South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 13, 1991

Wednesday, February 13, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

O God, our Father, Who has invited us to "pray without ceasing," we come again asking for the establishment of peace among the people of the world. May all who bear the instruments of war bear them according to Your commandments. Regard with Your favor the President of the United States and all others in positions of leadership. Enlighten and direct them, good Lord, that all Your people may live together in righteousness and unity. Protect and prolong the lives of those in places of danger, and cause all to walk obediently according to Your commandments.

Lead us to pray in the words of the Psalmist: "Lead me into Your truths and teach me, for You are the God of my salvation" (Psalm 25:4). 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.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1336
Promulgated By Department of Health and Environmental Control
Air Pollution Control Standards, Standard No. 8, Toxic Air Pollutants (Additional Chemicals)
Received By Speaker February 12, 1991
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date June 12, 1991

Document No. 1365
Promulgated By Board of Registration For Landscape Architects
Registration, Examination, Certificate Fees, Code of Ethics
Received By Speaker February 12, 1991
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date June 12, 1991

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 13, 1991

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. BOAN, the invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Ordered for consideration tomorrow.

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

H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3240 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.

Ordered for consideration tomorrow.

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

H. 3243 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRES BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.

Ordered for consideration tomorrow.

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

H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.

Ordered for consideration tomorrow.

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

S. 562 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 18-22, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.

Ordered for consideration tomorrow.

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

H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.

Ordered for consideration tomorrow.

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

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

Ordered for consideration tomorrow.

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

H. 3086 -- Rep. Rama: 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.

Ordered for consideration tomorrow.

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

S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.

Ordered for consideration tomorrow.

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

H. 3036 -- Rep. Kirsh: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.

Ordered for consideration tomorrow.

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

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

Ordered for consideration tomorrow.

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

H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN THE SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.

Ordered for consideration tomorrow.

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

H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3501 -- Reps. Barber, Quinn, J. Bailey, Holt, Wright, Jaskwhich, Cato, Fulmer, Keegan and Haskins: A CONCURRENT RESOLUTION PETITIONING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR SUBMISSION TO THE STATES TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES HOUSE OF REPRESENTATIVES TO NO GREATER THAN SIX AND TO LIMIT THE NUMBER OF TERMS A PERSON MAY SERVE IN THE UNITED STATES SENATE TO NO GREATER THAN TWO, OR IN THE ALTERNATIVE, TO CALL A CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING SUCH AN AMENDMENT FOR SUBMISSION TO THE STATES FOR RATIFICATION.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

H. 3502 -- Rep. Kinon: A CONCURRENT RESOLUTION TO EXPRESS THE PRIDE OF THE GENERAL ASSEMBLY AND THE PEOPLE OF SOUTH CAROLINA IN THE ANDREW BETHEA FAMILY OF NEW TOWN IN DILLON COUNTY WHO HAS FIVE SONS AND A DAUGHTER-IN-LAW SERVING IN THE ARMED FORCES IN SAUDI ARABIA, AND TO INVITE MR. AND MRS. ANDREW BETHEA TO BE RECOGNIZED IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, FEBRUARY 26, 1991, AT 12:30 P.M., FOR THIS CONTRIBUTION TO THE DEFENSE OF OUR COUNTRY AND TO THE DEFENSE OF FREEDOM IN THE WORLD.

Whereas, the members of the General Assembly with great pride have learned that five brothers of the Andrew Bethea family in Dillon County are presently serving in the Armed Forces in Saudi Arabia; and

Whereas, Andrew and Lular Bethea have been married for more than fifty years and are blessed with ten children. The five Bethea brothers serving in the Army in Saudi Arabia are: First Sgt. William R. Bethea, age 47; SSG Lamont C. Bethea, age 36; SSG Charles Bethea, age 35; Sgt. Alvin Bethea, age 32; and Pvt. Donald Bethea, age 27; and

Whereas, in addition to these five brave soldiers, the wife of SSG Charles Bethea, Sgt. Lylia Bethea, is also stationed in Saudi Arabia, and a grandson, E-4 Thesaurus Grice, age 20, is in the Army stationed at Fort Stewart, Georgia; and

Whereas, the contributions of the Bethea family to the defense of freedom is a credit not only to themselves but to their State and country as well; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize this outstanding American and South Carolina family and express to them on behalf of all South Carolinians their pride and gratitude for the courage, character, and patriotism of all the members of the Bethea family and especially those who are now serving in harm's way. Now, therefore,

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

That the members of the General Assembly hereby express their pride and that of the people of South Carolina in the Andrew Bethea family of New Town in Dillon County who has five sons and a daughter-in-law serving in the Armed Forces in Saudi Arabia, and invite Mr. and Mrs. Andrew Bethea to be recognized in the Hall of the House of Representatives on Tuesday, February 26, 1991, at 12:30 P.M., for this contribution to the defense of our country and to the defense of freedom in the world.

Be it further resolved that a copy of this resolution be forwarded to Mr. and Mrs. Andrew Bethea.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3503 -- Rep. Klapman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. DORIS B. MARCHANT OF WEST COLUMBIA UPON HER DEATH.

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

CONCURRENT RESOLUTION

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

S. 355 -- Senators Nell W. Smith, Hayes, Helmly, Hinds, Holland, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, O'Dell, Patterson, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Waddell, Wilson, Giese, Courson and Passailaigue: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 13, 1991, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, thirty percent of the population of South Carolina is children; and

Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and

Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich their lives and provide better opportunities for their future; and

Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and

Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to the children and to the future of South Carolina. Now, therefore,

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

That the week beginning October 13, 1991, is designated "South Carolina Children's Week" and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.

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. 628 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND RICHLAND MEMORIAL HOSPITAL AND ITS HEART CENTER FOR THE OUTSTANDING CARE IT PROVIDES TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

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. 629 -- Senator Lourie: A CONCURRENT RESOLUTION TO COMMEND PROVIDENCE HOSPITAL AND THE PROVIDENCE HEART INSTITUTE FOR THE OUTSTANDING CARE PROVIDED TO PATIENTS IN THE MIDLANDS REGION AND THROUGHOUT SOUTH CAROLINA WHO SUFFER FROM HEART DISEASE ON THE OCCASION OF NATIONAL HEART MONTH DURING FEBRUARY.

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

CONCURRENT RESOLUTION

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

S. 646 -- Senators Lourie, Patterson, Giese and Courson: A CONCURRENT RESOLUTION TO JOIN THE COLUMBIA BRANCH NAACP IN HONORING SEVERAL MEMBERS OF THE SOUTH CAROLINA JUDICIARY FOR THEIR UNTIRING SERVICE AND DEVOTION TO THE PEOPLE OF SOUTH CAROLINA.

Whereas, the month of February is designated as Black History Month to educate all people about the African-American experience and to emphasize and celebrate the achievements and contributions of Blacks in the United States and the Caribbean, as well as other countries; and

Whereas, it is fitting during this occasion to join the Columbia Branch NAACP in recognizing those African-American members of the South Carolina Judiciary who through individual achievement and sacrifice have devoted themselves to serving the people of South Carolina as members of the Judiciary; and

Whereas, the Honorees are:

Judge Matthew J. Perry

Justice Ernest A. Finney, Jr.

Judge Jasper M. Cureton

Judge Richard E. Fields

Judge Tee Ferguson

Judge Willie T. Smith

Judge Joseph Wilson

Judge Henry C. Brown

Judge Bernard Fielding

Judge Joseph Strickland

Judge Glenn Davis

Judge Walter Jones

Judge Samuel Peay

Judge Hattie J. Sims

Judge Lincoln C. Jenkins, III

Judge Thomas Moseley

Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, honors the members of the South Carolina Judiciary so mentioned.

Be it further resolved that a copy of this resolution be forwarded to these members of the Judiciary.

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. 655 -- Senators Passailaigue, Fielding and Washington: A CONCURRENT RESOLUTION TO COMMEMORATE DELBERT LEON WOODS, AN EXTRAORDINARY MAN WHO CHAMPIONED THE CIVIL RIGHTS OF ALL PEOPLE AND EARNED THE LOVE AND RESPECT OF THE PEOPLE FROM THE LOW COUNTRY FOR HIS TIRELESS EFFORTS TO ADVANCE THEIR LIVES.

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. 3504 -- Reps. Waites, Rogers, Haskins, Quinn, Wilder, Meacham, Corning, Wright, Rama, Glover, Whipper, Tucker and Vaughn: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

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

H. 3505 -- Reps. Wilkins and Cato: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A MINOR PROHIBITED, SO AS TO PROHIBIT A PARENT OR GUARDIAN FROM ALLOWING OR PERMITTING THE CONSUMPTION OF THESE BEVERAGES BY A MINOR IN HIS HOME AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.

Referred to Committee on Labor, Commerce and Industry.

H. 3508 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.

Without reference.

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3511 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

Without reference.

H. 3512 -- Reps. Keegan, Hallman, Barber, Corbett, Rama, Baxley, M. Martin, D. Elliott, R. Young and A. Young: A BILL TO PROHIBIT THE STATE, A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, OR OTHER STATE ENTITY FROM INCREASING A TAX WITHOUT A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS AFFECTED BY THE INCREASE.

Referred to Committee on Judiciary.

H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: A BILL TO AMEND SECTIONS 61-5-60 AND 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR SUSPENSION OR REVOCATION OR NONRENEWAL OF A LICENSE TO SELL ALCOHOLIC LIQUORS AND THE ACTS WHICH ARE PROHIBITED ON PREMISES LICENSED TO SELL BEER AND WINE, SO AS TO PROHIBIT BOTTOMLESS ENTERTAINMENT AT PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AND BEER AND WINE.

Referred to Committee on Labor, Commerce and Industry.

H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO REVISE THE AREA OF ONE OF THE SANCTUARIES IN YORK COUNTY.

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

H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Referred to Committee on Labor, Commerce and Industry.

H. 3518 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-425 SO AS TO PROHIBIT A PUBLIC OFFICIAL FROM ACCEPTING A CAMPAIGN CONTRIBUTION FROM A REGISTERED LOBBYIST, BANK, LABOR ORGANIZATION, CORPORATE ENTITY, OR POLITICAL PARTY IN AN AMOUNT WHICH EXCEEDS TWO HUNDRED FIFTY DOLLARS FROM ANY GIVEN CAMPAIGN.

Referred to Committee on Judiciary.

H. 3519 -- Reps. Kirsh and Meacham: A BILL TO AMEND SECTION 30-4-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE DEFINITION OF "PUBLIC BODY" TO INCLUDE FOUNDATIONS.

Referred to Committee on Judiciary.

S. 421 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

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

S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.

POINT OF ORDER

Rep. McCAIN raised the Point of Order that S. 558 was out of order as it dealt with the raising of revenue and was inappropriately introduced in the Senate.

The SPEAKER stated that it dealt with the structure of authority of the Tax Commission and not the actual levying of taxes or the appropriation of funds and he overruled the Point of Order and ordered the Bill to the Ways and Means Committee.

Referred to Committee on Ways and Means.

S. 623 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-280, RELATING TO THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS SO AS TO PROHIBIT THEIR POSSESSION UNLESS AUTHORIZED, TO PROVIDE PENALTIES FOR POSSESSION OF A DEVICE, AND TO PROVIDE FOR THEIR FORFEITURE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3516 -- Reps. Sheheen, Burch and Baxley: A CONCURRENT RESOLUTION COMMEMORATING FEBRUARY 19, 1991, AS THE BICENTENNIAL OF THE FOUNDING OF KERSHAW COUNTY, ACKNOWLEDGING THE CONTRIBUTIONS OF THE CITIZENS OF KERSHAW COUNTY OVER THE PAST TWO HUNDRED YEARS, AND RECOGNIZING THE HISTORICAL SIGNIFICANCE OF KERSHAW COUNTY TO SOUTH CAROLINA AND THE UNITED STATES.

Whereas, Kershaw County was created by the South Carolina General Assembly on February 19, 1791, from portions of four counties in honor of Joseph Kershaw, a distinguished patriot of the American Revolution; and

Whereas, Kershaw County was formed to provide a more equitable basis for political representation and judicial administration for the citizens of the upstate; and

Whereas, Kershaw County was the site of several Revolutionary War battles, including engagements at Flat Rock, Wateree Ferry, Camden, Rugeley's Mill, Lynches Creek, and Hobkirk Hill, all of which led to the British withdrawal from the area; and

Whereas, Kershaw county is the proud home of noteworthy historical figures such as Joseph Kershaw, Mary Boykin Chestnut, Bernard Mannes Baruch, Richard B. Kirkland, and Generals James Cantey, Zack C. Deas, Joseph B. Kershaw, John D. Kennedy, and John B. Villepigue; and

Whereas, Kershaw County has an international reputation for excellence within the horse industry, hosting the renowned Carolina Cup and Colonial Cup steeplechases, as well an numerous polo matches, hunt trials, and Olympic training exercises; and

Whereas, Kershaw County has a long history of success in areas such as agriculture, the horse industry, manufacturing, and tourism and has continued to grow and prosper while maintaining its natural beauty and charm; and

Whereas, the Kershaw County Bicentennial Committee and citizens of Kershaw County are celebrating the two hundredth anniversary of the establishment of Kershaw County through various ceremonies and festivities throughout the county and believe it appropriate to highlight the Bicentennial with a ceremony in the second floor lobby of the State Capitol at 10:00 a.m., on February 19, 1991, two hundred years from the date Kershaw County was originally established. Now, therefore,

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

That the General Assembly by this resolution respectfully joins the people of Kershaw County in commemorating the Bicentennial of the founding of Kershaw County, acknowledging the contributions of the citizens of Kershaw County over the past two hundred years, and recognizing the historical significance of Kershaw County to South Carolina and the United States.

Be it further resolved that a public ceremony commemorating Kershaw County's Bicentennial is to take place in the second floor lobby of the State House at 10:00 a.m., February 19, 1991.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

RATIFICATION OF ACTS

At 2:15 P.M. the House attended in the Senate Chamber, where the following Joint Resolution was duly ratified.

(R1) H. 3445 -- Reps. Baxley, Beasley, J. Harris, Kinon and Harwell: A JOINT RESOLUTION REQUIRING A SPECIAL ELECTION TO BE CONDUCTED ON TUESDAY, MARCH 26, 1991, TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES, DISTRICT 54, IN MARLBORO COUNTY.

THE HOUSE RESUMES

At 2:25 P.M. the House resumed, the SPEAKER in the Chair.

MOTION ADOPTED

Rep. BURCH moved that when the House adjourns it adjourn in memory of Glenn Funderburk of Chesterfield County, which was agreed to.

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                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Cork                   Corning
Cromer                 Derrick                Elliott, D.
Elliott, L.            Faber                  Fair
Farr                   Felder                 Foster
Fulmer                 Gentry                 Glover
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McBride                McCain                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Short                  Smith                  Snow
Stoddard               Sturkie                Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 13.

Kenneth S. Corbett                James Shirley
Ronald P. Townsend                Steve Lanford
Total Present--118

STATEMENTS OF ATTENDANCE

Reps. MORGAN MARTIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, February 7.

DOCTOR OF THE DAY

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

ORDERED TO THIRD READING

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

H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WRIGHT explained the Joint Resolution.

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WRIGHT explained the Joint Resolution.

H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STURKIE explained the Joint Resolution.

H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

SENT TO THE SENATE

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

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.

H. 3443 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1257, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3444 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO DATES FOR PAYMENT OF ANNUAL LICENSE FEES FOR INSURANCE AGENTS, BROKERS, ADJUSTERS, AGENCIES, AND MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

H. 3011--DEBATE ADJOURNED

Rep. CORNING moved to adjourn debate upon the following Bill until Tuesday, February 19, which was adopted.

H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

S. 596--DEBATE ADJOURNED

Rep. STURKIE moved to adjourn debate upon the following Joint Resolution until Tuesday, February 19, which was adopted.

S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

OBJECTION TO RECALL

Rep. CROMER asked unanimous consent to recall H. 3351 from the Committee on Ways and Means.

Rep. MATTOS objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 3189--COMMITTED

The following Bill was taken up.

H. 3189 -- Reps. Keyserling, Manly and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT A PERSON FROM ENTERING OR EXITING A MEDICAL FACILITY AND PROVIDE PENALTIES FOR VIOLATIONS.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that H. 3189 was out of order as it dealt with a criminal provision in the law and created a new criminal offense and should have been referred to the Judiciary Committee. He further stated, citing Rule 4.3, that the Bill did not deal with medical affairs, but with the criminal offense of blocking or impeding an entrance and setting the penalties for that offense and that it could deal with any building and not just medical facilities.

The SPEAKER stated that the Bill said medical facilities only.

Rep. HASKINS further stated that nothing in the Bill dealt with medical procedures or administration of medical facilities.

Rep. ROSS stated that the Bill should be referred to Judiciary.

The SPEAKER stated that the House could make a motion to refer the Bill to Judiciary, but he had to rule on the Point of Order raised and he overruled the Point of Order.

Rep. HASKINS moved to commit the Bill to the Committee on Judiciary.

Rep. J. BAILEY moved table the motion.

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

Yeas 42; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, J.             Bailey, K.
Barber                 Baxley                 Beatty
Bennett                Brown, J.              Burch
Burriss                Chamblee               Cork
Cromer                 Elliott, L.            Faber
Farr                   Felder                 Foster
Glover                 Harris, J.             Houck
Johnson, J.W.          Kempe                  Keyserling
Manly                  Martin, M.             McBride
McGinnis               McTeer                 Neilson
Nettles                Phillips               Rogers
Rudnick                Scott                  Shirley
Stoddard               Waites                 Waldrop
Whipper                White                  Wilkes

Total--42

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Beasley                Brown, G.
Brown, H.              Bruce                  Cato
Cole                   Corbett                Corning
Derrick                Elliott, D.            Fair
Fulmer                 Gentry                 Gonzales
Gregory                Hallman                Harris, P.
Harwell                Haskins                Hayes
Holt                   Huff                   Jaskwhich
Keegan                 Keesley                Kinon
Klapman                Koon                   Littlejohn
Marchbanks             Martin, D.             Martin, L.
McCraw                 Meacham                Quinn
Rhoad                  Ross                   Sharpe
Sheheen                Smith                  Snow
Sturkie                Tucker                 Vaughn
Wells                  Wilder                 Wilkins
Williams, J.           Wofford                Wright
Young, A.              Young, R.

Total--56

So, the House refused to table the motion to commit.

The question then recurred to the motion to commit the Bill to Judiciary Committee, which was agreed to.

H. 3081--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Rep. G. BAILEY moved to adjourn debate upon the Bill until Tuesday, February 19.

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

Yeas 94; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Beatty
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Cato
Chamblee               Cole                   Cooper
Corbett                Cork                   Corning
Cromer                 Derrick                Elliott, D.
Elliott, L.            Faber                  Fair
Farr                   Felder                 Foster
Fulmer                 Gentry                 Glover
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Kempe
Keyserling             Kinon                  Klapman
Koon                   Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McBride
McCain                 McCraw                 McElveen
McGinnis               McTeer                 Neilson
Nettles                Phillips               Quinn
Rama                   Rogers                 Ross
Rudnick                Scott                  Sheheen
Snow                   Sturkie                Tucker
Vaughn                 Waites                 Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--94

Those who voted in the negative are:

Bailey, G.             Carnell                Keesley
McAbee                 Smith

Total--5

So, the motion to adjourn debate was tabled.

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

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

Yeas 97; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Bennett                Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Carnell                Cato
Chamblee               Cole                   Cooper
Corbett                Cork                   Corning
Derrick                Elliott, D.            Elliott, L.
Faber                  Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Gonzales               Gregory
Hallman                Harris, J.             Harris, P.
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Koon                   Littlejohn
Manly                  Marchbanks             Martin, L.
Martin, M.             Mattos                 McAbee
McBride                McCain                 McCraw
McElveen               McGinnis               McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Short
Smith                  Stoddard               Sturkie
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--97

Those who voted in the negative are:

Total--0

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

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

ADJOURNMENT

At 2:58 P.M. the House in accordance with the motion of Rep. BURCH adjourned in memory of Glenn Funderburk of Chesterfield County, to meet at 10:00 A.M. tomorrow.

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