Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

We thank You, Heavenly Father, for the world in which we live: for its abundant beauty and unlimited wonders. We are grateful for all that gives witness to Your creation: the sunshine and the rain, the green fields and everlasting hills, the flowers and towering trees, the streams and lakes and seas. Help us to absorb something of the enduring strengths of the world and to know that these are Your gift of love for us. May every experience minister to our constant growth. May failure quicken determined hopes, pain spur us to higher ambitions, unfulfilled desires anchor us closer to You.

Inspire us to be good and effective workmen. 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 Friday, the SPEAKER ordered it confirmed.

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

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. NESBITT the invitation was accepted.

The following were taken up for immediate consideration and accepted.

January 4, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, an invitation to a reception on Tuesday, May 3, 1988, from 6:00-8:00 P.M. The reception will be held at the Capital City Club in the AT&T Building on the corner of Gervais Street and Assembly Street, Columbia, S.C.

Sincerely,
Kelly Smith
Executive Director

August 10, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of my client, the Monsanto Corporation, I would like to extend an invitation to the South Carolina House of Representatives, their clerks, attaches and spouses to attend a reception on Tuesday, May 3, 1988, at the Lace House, Governor's Mansion Complex, from 8:00-9:30 P.M.

We look forward to hosting this event in honor of the South Carolina General Assembly.

Very sincerely,
Ernie Nunnery

February 8, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Petroleum Council cordially invites the members of the South Carolina House of Representatives to a reception on Wednesday, May 4, 1988, from 6:00 to 8:00 P.M. at the Capital City Club, AT&T Building, Gervais and Assembly Streets, Columbia.

We look forward to hosting this event in honor of the South Carolina General Assembly.

Cordially,
William F. Ross
Executive Director

March 22, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

It will be necessary to change the Lobbyist/Legislator Basketball Game from April 20th to May 4th at 8:00 P.M. at the Coliseum. The reception in the Elephant Room will follow the game.

Sincerely,
James G. Mattos

February 4, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Dairy Association wishes to extend to the members of the South Carolina House of Representatives, an invitation to a breakfast on Thursday, May 5, 1988, from 8:00 A.M.-10:00 A.M. The breakfast will be held at the Capital City Club in the AT&T Building on the corner of Gervais Street and Assembly Street, Columbia, S.C.

Sincerely,
Kelly Smith
Executive Director

December 1, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Travel and Tourism Forum would like to extend an invitation to you and members of the House of Representatives to attend a reception in your honor on Tuesday, May 10, 1988, from 6:00-8:00 P.M. at the Radisson Hotel in Columbia.

We expect to have a large number of tourism and travel industry leaders on hand from across the state for our legislative reception. The reception is being planned as one of several special activities during National Tourism Month.

With warmest regards, I am

Sincerely yours,
Ashby Ward
Chairman

March 14, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

In recognition of National Tourism Week, regional tourism organizations throughout South Carolina would like to invite the members of the State's House of Representatives to attend a continental breakfast on Wednesday, May 11, 1988, from 8:30 A.M. to 10:00 A.M. in Room 208, Blatt Building.

Now in its fourth year, National Tourism Week (May 15-21, 1988) is a nationwide awareness program and celebration that highlights the importance and economic impact of travel and tourism for all Americans.

Tourism, as South Carolina's rapidly growing second largest industry, provides jobs for more than 90,000 of our citizens. Last year, visitors to our state spent more than $4.1 billion, a growth rate in expenditures of over 53% during the past five years!

This breakfast is one of the many events and activities scheduled to celebrate National Tourism Week and will enable travel and tourism leaders from throughout the Palmetto State to personally meet and thank representatives for their ongoing support of South Carolina's vital travel industry.

Sincerely,
Sheron A. Hagelston
Director of Tourism

January 5, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

A group of non-partisan Citadel graduates throughout South Carolina has been holding an annual Citadel Alumni Barbeque to honor the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court. The barbeque is representative of our desire to continue our personal involvement in our State's political process. This year's Thirteenth Annual Barbeque will be held on Tuesday, May 17, 1988, at 6:30 P.M. in the Cantey Building at the State Fairgrounds. Dress will be casual.

We would like to extend an invitation to you, the members of the House of Representatives, and your spouses or escorts to be our honored guests for the evening. We would also like to include your staff personnel, clerks, and attaches. A formal invitation will be sent to you and to the members of the House about 10 days prior to the dinner. I am sending this information to you in order for this date to be placed on the House calendar.

We are looking forward to having you, the members of the House, your spouses or escorts, and your staff members with us on this evening.

Sincerely,
Thomas S. Linton, Jr.
Class of '68

March 17, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On May 18th, the Chambers in our county will sponsor a "York County Day" in Columbia. The main event for "York County Day" will be an evening reception for General Assembly members, the Governor, the Lieutenant Governor, the members of the State Boards and Commissions and their staff. The purpose of this reception will be to increase their awareness of York County.

We would like to invite all the members of the South Carolina House of Representatives to attend the reception at 6:00 P.M. until 7:30 P.M. at the Marriott Hotel, 1200 Hampton Street.

Please notify your colleagues of the event so that they may mark their calendars now.

We will be sending formal invitations out in early April. Would it be possible for you to send us a complete mailing list of the South Carolina House of Representatives?

Thank you. We appreciate your help.

With kindest regards, I am

Sincerely,
L. Keith Williams
Vice President of Administration

February 3, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the Board of Directors of Friends of Agriculture and Aquaculture, I would like to extend to the members of the House of Representatives an invitation to our 6th Annual Salute to Agriculture and Aquaculture.

This year's event has been scheduled for May 24, 1988 at the Cantey Building, State Fairgrounds, from 6:00 P.M. to 10:30 P.M.

Due to the tremendous popularity of this event, attendance must be limited to admittance by tickets, which will be enclosed in each member's invitation, which will be sent prior to the event.

I look forward to your being able to join us on May 24th.

Sincerely,
Cathy Dreher

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

H. 4209 -- Reps. Fair and Wilkins: 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.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Bradley, J.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Dangerfield
Day                    Derrick                Elliott
Faber                  Fair                   Felder
Ferguson               Gilbert                Harris, J.
Harris, P.             Harvin                 Haskins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, J.W.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Pearce
Pettigrew              Petty                  Phillips, L.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Simpson                Stoddard
Taylor                 Thrailkill             Townsend
Tucker                 Wells                  Whipper
Wilder                 Wilkins                Williams

I came in after the roll call and was present for the Session on April 26, 1988.

Juanita M. White                  Roland S. Corning
Paul Short                        Dave C. Waldrop, Jr.
John H. Burriss                   Ralph Davenport
John J. Snow, Jr.                 James C. Johnson
B.J. Gordon                       T.W. Edwards, Jr.
Larry Koon                        Thomas A. Limehouse
E.B. McLeod, Jr.                  Joseph McElveen
J. Derham Cole                    Steve Lanford
Robert A. Kohn                    Larry Blanding
Daniel Winstead                   McKinley Washington, Jr.
Samuel R. Foster

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

E.D. Foxworth, Jr.

The SPEAKER granted Reps. LEWIS and SHELTON a leave of absence for the day.

The SPEAKER granted Rep. FOXWORTH a temporary leave of absence.

Announcement was made that Dr. Robert Cutting of Aiken is the Doctor of the Day for the General Assembly.

The Senate sent to the House the following:

S. 1464 -- Senators Hayes, Hinson, Peeler, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF DR. MARTHA KIME PIPER, PRESIDENT OF WINTHROP COLLEGE, WHO DIED SUNDAY, APRIL 24, 1988.

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

On motion of Rep. L. PHILLIPS, with unanimous consent, the House stood in silent prayer in memory of Dr. Martha Kime Piper, President of Winthrop College.

Rep. KIRSH moved that when the House adjourns it adjourn out of memory and respect for the late Dr. Martha Kime Piper, President of Winthrop College, which was agreed to.

The following was taken up for immediate consideration:

S. 1448 -- Senator McConnell: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 8-14, 1988, AS SOUTHERN HISTORY WEEK ACCENTING THE HISTORY OF SOUTH CAROLINA DURING THE PERIOD OF THE WAR BETWEEN THE STATES.

Whereas, there is much to honor in the character, the courage, and the fortitude which our people demonstrated in the War Between the States; and

Whereas, our State has a proud heritage that all South Carolinians share in a unique blend of cultures which has created many southern traditions; and

Whereas, the truth of our heritage and what shaped our history needs to be shared for the benefit of our children, our neighbors, and for history itself, so that South Carolina can continue to grow and learn from the past; and

Whereas, there are songs, customs, foods, writings, dialects, and traditions particular to this region of the United States which should be understood and preserved; and

Whereas, Confederate Memorial Day is May 10, 1988, when this State honors the memory and the virtues of the deeds of those who fought for South Carolina in the War Between the States; and

Whereas, this year, South Carolina's United Daughters of the Confederacy and Sons of Confederate Veterans are celebrating our state's history at a statewide Confederate Memorial Day, to be held at the State House on Saturday, May 14, 1988; and

Whereas, three hundred Confederate Reenactors will present a continuation of living history at Riverfront Park where historic information and entertainment will be provided on May 14, 1988, commemorating the memory of those who died in simple patriotic duty as called upon by this State; and

Whereas, this event will be videotaped for use in promoting tourism, historic accuracy, and in developing a proud Southern identity; and

Whereas, the goal of Southern History Week is to recognize positive southern culture and to emphasize our true southern spirit which has enabled all of our state's citizens to work together in dignity to improve our quality of life and to learn from our past; and

Whereas, it is meritorious that through education, seminars, and events we can learn and understand our southern history. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate the week of May 8-14, 1988, as Southern History Week as a time to accent learning the history of our past and that of the southern region of the United States.

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

The following was taken up for immediate consideration:

S. 1449 -- Senators Martschink, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MAY FIRST THROUGH MAY SEVENTH AS "TEACHER APPRECIATION WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE AND EXPRESS THE SINCERE APPRECIATION OF THE GENERAL ASSEMBLY TO THE TEACHERS OF THIS STATE DURING "TEACHER APPRECIATION WEEK".

Whereas, the week of May first through seventh is celebrated throughout the United States as Teacher Appreciation Week; and

Whereas, it is an accepted reality that no other professional group in our society receives less recognition in proportion to the work they perform than do teachers; and

Whereas, the relationship of a student to his teacher is important. In the hands of the teacher is placed a young mind, and a teacher has the responsibility and obligation to develop this mind; and

Whereas, the teacher's ultimate goal is to teach a child to think and, most important of all, to search for truth in the context of moral values and ethical responsibility; and

Whereas, in the hands of teachers lies the future of South Carolina and this Nation. In a society worthy to be free, teachers must be allowed, unfettered, to produce individuals willing to face the future with courage, knowledge, and strength; and

Whereas, the members of the General Assembly, by this resolution, are desirous of publicly recognizing and thanking the teachers of South Carolina for all their contributions in helping our children and young adults to become productive and informed members of our society. Now, therefore,

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

That the members of the General Assembly hereby declare the week of May first through May seventh as "Teacher Appreciation Week" in South Carolina and recognize and express their sincere appreciation to the teachers of this State during "Teacher Appreciation Week".

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

The following was introduced:

H. 4210 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO REQUEST THE HONORABLE WILLIAM L. BALL, III, SECRETARY OF THE NAVY AND A NATIVE SOUTH CAROLINIAN, TO HAVE THE USS SOUTH CAROLINA CALL ON THE CHARLESTON NAVAL YARD DURING MAY 21 THROUGH MAY 23, 1988, IN ORDER TO PARTICIPATE IN THE CELEBRATION OF THE BICENTENNIAL OF THE RATIFICATION OF THE UNITED STATES CONSTITUTION BY THE STATE OF SOUTH CAROLINA, AND TO ADOPT THE USS SOUTH CAROLINA AS THE OFFICIAL SHIP OF THE STATE OF SOUTH CAROLINA.

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

The following was introduced:

H. 4211 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO COMMEND MR. AND MRS. BRUCE MURRAY OF ST. GEORGE ON THEIR SEVENTIETH WEDDING ANNIVERSARY.

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

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

S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.

S. 1191 -- Senators Land and Stilwell: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.

S. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.

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

H. 2902 -- Rep. L. Phillips: A BILL TO AMEND SECTION 59-30-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT MAKE-UP TESTS, SO AS TO PROVIDE FOR A MAKE-UP PERIOD FOR TAKING A MISSED TEST.

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

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

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

Rep. CARNELL explained the Bill.

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

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

Rep. WILKINS explained the Bill.

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

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

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

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

Rep. L. MARTIN explained the Joint Resolution.

On motion of Rep. HUFF, with unanimous consent, it was ordered that S. 1277 be read the third time tomorrow.

On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that S. 1321 be read the third time tomorrow.

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1322 be read the third time tomorrow.

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that S. 1323 be read the third time tomorrow.

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 27, which was adopted.

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

The following Bill was taken up.

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

Rep. FELDER proposed the following Amendment No. 4 (Doc. No. 3436J).

Amend the bill, as and if amended, by striking SECTION 1, lines 25 through 45, page 1, and lines 1 through 16, page 2, and inserting:

/SECTION 1. Items (e) and (f) of Section 59-26-20 of the 1976 Code are amended to read:

"(e) Adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act chapter before final admittance admission into the undergraduate teacher education program. These program approval standards shall must include but not be limited to the following:

(1) A student initially may initially take the basic skills examination during his first or second year in college.

(2) Students may be allowed to take the examination no more than three times. However, the provisions of this subitem do not apply to students graduating during the years 1988 through 1992. Students graduating during the years 1988 through 1992 may be allowed to take the examination not more than four times.

(3) If a student has not passed the examination, he may be conditionally admitted conditionally to a teacher education program. Such admittance shall This admission may not exceed one year. If he has not passed the examination within one year of the conditional admittance admission he shall may not continue in the teacher education program.

Provided, that in In addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.

(f) Administer the basic skills examination provided for in this section at least two times per a year."/

Amend title to conform.

Rep. FELDER explained the amendment.

Rep. SIMPSON spoke against the amendment.

Rep. FELDER spoke in favor of the amendment and moved to adjourn debate upon the Bill until Wednesday, April 27, which was adopted.

The following Bill was taken up.

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

Reps. AYDLETTE and T. ROGERS proposed the following Amendment No. 2 (Doc. No. 3427J), which was adopted.

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

/SECTION ______. Chapter 11, Title 8 of the 1976 Code is amended by adding:

Section 8-11-700. As used in this article:

(1) 'Employing agency' means the agency in which the leave recipient is employed.

(2) 'Leave donor' means an employee of an employing agency whose voluntary written request for transfer of annual or sick leave to the pool leave account of his employing agency is granted.

(3) 'Leave recipient' means an employee of an employing agency who has a personal emergency and is selected to receive annual or sick leave from the pool leave account of his employing agency.

(4) 'Personal emergency' means a medical or family emergency or other hardship situation that is likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

(5) 'Division' means the Human Resource Management Division of the State Budget and Control Board.

Section 8-11-710. (A) Employees of a state agency may request leave from the pool leave account established in this article of his agency for a personal emergency in the manner and under the conditions authorized by this article.

(B) This leave request must be submitted to the employing agency and must be accompanied by the following information concerning the employee:

(1) the name, employing agency, position title, and classification of the employee; and

(2) a brief description of the nature, severity, and anticipated duration of the medical, family, or other hardship situation affecting the employee.

Section 8-11-720. In conformity with guidelines established by the division and following receipt of additional information it may require, the employing agency, subject to approval by the Budget and Control Board, may select leave recipients within the agency for participation in the leave-transfer program from among the potential leave recipients of the agency requesting leave under Section 8-11-710. The selections of the employing agency after Budget and Control Board approval are final, and there is no administrative or judicial appeal of the selections. Unless the personal emergency involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use transferred leave.

Section 8-11-730. (A) An employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual or sick leave or both be transferred from his annual or sick leave account to a pool account the agency establishes to distribute leave to leave recipients employed by the agency pursuant to this article, except that an employee with less than fifteen days in his sick leave account may not transfer any sick leave to the pool account, and an employee with more than fifteen days in his sick leave account may transfer sick leave to the pool account provided he retain a minimum of fifteen days in his own sick leave account. Once leave of an employee has been transferred to the pool account, it must not be restored or returned to the leave donor.

(B) Under procedures established by the division, the employing agency may transfer all or any portion of the annual leave in the pool account to the annual leave account of the leave recipient, and all or any portion of the sick leave in the pool account to the sick leave account of the leave recipient.

(C) Annual or sick leave transferred under this section may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced annual or sick leave granted.

Section 8-11-740. (A) Upon approval of his employer, a leave recipient may use annual or sick leave from the pool account established under Section 8-11-730 in the same manner and for the same purposes as if he had accrued the leave in the manner provided by law. Leave that accrues to the account of the leave recipient must be used before any transferred leave from the pool account.

(B) Transferred annual or sick leave from the pool account remaining to the credit of a leave recipient when the leave recipient's employment terminates must not be transferred to another employee, included in a lump-sum payment for accrued leave, or included in the recipient's total service for retirement computation purposes.

Section 8-11-750. (A) The personal emergency affecting a leave recipient terminates when the employing agency determines that the personal emergency no longer exists or the leave recipient's employment by the employing agency terminates.

(B) The employing agency shall monitor continuously the status of the personal emergency affecting the leave recipient and establish procedures to ensure that the leave recipient is not permitted to receive or use transferred annual or sick leave from the pool account after the personal emergency ceases to exist.

(C) When the personal emergency affecting a leave recipient terminates, the employing agency may not grant any further requests for transfer of annual or sick leave from the pool account to the leave accounts of the leave recipient.

Section 8-11-760. Under procedures established by the division, any transferred annual or sick leave remaining to the credit of a leave recipient when the personal emergency affecting the leave recipient terminates must be restored to the pool account.

Section 8-11-770. The division shall require employing agencies to maintain records and report pertinent information to the division concerning the administration of the leave-transfer program for the purpose of evaluating the desirability, feasibility, and cost of the transfer program."/

Renumber sections to conform.

Amend title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

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

Rep. PEARCE moved to adjourn debate upon the following Bill until Wednesday, April 27, which was adopted.

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

At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R524) S. 924 -- Senator Wilson: AN ACT TO AMEND SECTION 7-13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.

(R525) S. 583 -- Senator Shealy: AN ACT TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.

(R526) S. 1418 -- Senators Lourie, Courson, Patterson and Giese: AN ACT TO AMEND ACT 69 OF 1963, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SIX TO SEVEN, TO CHANCE THE PROVISIONS FOR RECOMMENDING PERSONS FOR APPOINTMENT AND THE LENGTH OF THE TERMS OF MEMBERS, TO LIMIT THE NUMBER OF CONSECUTIVE TERMS WHICH A MEMBER MAY SERVE TO TWO, AND TO REQUIRE COPIES OF THE ANNUAL AUDIT TO BE FILED WITH THE RICHLAND COUNTY COUNCIL, THE COLUMBIA CITY COUNCIL, AND THE RICHLAND COUNTY CLERK OF COURT.

(R527) S. 1182 -- Senators Waddell, Lourie, Leatherman and Hayes: AN ACT TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, OF CHAPTER 54, OF TITLE 12, ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION", AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 54 OF TITLE 12, SO AS TO ENACT THE SETOFF DEBT COLLECTION ACT, AND TO REPEAL SECTIONS 12-7-2240 AND 12-53-55 OF THE 1976 CODE, RELATING TO EXISTING REFUND ETOFF AND INFORMATION EXCHANGE PROVISION MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

(R528) S. 1178 -- Finance Committee: AN ACT TO AMEND SECTION 9-1-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS FROM ONE PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF AVERAGE FINAL COMPENSATION AND ONE AND THREE-TENTHS PERCENT OF AVERAGE FINAL COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO ONE AND THIRTY-FIVE HUNDREDTHS PERCENT OF AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS ONE MEMBERS AND FROM ONE AND TWENTY-FIVE HUNDREDTHS PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF AVERAGE FINAL COMPENSATION AND ONE AND SIXTY-FIVE HUNDREDTHS PERCENT OF AVERAGE FINAL COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO ONE AND SEVEN-TENTHS PERCENT OF AVERAGE FINAL COMPENSATION IN THE CASE OF CLASS TWO MEMBERS; TO AMEND SECTION 9-1-1020, RELATING TO CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE EMPLOYEE CONTRIBUTIONS FROM THREE PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF EARNABLE COMPENSATION AND FIVE PERCENT OF EARNABLE COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO FIVE PERCENT OF ALL EARNABLE COMPENSATION IN THE CASE OF CLASS ONE MEMBERS, AND FROM FOUR PERCENT OF THE FIRST FOUR THOUSAND EIGHT HUNDRED DOLLARS OF EARNABLE COMPENSATION AND SIX PERCENT OF EARNABLE COMPENSATION IN EXCESS OF FOUR THOUSAND EIGHT HUNDRED DOLLARS TO SIX PERCENT OF ALL EARNABLE COMPENSATION IN THE CASE OF CLASS TWO MEMBERS; TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1767, SO AS TO INCREASE RETIREMENT BENEFITS PAYABLE DUE TO RETIREMENT BEFORE JULY 1, 1988, BY TEN PERCENT, AND TO MAKE ALL THE PROVISIONS OF THIS ACT EFFECTIVE JULY 1, 1988.

(R529) S. 958 -- Senators Saleeby, McConnell and Pope: AN ACT TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIL BONDSMEN AND RUNNERS AND UNLAWFUL ACTS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO REQUIRE LAW ENFORCEMENT OFFICERS AND JAILERS TO REPORT CERTAIN VIOLATIONS TO THE COURT, AND TO PROVIDE THAT ANY ACTION TAKEN PURSUANT TO ITEM (f) OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE PURSUANT TO SECTION 38-53-340 MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER BY THE COURT WITHIN A CERTAIN PERIOD.

(R530) S. 1421 -- Senator Bryan: AN ACT TO AMEND AN ACT OF 1988 BEARING RATIFICATION NUMBER R. 419, RELATING TO THE DELETION OF A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP IN GREENVILLE COUNTY AND THE PROVIDING FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP (DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT"), SO AS TO CHANGE THE EFFECTIVE DATE OF THAT ACT.

(R531) S. 1114 -- Senator Drummond: AN ACT TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH CAUGHT IN NONGAME FISHING DEVICES, SO AS TO PROVIDE SPECIFIC PENALTIES FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-13-1116 SO AS TO REQUIRE CERTAIN NONGAME FISHING DEVICES TO BE MARKED WITH MINIMUM AND MAXIMUM CAPACITY AND TO INCLUDE CERTAIN INFORMATION FOR IDENTIFICATION.

(R532) S. 1136 -- Senators Drummond and Thomas E. Smith, Jr.: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.

(R533) S. 1100 -- Banking and Insurance Committee: AN ACT TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-75-460 SO AS TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO EXPAND THE AREA IN WHICH THE ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, TO REQUIRE HIM TO NOTIFY THE GENERAL ASSEMBLY IF HE DOES AND RECOMMEND APPROPRIATE STATUTORY CHANGES WHICH HE BELIEVES NEED TO BE ENACTED TO CHANGE THE DEFINITION OF "COASTAL AREA".

(R534) S. 1417 -- Senator Thomas E. Smith, Jr.: AN ACT TO EXEMPT THE TRANSCRIPT OF TESTIMONY GIVEN DURING THE 1988 SCREENING OF CANDIDATES FOR CIRCUIT JUDGESHIP OF THE NINTH JUDICIAL CIRCUIT FROM THE PROVISION OF SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE CLERK OF EACH HOUSE RETAIN CERTIFIED COPIES OF THE TRANSCRIPT, AND TO PROVIDE THAT A VERBATIM COPY OF THE TESTIMONY BE GIVEN TO EACH MEMBER OF THE GENERAL ASSEMBLY.

(R535) S. 1196 -- Corrections and Penology Committee: AN ACT TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE, TO PROVIDE THAT A DELINQUENCY IN PAYMENT OF THE FEE PAID BY A PERSON ON PROBATION MAY RESULT IN REVOCATION OF PROBATION OR PAROLE AT THE DETERMINATION OF THE BOARD OR COURT, RATHER THAN MANDATORY REVOCATION AS FORMERLY, AND TO PROVIDE THAT A PARDON ORDER RESTORES THE CIVIL RIGHTS OF THE PERSON APPLYING FOR THE PARDON.

(R536) S. 1109 -- Senator Drummond: AN ACT TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST IMPORTING, POSSESSING, SELLING, OR RELEASING INTO STATE WATERS UNDESIRABLE SPECIES OF FISH SO AS TO CORRECT SPELLING AND GRAMMATICAL ERRORS.

(R537) H. 2024 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND SECTIONS 38-77-140, 38-77-150, 56-9-20, 56-9-353, 56-9-480, AND 56-9-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES AND UNINSURED MOTORISTS' POLICIES OR CONTRACTS, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT AND THE AMOUNT CREDITED WHICH SATISFIES A JUDGMENT IN EXCESS OF THAT AMOUNT FOR PURPOSES OF PROOF OF FINANCIAL RESPONSIBILITY, TO CHANGE THE DEFINITION OF PROOF OF FINANCIAL RESPONSIBILITY TO REFLECT THE INCREASE, AND TO INCREASE THE AMOUNT OF CASH OR SECURITIES REQUIRED TO BE DEPOSITED WITH THE STATE TREASURER TO OBTAIN A CERTIFICATE TO PROVE FINANCIAL RESPONSIBILITY FROM THIRTY-FIVE THOUSAND DOLLARS TO FORTY THOUSAND DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1110 SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE A REGULATION TO PROVIDE FOR THE CALCULATION AND REFUNDING OF EXCESS PROFITS OF INSURANCE COMPANIES AND TO ESTABLISH WHEN THE INCREASED FINANCIAL RESPONSIBILITY REQUIREMENTS MUST TAKE EFFECT.

(R538) H. 3401 -- Reps. Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY, AND BY ADDING SECTION 38-63-90 SO AS TO PROVIDE THAT A LIFE INSURER IS LIABLE FOR ATTORNEY FEES IF HE REFUSES TO PAY CERTAIN CLAIMS WITHOUT REASONABLE CAUSE OR IN BAD FAITH; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 65, TITLE 38, RELATING TO GROUP LIFE INSURANCE BY ADDING SECTION 38-65-120 SO AS TO PROVIDE THAT WHEN A GROUP LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF AN INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT MUST INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THAT INSURED UNTIL THE DATE THE CLAIM IS PAID; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.

(R539) H. 3036 -- Rep. Fair: AN ACT TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS FOR CERTAIN PERSONS WHO DO NOT DRIVE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICANT NOT POSSESS A LICENSE TO OPERATE A MOTOR VEHICLE, AND TO PROVIDE THAT SPECIAL IDENTIFICATION CARDS ISSUED TO THOSE UNDER TWENTY-ONE MUST BE MARKED, STAMPED, OR PRINTED TO READILY INDICATE SUCH AGE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 57-3-911 SO AS TO MAKE IT A MISDEMEANOR OFFENSE FOR ANY PERSON TO ALTER A SPECIAL IDENTIFICATION CARE SO AS TO PROVIDE FALSE INFORMATION ON THE CARD OR TO SELL OR ISSUE A FICTITIOUS SPECIAL IDENTIFICATION CARD, TO USE A SPECIAL IDENTIFICATION CARD NOT ISSUED TO THE PERSON, AN ALTERED SPECIAL IDENTIFICATION CARD, OR A SPECIAL IDENTIFICATION CARD CONTAINING FALSE INFORMATION TO DEFRAUD ANOTHER OR VIOLATE THE LAW, OR TO LEND HIS SPECIAL IDENTIFICATION CARD TO ANY PERSON OR KNOWINGLY PERMIT ITS USE BY ANOTHER, TO PROVIDE A PENALTY.

(R540) H. 3575 -- Reps. Gregory, White, Short, Fair and Kirsh: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF PSYCHOLOGY FOR SIX YEARS AND TO AMEND SECTION 40-55-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS FOR PSYCHOLOGISTS, SO AS TO AUTHORIZE THE ADOPTION OF THE CODE OF ETHICS FOR PSYCHOLOGISTS AND DELETE THE SPECIFIC REFERENCE TO THE CODE PUBLISHED BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION AND AN UNNECESSARY DATE TO REQUIRE CONSULTATION AND COLLABORATION WITH PHYSICIANS IN EXTENDED PSYCHOTHERAPY CASES, EXCEPT WHERE THE CLIENT IS SEEING THE PSYCHOLOGIST FOR PSYCHOLOGICAL EVALUATION OR MARITAL COUNSELING.

(R541) H. 2541 -- Reps. J.C. Johnson, McAbee, Townsend, Tucker, Kay, Carnell, Toal and Cooper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-425 SO AS TO MAKE IT UNLAWFUL TO WILFULLY AND FRAUDULENTLY FAIL TO RETURN A VIDEO OR CASSETTE TAPE TO THE OWNER WITHIN SEVENTY-TWO HOURS AFTER A LEASE OR RENTAL AGREEMENT THEREON HAS EXPIRED, AND TO PROVIDE THAT A PERSON COMMITTING THIS VIOLATION IS GUILTY OF PETIT LARCENY IF THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RENTAL AGREEMENT IS TWO HUNDRED DOLLARS OR LESS AND IS GUILTY OF GRAND LARCENY IF THE ORIGINAL DOLLAR AMOUNT OF THE LEASE OR RETAIL AGREEMENT IS MORE THAN TWO HUNDRED DOLLARS.

(R542) H. 2981 -- Reps. Edwards, Lewis, Winstead, P. Harris and McLellan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 44 SO AS TO ENACT THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988, WHICH PROVIDES FOR THE REHABILITATION OF ANY SITE CONTAMINATED WITH PETROLEUM OR PETROLEUM PRODUCTS RELEASED FROM UNDERGROUND STORAGE TANKS, WHICH PROVIDES FOR THE REGISTRATION AND REGULATION OF UNDERGROUND STORAGE TANKS AND THE FEES FOR REGISTRATION, WHICH REQUIRES OWNERS OF UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM OR PETROLEUM PRODUCTS TO MEET CERTAIN FINANCIAL RESPONSIBILITY REQUIREMENTS, AND WHICH PROVIDES CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVIDE THAT THE DEPARTMENT OF INSURANCE SHALL STUDY THE AVAILABILITY OF POLLUTION AND OTHER LIABILITY INSURANCE FOR OWNERS OF UNDERGROUND PETROLEUM STORAGE TANKS IN SOUTH CAROLINA AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.

(R543) H. 4087 -- Reps. Kay and Townsend: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO INCREASE MATERIAL FEES.

(R544) H. 3706 -- Reps. J. Rogers and Winstead: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-29-67 SO AS TO PROVIDE FOR PAYMENTS IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS VALUED AT EIGHTY-FIVE MILLION DOLLARS OR MORE FINANCED BY INDUSTRIAL REVENUE BONDS, TO PROVIDE FOR AGREEMENTS FOR PAYMENTS NOT TO EXCEED TWENTY YEARS AND TO PROVIDE FOR THE MINIMUM AMOUNT OF THE PAYMENTS, TO PROVIDE THAT AFTER THE EXPIRATION OF ANY AGREEMENT, THE FEE MUST BE EQUAL TO TAXES THAT WOULD BE DUE ON THE PROJECT IF IT WERE TAXABLE, TO PROVIDE FOR THE DISTRIBUTION OF THE PAYMENTS, TO PROVIDE THAT PROJECT-MAKING PAYMENTS IN LIEU OF TAXES ARE CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF DETERMINING LIMITS OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE THAT THE THRESHOLD INVESTMENT AMOUNT UNDER THIS SECTION MAY NOT BE REDUCED EXCEPT BY SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THE SPECIAL VOTE.

(R545) H. 3405 -- Rep. Baker: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED TEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE, OR, IN THE CASE OF WATER AND SEWER LINES BUILT IN SERVICE AREAS OF PRIVATELY OWNED WATER OR SEWER SYSTEMS, DEEDED TO A QUALIFYING PRIVATE ENTITY, TO REQUIRE EXPENSES TO BE ALLOCATED WHEN A TAXPAYER ALSO BENEFITS FROM A PROJECT, TO DEFINE QUALIFYING PRIVATE ENTITY, AND TO REQUIRE THE AMOUNT OF THE TAX CREDIT ALLOWED FOR A ROAD PROJECT TO BE ADDED TO THE TAX DUE OF THE TAXPAYER WHO CLAIMED THE CREDIT IF THE ROAD IS REMOVED FROM THE STATE HIGHWAY SYSTEM OR PUBLIC ROAD SYSTEM.

(R546) H. 2943 -- Rep. Kirsh: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 65 SO AS TO REQUIRE AN OUT-OF-STATE PRINCIPAL TO PAY COMMISSIONS OWED TO A SALES REPRESENTATIVE WITHIN A CERTAIN PERIOD AFTER A CONTRACT BETWEEN THEM IS TERMINATED, PROVIDE FOR CERTAIN PUNITIVE DAMAGES AND ATTORNEY'S FEES IF POST-TERMINATION COMMISSIONS ARE NOT PAID IN A TIMELY MANNER, PROVIDE FOR ATTORNEY'S FEES TO BE AWARDED AGAINST PERSONS BRINGING FRIVOLOUS ACTIONS, PROVIDE FOR PERSONAL JURISDICTION OVER CERTAIN NONRESIDENT PRINCIPALS, AND PROVIDE THAT ANY AGREEMENTS WHICH WAIVE ANY OF THE REQUIREMENTS OF THIS CHAPTER ARE VOID.

(R547) H. 2807 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTIONS 44-29-60 THROUGH 44-29-110, 44-29-130 THROUGH 44-29-140, AND 44-29-190 THROUGH 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VENEREAL DISEASES, SO AS TO CHANGE THE REFERENCE TO SYPHILIS, GONORRHEA, CHANCROID, AND VENEREAL DISEASES TO SEXUALLY TRANSMITTED DISEASES; PROVIDE FOR REPORTING OF TREATMENT AND TESTING OF PERSONS INFECTED WITH A SEXUALLY TRANSMITTED DISEASE; REVISE THE DUTIES OF STATE, DISTRICT, COUNTY, AND MUNICIPAL HEALTH OFFICERS IN PROTECTING THE PUBLIC HEALTH THROUGH EXAMINATION, IDENTIFICATION, AND ISOLATION; PROVIDE FOR TREATMENT AND ISOLATION OF PRISONERS WHO HAVE A SEXUALLY TRANSMITTED DISEASE; PROVIDE REQUIREMENTS FOR RELEASE AFTER ISOLATION; PROVIDE FOR REGULATIONS CONCERNING SEXUALLY TRANSMITTED DISEASES INSTEAD OF VENEREAL DISEASES; PROVIDE FOR THE CONFIDENTIALITY OF RECORDS RELATING TO SEXUALLY TRANSMITTED DISEASES; INCREASE THE PENALTIES FOR VIOLATIONS OF THE SECTIONS; PROVIDE FOR PROHIBITING OR LIMITING THE ATTENDANCE OF AN EMPLOYEE OR STUDENT BY A SCHOOL; AND PROVIDE FOR THE APPROVAL OF AN AUTHORIZED EMPLOYEE OF A MEDICAL OR HEALTH AGENCY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-3-740 AND 16-15-255 SO AS TO PROVIDE TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) WHEN A PERSON HAS BEEN CONVICTED FOR A CERTAIN CRIME WHICH RESULTS IN EXPOSURE TO THE VICTIM; SECTION 44-29-115 SO AS TO PROVIDE REQUIREMENTS FOR ISOLATION; SECTION 44-29-145 SO AS TO MAKE IT UNLAWFUL FOR ANYONE INFECTED WITH AIDS TO KNOWINGLY EXPOSE ANOTHER PERSON TO AIDS AND SECTION 44-29-146 SO AS TO PROVIDE FOR A PHYSICIAN OR STATE AGENCY NOT TO BE LIABLE UPON NOTIFICATION OF CONTACT WITH A PERSON HAVING AIDS OR HIV INFECTION, SECTION 44-29-230 SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A HEALTH CARE PROFESSIONAL MAY REQUIRE A PATIENT TO BE TESTED FOR AIDS; AND TO ADD VIOLATIONS OF SECTION 44-29-145 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

The following Bill was taken up.

S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.

Reps. O. PHILLIPS, MOSS and ARTHUR objected to the Bill.

The following Bill was taken up.

H. 3905 -- Reps. Lockemy, Rice and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN.

Rep. FELDER 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 statewide day.

The SPEAKER overruled the Point of Order.

Rep. LOCKEMY explained the Bill.

Reps. FELDER, HOLT, TAYLOR, SHARPE, NESBITT, KIRSH, EDWARDS, KAY and BAKER objected to the Bill.

The following Bill was taken up.

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

Reps. R. BROWN, TAYLOR, J. BRADLEY, G. BAILEY, M.O. ALEXANDER and J.W. McLEOD proposed the following Amendment No. 1 (Doc. No. 3293J), which was adopted.

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

/SECTION ______. Section 13-3-40 of the 1976 Code is amended by adding at the end thereof the following:

"In addition to the members of the Development Board above provided for in this section, there are two ex officio members of the Board, one of whom is a member of the House Labor, Commerce and Industry Committee appointed by the chairman thereof and one of whom is a member of the Senate Labor, Commerce and Industry Committee appointed by the chairman thereof. These ex officio members shall serve at the pleasure of the appointing authority."/

Renumber sections to conform.

Amend title to conform.

Rep. J. BRADLEY explained the amendment.

The amendment was then adopted.

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

Rep. KLAPMAN withdrew his objection to the following Bill.

S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.

Rep. M.D. BURRISS withdrew his objection to S. 1000 however, other objections remained upon the Bill.

Rep. KLAPMAN withdrew his objection to the following Bill.

S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.

Rep. AYDLETTE, with unanimous consent, made a short statement.

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

At 12:59 P.M. the House in accordance with the motion of Rep. KIRSH adjourned out of memory and respect for the late Dr. Martha Kime Piper, President of Winthrop College, to meet at 10:00 A.M. tomorrow.

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