REQUIRE THE COURT TO ENTER A WRITTEN ORDER STATING FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ITS DECISION, TO PROVIDE THAT IF THE FATHER OF A CHILD BORN AFTER THE DENIAL OF A PETITION IS IDENTIFIED BY ADJUDICATION HE SHALL SHARE IN THE EXPENSES OF THE DELIVERY AND REARING OF THE CHILD AS DETERMINED BY THE COURT, TO PROVIDE A RIGHT OF APPEAL BY A MINOR TO THE SUPREME COURT ON A DECISION RENDERED PURSUANT TO SECTION 44-41-33, TO PROVIDE THAT FAILURE TO OBTAIN REQUIRED CONSENT CONSTITUTES PRIMA FACIE EVIDENCE OF INTERFERENCE WITH FAMILY RELATIONS IN AN APPROPRIATE CIVIL ACTION, TO PROVIDE A PENALTY FOR A PERSON WHO INTENTIONALLY PERFORMS AN ABORTION WITH KNOWLEDGE THAT, OR RECKLESS DISREGARD AS TO WHETHER, THE PERSON UPON WHOM THE ABORTION IS TO BE PERFORMED IS AN UNEMANCIPATED MINOR, AND WHO INTENTIONALLY OR KNOWINGLY FAILS TO CONFORM TO ANY REQUIREMENT IN SECTIONS 44-41-10 THROUGH 44-41-36, AND TO PROVIDE THAT A PHYSICIAN OR OTHER PROFESSIONAL PERSON OR AGENCY COUNSELING OR DISCUSSING WITH A MINOR THE QUESTION OF HER OBTAINING AN ABORTION SHALL FULLY INFORM HER OF THE PROCEDURES SHE MUST FOLLOW UNDER THE LAW TO OBTAIN AN ABORTION WITHOUT THE CONSENT REQUIRED IN SECTION 44-41-31; TO AMEND SECTION 44-41-10, RELATING TO DEFINITIONS USED REGARDING THE REGULATION OF THE PERFORMANCE OF AN ABORTION, SO AS TO DEFINE "MINOR", "EMANCIPATED MINOR", AND "IN LOCO PARENTIS", AND REDEFINE "ABORTION"; TO AMEND SECTION 44-41-30, RELATING TO PERSONS FROM WHOM CONSENT IS REQUIRED TO PERFORM AN ABORTION, SO AS TO PROVIDE THAT CONSENT IS REQUIRED BEFORE THE PERFORMANCE OF AN ABORTION FROM A PREGNANT WOMAN IN EVERY CASE AND IN THE CASE OF A MINOR IT MUST BE OBTAINED PURSUANT TO THE PROVISIONS OF SECTION 44-41-31, PROVIDE FOR THE OBTAINING OF CONSENT OF A WOMAN WHO IS UNDER ADJUDICATION OF MENTAL INCOMPETENCE, AND PROVIDE FOR THE WAIVER OF CONSENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-41-60, RELATING TO THE REPORTING OF ABORTIONS, SO AS TO PROVIDE THAT THE FORM ON WHICH THE ABORTION IS REPORTED MUST INDICATE FROM WHOM CONSENT WAS OBTAINED OR CIRCUMSTANCES WAIVING CONSENT.

(R375) H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: AN ACT TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE QUESTION ON THE BALLOT AND THE MANNER IN WHICH THE BALLOT IS EXECUTED, AND TO AUTHORIZE THE RESTORATION OF THE CHARTER OF THE SERTOMA CLUB OF NORTH AUGUSTA.

(R376) H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.

(R377) H. 4546 -- Rep. Sheheen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.

(R378) H. 3723 -- Reps. Wilkins, McElveen and Huff: AN ACT TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO PROVIDE FOR THE REQUIREMENTS OF A PARENT'S PETITION TO CHANGE THE NAME OF HIS MINOR CHILD, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

(R379) H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.

THE HOUSE RESUMES

At 11:30 A.M. the House resumed, the SPEAKER in the Chair.

H. 3169--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. McLEOD having the floor.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

Debate was resumed on Amendment No. 5, by Reps. McELVEEN, McLEOD, et al.

Rep. McLEOD continued speaking.

Rep. McELVEEN spoke in favor of the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 5, Rep. McELVEEN having the floor.

RECURRENCE TO THE MORNING HOUR

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

Rep. SHAPRE moved to table the motion.

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

Yeas 0; Nays 93

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Beasley
Bennett                Blanding               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                Fant
Farr                   Foster                 Gentry
Gregory                Hallman                Harris, P.
Harrison               Haskins                Hayes
Hendricks              Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             McAbee
McCain                 McEachin               McElveen
McLeod                 Moss                   Neilson
Nettles                Quinn                  Rama
Rhoad                  Rogers, J.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Stoddard
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
Wilkes                 Williams, D.           Williams, J.
Winstead               Wofford                Wright

Total--93

So, the House refused to table the motion.

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

INTRODUCTION OF BILL

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

H. 4725 -- Rep. Derrick: A BILL TO AMEND SECTION 36-4-104, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO BANK DEPOSITS AND COLLECTIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITION OF "BANKING DAY" TO EXCLUDE SATURDAY.

Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4726 -- Reps. Baxley, Blanding, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1989 NATIONAL IBM TEACHER OF THE YEAR, RITA BEARD, A BUSINESS TEACHER AT HILLCREST HIGH SCHOOL IN SUMTER COUNTY, AND TO CONGRATULATE HER FOR HER MANY ACCOMPLISHMENTS IN AND CONTRIBUTIONS TO HER FIELD.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1313 -- Senators Passailaigue, Fielding and McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE THE INDUSTRIOUS FAMILIES OF NORTH CHARLESTON WHO LIVED IN THE GARCO MILL VILLAGE AND WHOSE CONTRIBUTIONS HELPED TO MAKE THAT CITY DYNAMIC AND CONTINUE TO INSPIRE ITS CITIZENS.

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

H. 3169--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5, Rep. McELVEEN having the floor.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5, by Reps. McELVEEN, McLEOD, et al.

Rep. McELVEEN continued speaking.

Rep. BAXLEY spoke in favor of the amendment.

Rep. CARNELL moved to table the amendment.

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

Yeas 71; Nays 30

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Bailey, J.
Baker                  Beasley                Bennett
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corning                Davenport
Faber                  Fair                   Fant
Foster                 Gentry                 Gregory
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Holt
Jaskwhich              Johnson, J.W.          Keegan
Kinon                  Klapman                Kohn
Koon                   Lanford                Littlejohn
Martin, L.             Mattos                 McAbee
McBride                McCain                 McKay
Moss                   Nesbitt                Nettles
Rama                   Rhoad                  Rogers, J.
Sharpe                 Short                  Simpson
Smith                  Stoddard               Sturkie
Tucker                 Vaughn                 Waldrop
Washington             Wells                  Wilkes
Wilkins                Williams, D.           Winstead
Wofford                Wright

Total--71

Those who voted in the negative are:

Alexander, M.O.        Bailey, K.             Barber
Barfield               Baxley                 Blanding
Brown, G.              Corbett                Cork
Elliott                Hallman                Harvin
Hayes                  Hendricks              Keesley
Keyserling             Kirsh                  Manly
Mappus                 Martin, D.             McEachin
McElveen               McLeod                 McTeer
Neilson                Quinn                  Rogers, T.
Rudnick                Sheheen                Waites

Total--30

So, the amendment was tabled.

Rep. McLEOD spoke in favor of the Bill.

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

Rep. McLEOD 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.        Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                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
Elliott                Faber                  Fant
Farr                   Ferguson               Foster
Gentry                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Stoddard               Sturkie
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                Wilkes                 Wilkins
Williams, D.           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.

RECORD FOR VOTING

I was in the Senate Chamber at the time of the vote on H. 3169. Had I been in the Chamber, I would have voted for the Bill.
Rep. PAUL DERRICK

STATEMENT FOR JOURNAL

I am voting in favor of H. 3169 because the Bill will not adversely affect the ability of industry in my district to properly dispose of their hazardous wastes.

The Bill reduces the capacity at Pinewood to 110,000 tons over the next two years. However, it provides preference to in-state generators of hazardous waste. This is important to me because the hundred plus generators of hazardous wastes in Greenville County will be assured that their land disposal capacity needs at the GSX landfill will be met prior to the needs of out-of-state industry.
Rep. TERRY E. HASKINS

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4726 -- Reps. Baxley, Blanding, G. Brown, McElveen and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1989 NATIONAL IBM TEACHER OF THE YEAR, RITA BEARD, A BUSINESS TEACHER AT HILLCREST HIGH SCHOOL IN SUMTER COUNTY, AND TO CONGRATULATE HER FOR HER MANY ACCOMPLISHMENTS IN AND CONTRIBUTIONS TO HER FIELD.

ADJOURNMENT

At 11:50 A.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 10:00 A.M. tomorrow.

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