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:

When death comes suddenly and unexpectantly to a well known person, we are reminded anew of the uncertainty of life, that our sojourn on earth is like "a vapor, that appears for a little time, and vanishes away" (James 4:14b), that our existence is fragile at best. So teach us to live each day to the highest and fullest, knowing that yesterday is gone, today is, and tomorrow may never come. Save us from the fallacy of depending on our wisdom, ingenuity or position to justify us in God's sight. Revive within us the certain hope of a steadfast and unfaltering faith.

We pray to an all powerful God in Whom we live and move and have our being, the Giver and Sustainer of life. 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.

February 2, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C.     (Doc. No. 0994)

House of Representatives

Dear Mrs. McKinney:

Pursuant to Act 176 of 1977, I have received on February 2, 1989 regulations concerning Pyrotechnic Safety from the State Budget and Control Board, Division of General Services.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

The following was received.
Columbia, S.C., February 2, 1989

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 185:
S. 185 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; AND TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER, AND FURTHER PROVIDE FOR THE DISCLOSURE OF INDICTMENT RETURNS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The Senate returned to the House with amendments the following:

H. 3325 -- Rep. Hendricks: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE PRECINCT LINES FOR THE CITY OF EASLEY AND TO ESTABLISH THREE ADDITIONAL PRECINCTS.

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

Reps. BURCH and J. HARRIS, from the Chesterfield Delegation, submitted a favorable report, on:

H. 3072 -- Rep. Burch: A BILL TO AMEND SECTION 7-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CHESTERFIELD COUNTY, SO AS TO COMBINE THE CENTER GROVE AND WINZO PRECINCTS INTO CENTER GROVE-WINZO AND THE DUDLEY AND MANGUM PRECINCTS INTO THE DUDLEY-MANGUM PRECINCT.

Ordered for consideration tomorrow.

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

H. 3030 -- Rep. McAbee: A BILL TO AMEND CHAPTER 1, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF A COUNTY BY CONTRACT AUTHORIZES A PRIVATE ENTITY TO OPERATE A COUNTY HEALTH CARE FACILITY, THE CONTRACT ALSO MAY REQUIRE THE PRIVATE ENTITY TO IMPLEMENT GRIEVANCE PROCEDURES FOR THE EMPLOYEES OF THE FACILITY, AND THESE GRIEVANCE PROCEDURES APPLY TO THESE EMPLOYEES REGARDLESS OF WHETHER OR NOT THEY ARE CONSIDERED COUNTY EMPLOYEES.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

Rep. BLANDING moved that when the House adjourns it adjourn out of memory and respect for William Blakely James, attorney from Sumter, which was agreed to.

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

H. 3421 -- Rep. M.D. Burriss: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA CHAPTER OF THE NATIONAL HONOR SOCIETY TO USE THE HOUSE CHAMBER BETWEEN 12:00 NOON AND 2:00 P.M. ON FRIDAY, APRIL 7, 1989, FOR THE PURPOSE OF ELECTING ITS OFFICERS.

Whereas, Lower Richland High School of Richland County is the host school for the South Carolina Chapter of the National Honor Society; and

Whereas, this society is in need of the use of the chamber of the House of Representatives on Friday, April 7, 1989, for the purpose of electing its officers. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina Chapter of the National Honor Society is authorized to use the House Chamber between 12:00 noon and 2:00 p.m. on Friday, April 7, 1989, for the purpose of electing its officers. If the House of Representatives is in statewide session, the chamber may not be used. No charge may be imposed for the use of the House chamber by the South Carolina Chapter of the National Honor Society for this purpose.

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.

The Resolution was adopted.

The following was introduced:

H. 3422 -- Reps. J. Bailey, M.D. Burriss and Mappus: A CONCURRENT RESOLUTION TO COMMEND MAJOR GENERAL JAMES A. GRIMSLEY, JR., PRESIDENT OF THE CITADEL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE INSTITUTION UPON THE OCCASION OF HIS UPCOMING RETIREMENT, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

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

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

H. 3423 -- Reps. Keyserling, J. Harris, T. Rogers and H. Brown: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 5, 1989, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1989 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

Whereas, the winners of the 1989 South Carolina Folk Heritage Award represent citizens who have demonstrated excellence in folk art and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents; and

Whereas, the 1989 South Carolina Folk Heritage Award Advisory Committee has performed its duties admirably. Now, therefore,

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

That the members of the General Assembly invite the winners of the 1989 South Carolina Folk Heritage Award and the members of the 1989 South Carolina Folk Heritage Award Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House at 12:00 noon on Wednesday, April 5, 1989, and that the members of the General Assembly recognize and commend the 1989 South Carolina Folk Heritage Award winners for their outstanding contributions to folk art in South Carolina.

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

The Senate sent to the House the following:

S. 311 -- Senator Hinson: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST OUTSTANDING CITIZENS, DR. JAMES A. BOYKIN, FOR HIS LIFELONG SERVICE TO THE LANCASTER COMMUNITY BOTH AS A MEDICAL DOCTOR AND AS A CIVIC LEADER.

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

The Senate sent to the House the following:

S. 152 -- Senators Mitchell, J. Verne Smith, Bryan, Thomas and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE THE FURMAN UNIVERSITY FOOTBALL TEAM UPON EARNING THE NCAA DIVISION I-AA CHAMPIONSHIP FOR THE 1988 SEASON BY DEFEATING TWO-TIME, NATIONAL CHAMPION GEORGIA SOUTHERN WITH A DECISIVE 17-12 VICTORY IN POCATELLO, IDAHO, ON SATURDAY, DECEMBER 17, 1988, AND CLAIMING THE TEAM'S FIRST NATIONAL CHAMPIONSHIP, TO RECOGNIZE THE PALADINS AND THEIR COACHES FOR KEEPING THE COLLEGIATE SPORT WHERE IT WAS INTENDED TO BE BY SUCCESSFULLY UNIFYING STUDENTS, FACULTY, AND ALUMNI AND MAINTAINING EXCELLENCE IN THE CLASSROOM AS WELL AS ON THE FOOTBALL FIELD, TO INVITE COACH JIMMY SATTERFIELD TO ADDRESS A JOINT MEETING OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE COACH AND THE GENERAL ASSEMBLY, AND TO INVITE THE FURMAN UNIVERSITY FOOTBALL PLAYERS TO APPEAR AT THE MEETING.

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

The Senate sent to the House the following:

S. 312 -- Senators Passailaigue and Fielding: A CONCURRENT RESOLUTION TO COMMEND JOHN L. CHISOLM OF CHARLESTON COUNTY FOR HIS MANY OUTSTANDING ACCOMPLISHMENTS DURING A LONG AND DISTINGUISHED CAREER AS A SOCIAL AND POLITICAL LEADER IN THE CHARLESTON COMMUNITY.

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

The Senate sent to the House the following:

S. 313 -- Senators Lourie, Courson, Giese, Patterson, Bryan, Drummond, Fielding, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JOE MORRISON, HEAD FOOTBALL COACH AT THE UNIVERSITY OF SOUTH CAROLINA, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

On motion of Rep. FAIR, with unanimous consent, the House stood in silent prayer in memory of Joe Morrison, head football coach at the University of South Carolina.

The Senate sent to the House the following:

S. 314 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LIEUTENANT ROBERT L. BYRD OF THE CAYCE DEPARTMENT OF PUBLIC SAFETY WHO WAS NAMED LEXINGTON COUNTY FIREFIGHTER OF THE YEAR DURING CEREMONIES JANUARY 16, 1989.

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

The Senate sent to the House the following:

S. 315 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE MR. VIRGIL C. SUMMER, CHAIRMAN EMERITUS OF THE SCANA CORPORATION, UPON HIS BEING NAMED HUMANITARIAN OF THE YEAR BY THE PALMETTO SOCIETY OF THE UNITED WAY OF THE MIDLANDS.

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

The Senate sent to the House the following:

S. 317 -- Senators Mitchell, Bryan, J. Verne Smith, Stilwell and Thomas: A CONCURRENT RESOLUTION CONGRATULATING OWEN L. RILEY, JR., PHOTOGRAPHER FOR THE GREENVILLE NEWS AND GREENVILLE PIEDMONT, ON BEING NAMED SOUTH CAROLINA NEWS PHOTOGRAPHER OF THE YEAR FOR 1988 BY THE SOUTH CAROLINA NEWS PHOTOGRAPHERS ASSOCIATION.

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

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

H. 3424 -- Reps. Winstead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3425 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3825 SO AS TO PROVIDE THAT THE DRIVER OF ANY MOTOR VEHICLE WHEN STOPPED BY A LAW ENFORCEMENT OFFICER SHALL ROLL THE DRIVER'S WINDOW DOWN COMPLETELY IMMEDIATELY UPON BRINGING HIS VEHICLE TO A STOP, AND TO PROVIDE PENALTIES FOR WILFUL VIOLATIONS.

Referred to Committee on Education and Public Works.

H. 3426 -- Rep. White: A BILL TO AMEND ACT 601 OF 1971, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO, AMONG OTHER THINGS, CHANGE THE DESIGNATION OF THE CHIEF ADMINISTRATIVE OFFICER TO SUPERINTENDENT OF EDUCATION.

Without reference.

H. 3427 -- Reps. Tucker, Townsend, Kay, Wofford and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRING ON OR AFTER JULY 1, 1989, FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY COURT OF THIS STATE; AND TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO PROVIDE THAT THIS AUTHORIZATION IS SUBJECT TO THE LIMITATION CONTAINED IN SECTION 14-1-215.

Referred to Committee on Judiciary.

H. 3428 -- Reps. Wofford, Rama, Baker, Corbett, Littlejohn, Felder, Moss, Davenport, Burch, Rhoad, Farr, Neilson, Wells, Vaughn, Keegan and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50 SO AS TO PROVIDE FOR THE POSTING OF AN OUTDOOR SIGN AT SOUTH CAROLINA WELCOME CENTERS TO GIVE NOTICE OF THE ENACTMENT OF THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT.

Referred to Committee on Education and Public Works.

H. 3429 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3430 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3431 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOME HEALTH AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1058, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3432 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CRIME VICTIMS' COMPENSATION FUND, RELATING TO LEGAL FEES, DIRECT AWARD, SAME HOUSEHOLD, AND AGE OF CONSENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3433 -- Rep. Wright: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO INCREASE THE AMOUNT OF MONEY WHICH MAY BE BORROWED, TO INCREASE THE TAX MILLAGE WHICH MAY BE LEVIED, AND TO PROVIDE THAT THE BOARD SHALL SELECT AND EMPLOY ALL FULL-TIME AND VOLUNTEER PERSONNEL.

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

H. 3434 -- Rep. Littlejohn: A BILL TO AMEND SECTION 12-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF LICENSE TAXES, SO AS TO EXEMPT ELECTRIC POWER OR ENERGY GENERATED BY A FACILITY WHERE THE PRIMARY ENERGY SOURCE IS DERIVED FROM CERTAIN RESOURCES AND UNDER CERTAIN CONDITIONS OR THE FACILITY GENERATING THE ELECTRIC POWER OR ENERGY QUALIFIES UNDER THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978 (P.L. 95-617).

Referred to Committee on Ways and Means.

H. 3435 -- Reps. Huff, Tucker, Rama, T. Rogers, Wilkes, Quinn, Sharpe, Keesley, Winstead, Rudnick, Lockemy, Harwell, Barber, Washington, Keyserling, McElveen, Beasley, Fant, Whipper, J. Bailey, Taylor, Hodges, J. Rogers, Haskins, Hayes, Waites, Mattos, J.C. Johnson, G. Brown, Farr, Corning, Harvin, G. Bailey, Baxley and Wright: 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 OR NURSE.

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

H. 3436 -- Reps. Corning, Waites, Hearn and Hayes: A BILL TO AMEND SECTIONS 16-25-30 AND 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE CRIME OF CRIMINAL DOMESTIC VIOLENCE, SO AS TO INCREASE THE PENALTIES; SECTION 16-25-60, RELATING TO SUSPENSION OF THE SENTENCE FOR A THIRD CONVICTION OF THE CRIME, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO ANY CONVICTION FOR THE CRIME; AND SECTION 20-4-100, RELATING TO THE RESPONSIBILITIES OF A LAW ENFORCEMENT OFFICER IN A DOMESTIC ABUSE INCIDENT, SO AS TO REQUIRE INSTEAD OF AUTHORIZE THE OFFICER TO ARRANGE TRANSPORTATION OF THE ABUSED PERSON TO A HOSPITAL OR SHELTER AND TO ACCOMPANY THE PERSON TO HIS OR HER RESIDENCE.

Referred to Committee on Judiciary.

H. 3437 -- Rep. Davenport: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 16 SO AS TO ESTABLISH A DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DENTAL TECHNICIANS AND LABORATORIES ADVISORY BOARD, TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THIS ADVISORY BOARD, TO DEVOLVE THE DUTIES OF THE STATE BOARD OF DENTISTRY IN REGARD TO THE REGISTRATION OF DENTAL TECHNICIANS AND ORTHODONTIC TECHNICIANS UPON THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE REGISTRATION OF COMMERCIAL DENTAL LABORATORIES BY THE DEPARTMENT AND THE REQUIREMENTS FOR REGISTRATION, TO PROVIDE FOR THE CONTINUING EDUCATION REQUIREMENTS FOR DENTAL TECHNICIANS, TO PROVIDE THAT A DENTIST MAY USE ONLY THE SERVICES OF A COMMERCIAL DENTAL LABORATORY WHICH IS REGISTERED BY THE DEPARTMENT AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS PROVISION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

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

H. 3438 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 14 SO AS TO PROVIDE FOR A JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES TO THE FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, AND SUPREME COURT, FOR ITS MEMBERS, DUTIES, AND RESPONSIBILITIES, AND FOR THE LIMITATIONS ON THE CAMPAIGN BY A CANDIDATE AND MEMBER OF THE GENERAL ASSEMBLY RELATING TO FILLING A VACANCY ON THE COURT; AND TO PROVIDE FOR THE TERMS OF THE INITIAL MEMBERS.

Referred to Committee on Judiciary.

H. 3439 -- Rep. Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 29 SO AS TO PROVIDE FOR THE GENERAL ASSEMBLY TO ESTABLISH A NOMINATING COMMISSION IN ADDITION TO THE QUALIFICATIONS FOR CIRCUIT COURT AND COURT OF APPEALS JUDGES, AND SUPREME COURT JUSTICES CONTAINED IN THIS ARTICLE AND FOR ITS DUTIES.

Referred to Committee on Judiciary.

H. 3440 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4455 SO AS TO PROVIDE THAT ANY NEW MOTOR VEHICLE WITH LIGHTS AND WINDSHIELD WIPERS SOLD OR OFFERED FOR SALE AFTER JULY 1, 1990, IN THIS STATE MUST BE EQUIPPED SO THAT WHEN THE WINDSHIELD WIPERS OF THE VEHICLE ARE TURNED ON, THE LIGHTS ARE ALSO TURNED ON.

Referred to Committee on Labor, Commerce and Industry.

H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.

Referred to Committee on Labor, Commerce and Industry.

H. 3442 -- Rep. Corning: A BILL TO AMEND SECTIONS 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-280, AS AMENDED, 38-77-910, 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE THE MANNER IN WHICH AUTOMOBILE INSURANCE RATES ARE SET AND DETERMINED IN THIS STATE, AND TO REPEAL SECTION 38-73-455 AND SECTION 38-73-457, RELATING TO BASIC AND OBJECTIVE STANDARD RATES FOR AUTOMOBILE INSURANCE, AND SECTION 2 OF ACT 166 OF 1987, RELATING TO AUTOMOBILE INSURANCE RATES FOR YOUTHFUL OPERATORS OF MOTOR VEHICLES.

Referred to Committee on Labor, Commerce and Industry.

H. 3443 -- Reps. Derrick, Cork, T.M. Burriss and Taylor: A BILL TO AMEND SECTION 34-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT OF THE EXAMINATION OF A BANK BY THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE FROM THIRTY TO NINETY DAYS THE TIME A BANK SHALL REVIEW THE REPORT.

Referred to Committee on Labor, Commerce and Industry.

S. 246 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND JURIES, PETIT JURIES, AND THE STATE GRAND JURY, AND TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO INDICTMENTS BY COUNTY GRAND JURIES AND THE STATE GRAND JURY SO AS TO RESTRICT THE JURISDICTION OF THE STATE GRAND JURY TO CRIMES INVOLVING NARCOTICS, DANGEROUS DRUGS, OR CONTROLLED SUBSTANCES AND CRIMES INVOLVING OBSCENITY OR ANY ATTEMPT, SOLICITATION, OR CONSPIRACY TO COMMIT ANY OF THESE CRIMES IF THE CRIMES ARE OF A MULTI-COUNTY NATURE OR HAVE TRANSPIRED, ARE TRANSPIRING, OR HAVE SIGNIFICANCE IN MORE THAN ONE COUNTY OF THIS STATE.

Referred to Committee on Judiciary.

S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.

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

I came in after the roll call and was present for the Session on February 7, 1989.

James C. Johnson                  Tom Limehouse
J. Rogers                         Dick Elliott

I was not present during the Session but arrived in time to attend the Committee meetings on February 7, 1989.

Larry E. Gentry

The SPEAKER granted Reps. J. WILLIAMS and KLAPMAN a leave of absence for the day.

Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.

Rep. WRIGHT moved to adjourn debate upon the following Concurrent Resolution until Wednesday, February 8, which was adopted.

H. 3342 -- Reps. Wright, T.M. Burriss, Corning, Hearn, Koon, Taylor, T. Rogers, Waites, M.D. Burriss, J. Brown, McBride, Sharpe and Faber: A CONCURRENT RESOLUTION TO ENCOURAGE THE CITY GOVERNMENTS OF CAYCE, COLUMBIA, AND WEST COLUMBIA AND THE COUNTY COUNCILS OF LEXINGTON AND RICHLAND COUNTIES TO INCLUDE, EXAMINE, AND CONSIDER THE PROPOSAL OF "THE BRIDGE" AS THE LOCATION FOR THE CONVENTION CENTER.

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

H. 3125 -- Rep. Tucker: A BILL TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICT NO. 5 INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN THE STATE PLUS ONE PERCENT EXCEPT UPON FAVORABLE REFERENDUM VOTE FOR A LARGER INCREASE.

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

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

H. 3166 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

H. 3162 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

H. 3163 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

H. 3136 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE FOR AN EXAMINATION OF REPORTS TO THE COURT OF FINDINGS AND FOR THE DETENTION OR RELEASE OF THE PERSON BY THE COURT.

H. 3165 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES, SO AS TO ADD DATES FOR THE TERMINATION OF THE ATHLETIC TRAINERS' ADVISORY COMMITTEE, THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, AND THE COMMISSION OF HEARING AID DEALERS AND FITTERS.

H. 3207 -- Reps. D. Martin, Clyborne and White: A BILL TO AMEND SECTIONS 7-15-130, 7-15-320, AS AMENDED, AND 7-15-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING, SO AS TO PROVIDE A PROCEDURE ALLOWING ABSENTEE VOTING BY A PERSON WHO IS ADMITTED TO A HOSPITAL AS AN EMERGENCY PATIENT ON THE DAY OF AN ELECTION OR ON THE DAY BEFORE THE ELECTION AND TO PROVIDE THAT AN APPLICATION MAY BE OBTAINED FROM AN EXTENSION OFFICE OF THE REGISTRATION BOARD.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. McLELLAN having the floor.

H. 3388 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-135 SO AS TO PROVIDE THAT THE SEPARATELY MAINTAINED HEALTH INSURANCE AND DENTAL INSURANCE ACCOUNTS IN THE STATE TREASURY MAY BE COMMINGLED FOR THE PURPOSES OF PAYING CLAIMS.

Rep. McLELLAN moved to adjourn debate upon the Bill until Wednesday, February 8, which was adopted.

The following Bill was taken up.

H. 3151 -- Reps. Sheheen and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1615 SO AS TO DEFINE THE TERM ATTORNEY GENERAL OR HIS DESIGNEE FOR PURPOSES OF THE STATE GRAND JURY OF SOUTH CAROLINA; BY ADDING SECTION 14-7-1820 SO AS TO GIVE RETROACTIVE JURISDICTION TO THE STATE GRAND JURY; TO AMEND SECTION 14-7-1630, RELATING TO THE JURISDICTION AND IMPANELING OF THE STATE GRAND JURY, SO AS TO CLARIFY THE DUTIES OF THE CHIEF ADMINISTRATIVE JUDGE; TO AMEND SECTION 14-7-1660, RELATING TO THE SELECTION OF GRAND JURORS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE RATHER THAN THE CLERK OF THE GRAND JURY SHALL DETERMINE THE QUALIFICATIONS OF JURORS; TO AMEND SECTION 14-7-1700, RELATING TO RECORDS OF THE GRAND JURY, SO AS TO REQUIRE THE RECORDING OF GRAND JURY PROCEEDINGS EXCLUSIVE OF VOTING AND DELIBERATION AND TO CLARIFY THE ACCESS OF DEFENDANTS TO REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1720, RELATING TO GRAND JURY SECRECY, SO AS TO EXTEND THE SECRECY RULES TO GOVERNMENTAL PERSONNEL AND TO PROVIDE FOR THE RELEASE OF RECORDS SO THAT DEFENDANTS MAY REVIEW TRANSCRIPTS OF GRAND JURY PROCEEDINGS; TO AMEND SECTION 14-7-1750, RELATING TO INDICTMENTS, SO AS TO PROVIDE THAT THE PRESIDING JUDGE SHALL RETURN AN INDICTMENT TO THE APPROPRIATE COUNTY BY ORDER; AND TO AMEND SECTION 14-7-1780, AS AMENDED, RELATING TO SPACE AND FUNDING FOR THE GRAND JURY, SO AS TO PROVIDE THAT GRAND JURY EXPENSES MUST BE PAID FROM FUNDS APPROPRIATED TO THE STATE BUDGET AND CONTROL BOARD.

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

The following Bill was taken up.

H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.

Rep. BEASLEY moved to adjourn debate upon the Bill until Wednesday, February 8.

Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 32 to 49.

Reps. McEACHIN and NETTLES objected to the Bill.

The question then recurred to the motion to adjourn debate until Wednesday, February 8, which was agreed to.

The following Joint Resolution was taken up.

H. 3324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO PROHIBIT AN INSURER OR RATING ORGANIZATION DOING BUSINESS IN THIS STATE FROM FILING FOR APPROVAL OF A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE INCREASE UNTIL AFTER JULY 1, 1989, AND TO PROVIDE FOR RELATED MATTERS.

Rep. R. BROWN moved to table the Joint Resolution, which was agreed to.

The following Joint Resolution was taken up.

H. 3329 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INSTRUCTION AT A PLACE OTHER THAN SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to commit the Joint Resolution to the Committee on Education and Public Works, retaining its place on the calendar, which was agreed to.

The following Bill was taken up.

H. 3017 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 71 TO TITLE 2 SO AS TO PROVIDE FOR ADDITIONAL LEGISLATIVE MEMBERS ON BOARDS AND COMMISSIONS UNDER THE SUBJECT MATTER JURISDICTION OF THE AGRICULTURE AND NATURAL RESOURCES COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Rep. SNOW explained the Bill.

Rep. WAITES moved to adjourn debate upon the Bill until Tuesday, February 14.

Rep. SHARPE moved to table the motion, which was not agreed to by a division vote of 24 to 38.

The question then recurred to the motion to adjourn debate until Tuesday, February 14, which was agreed to.

The following Bill was taken up.

H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield: A BILL TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 2, by the Committee on Agriculture and Natural Resources.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3123 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2580 SO AS TO ALLOW THE USE OF SNARES FOR BEAVERS IN WATER-SETS.

Rep. RHOAD explained the Bill.

Rep. BAXLEY moved to adjourn debate upon the Bill until Wednesday, February 8, which was adopted.

The following Bill was taken up.

H. 3128 -- Rep. McEachin: A BILL TO AMEND CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH AND GAME, BY ADDING SECTION 50-1-25 SO AS TO PROVIDE FOR A BIRD DOG TRAINING SEASON FROM OCTOBER FIRST THROUGH THE DAY BEFORE THE OPENING OF QUAIL SEASON EACH YEAR, TO REQUIRE THAT NO GAME MAY BE TAKEN BY TRAINERS DURING THE TRAINING SEASON, AND TO REQUIRE BIRD DOG TRAINERS TO HAVE THE APPROPRIATE HUNTING LICENSES AND PERMITS.

Reps. FARR and PHILLIPS proposed the following Amendment No. 1 (Doc. No. 1509U).

Amend the bill, as and if amended, by striking Section 50-1-25 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 50-1-25. (A) Bird dogs may be trained from October first through the opening of quail season each year.

(B) Rabbit dogs may be trained from September first through the opening of rabbit season each year.

(C) No game may be taken by persons engaged in bird dog or rabbit dog training during the training season.

(D) Persons engaged in bird dog or rabbit dog training during the season must have the appropriate hunting licenses and permits required pursuant to this title./

Amend title to conform.

Rep. FARR explained the amendment.

Rep. McTEER moved to adjourn debate upon the Bill until Wednesday, February 8, which was adopted.

Rep. P. HARRIS moved to adjourn debate upon the following Bill until Wednesday, February 8, which was adopted.

H. 3135 -- Reps. P. Harris, J. Harris and Carnell: A BILL TO AMEND SECTION 44-52-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT TO ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO PROVIDE THAT THE COURT, UPON REQUEST, MAY ORDER A PETITIONER FOR THE EMERGENCY COMMITMENT, IF A FAMILY MEMBER, TO COOPERATE WITH AND PARTICIPATE IN THE TREATMENT PROCESS.

The following Joint Resolution was taken up.

H. 3124 -- Reps. Keyserling, Sheheen and Huff: A JOINT RESOLUTION TO AMEND ACT 202 OF 1981, AS AMENDED, RELATING TO THE SOUTH CAROLINA NUCLEAR WASTE CONSULTATION COMMITTEE, SO AS TO DELETE THE REQUIREMENT THAT THE GOVERNOR OR HIS DESIGNEE SERVE AS CHAIRMAN, AND TO PROVIDE FOR THE SELECTION OF THE CHAIRMAN BY THE COMMITTEE'S MEMBERS AND FOR AN ANNUAL TERM OF OFFICE.

Reps. HASKINS, VAUGHN, D. WILLIAMS, KEYSERLING, T. ROGERS, FAIR, WINSTEAD, WHITE, WILDER, McCAIN and HUFF objected to the Joint Resolution.

The following Bill was taken up.

H. 3119 -- Rep. White: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, BY ADDING SECTION 40-7-19 SO AS TO PROVIDE THAT THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER THIS CHAPTER MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.

Reps. BLANDING, McLEOD and FOSTER objected to the Bill.

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

H. 3387 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3392 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO ANNUAL LICENSE RENEWAL FEE: AND DISPLAY OF ANNUAL RENEWAL CERTIFICATE, DESIGNATED AS REGULATION DOCUMENT NUMBER 995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The Senate returned to the House with concurrence the following:

H. 3147 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE HONORABLE D. LESLIE TINDAL, COMMISSIONER OF AGRICULTURE, FOR HIS SERVICE AS PRESIDENT OF THE SOUTHERN ASSOCIATION OF STATE DEPARTMENTS OF AGRICULTURE.

H. 3148 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. ROBERT C. (BOBBY) MARTIN OF CLARENDON COUNTY UPON BEING SELECTED AS THE 1988 RECIPIENT OF THE SOUTH CAROLINA FORESTRY ASSOCIATION'S "OUTSTANDING LOGGER AWARD".

H. 3422 -- Reps. J. Bailey, M.D. Burriss and Mappus: A CONCURRENT RESOLUTION TO COMMEND MAJOR GENERAL JAMES A. GRIMSLEY, JR., PRESIDENT OF THE CITADEL, FOR HIS OUTSTANDING LEADERSHIP OF THIS FINE INSTITUTION UPON THE OCCASION OF HIS UPCOMING RETIREMENT, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

At 1:00 P.M. the House in accordance with the motion of Rep. BLANDING adjourned out of memory and respect for William Blakely James, attorney from Sumter, to meet at 2:00 P.M. tomorrow.

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