Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God, our Refuge and Strength, make sacred Your presence as we pray, and remain with us 'til the day is done. In our work, keep us wise and strong. In our contacts with each other, keep us considerate and charitable. In our dealings with ourselves, keep us honest and loyal to Your way. Hold us in the firm grasp of Your strength for our confidence comes not from our hold on You but from Your hold on us. Renew us, strengthen us and qualify us with Your perfect wisdom. Give to us the resolve of the Psalmist: "I will say to the Lord, He is my Refuge and my Fortress: my God, in Him will I trust" (Psalm 91:2).

We pray in the Name of Him Who is the Light of the world. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

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

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling- A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

Referred to Committee on Ways and Means.

H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.

Referred to Committee on Judiciary.

H. 3741 -- Reps. McGinnis, Mappus, Blackwell, Rama, Hallman, Kay, Wells, Jaskwhich, Davenport, Klapman, Baker, Nesbitt, Littlejohn, Bruce, Lanford, Phillips, Foster, Hayes, Cole and Altman: A BILL TO AMEND SECTION 8-11-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKWEEK UPON WHICH LEAVE MUST BE BASED FOR STATE EMPLOYEES, SO AS TO INCREASE THE WORKWEEK FROM THIRTY-SEVEN AND ONE-HALF HOURS TO FORTY HOURS.

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

H. 3742 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2395 SO AS TO PROVIDE THAT A CHILD MUST NOT BE PLACED IN FOSTER CARE WITH A HOMOSEXUAL OR A BISEXUAL; AND TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO THE PERSONS WHO MAY PETITION THE COURT TO ADOPT A CHILD, SO AS TO EXCLUDE HOMOSEXUALS AND BISEXUALS.

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

H. 3743 -- Reps. Harvin, Burch, J. Brown, H. Brown, Wright, J. Bailey, Cooper, Felder, Smith, Snow, Wofford, Farr, Keegan and Phillips: A BILL TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION TO ISSUE A PERMIT TO CARRY A CONCEALED FIREARM TO ANY RETIRED LAW ENFORCEMENT OFFICER HAVING TWENTY-FIVE YEARS' SATISFACTORY SERVICE WITH A LAW ENFORCEMENT AGENCY.

Referred to Committee on Judiciary.

H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.

Referred to Committee on Judiciary.

H. 3745 -- Reps. J. Bailey and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-200 SO AS TO PROVIDE FOR THE OFFENSE OF TRANSPORTING AN ANIMAL UNDER INADEQUATE CONDITIONS AND IMPORTING OR EXPORTING A DOG OR CAT UNDER EIGHT WEEKS OF AGE WITHOUT ITS DAM AND PROVIDE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

H. 3746 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-120 SO AS TO PROVIDE THAT BUILDING CODE REQUIREMENTS MAY BE SATISFIED BY PLANS STAMPED BY EITHER AN ARCHITECT OR AN ENGINEER.

Referred to Committee on Labor, Commerce and Industry.

H. 3747 -- Reps. J. Bailey, T. Rogers, J. Rogers, Huff, McElveen, Chamblee, J.C. Johnson, Washington, Waites, Wilkes, Smith, Baxley, J.C. Johnson, G.Bailey, Barber, Harwell, White, Holt, Keyserling, Tucker, Rudnick, Wilder, Townsend, Faber, Manly, Ferguson, P. Harris, Rhoad, Felder, McKay, Kay, Whipper, Farr, McBride, Elliott, J. Brown, Fant, Lockemy, D. Martin, J. Williams, Keesley, Davenport, Hodges, Snow, Gregory, Blanding, K. Bailey, Gordon, Short, Glover, Barfield, Nesbitt, Hayes, Phillips, Wilkins, Jaskwhich, Moss and McEachin: A BILL TO AMEND SECTION 38-73-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COOPERATION AMONG RATING ORGANIZATIONS, SO AS TO CHANGE THEIR NAME TO ADVISORY ORGANIZATIONS AND DELETE THE ANTITRUST EXEMPTION IN ORDER TO PROMOTE COMPETITION IN THE INSURANCE INDUSTRY AND ALLOW THEM TO COMPILE AND DISSEMINATE ONLY HISTORIC LOSS DATA WITH NO MATHEMATICAL MANIPULATION; TO REPEAL SECTIONS 38-73-510, 38-73-530, 38-73-1210, 38-73-1270, 38-73-1280, 38-73-1290, 38-73-1310, 38-73-1320, 38-73-1330, 38-73-1340, 38-73-1360, AND 38-73-1540, RELATING TO THE REQUIREMENT THAT EVERY WORKERS' COMPENSATION INSURER BE A MEMBER OF A NONPARTISAN RATING BUREAU, THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO GRANT A COMPETITIVE INSURANCE RATE ON A SPECIFIC RISK, THE REQUIREMENT THAT MEMBERS OF RATING ORGANIZATIONS ARE NOT REQUIRED TO FILE INDIVIDUALLY, THE REQUIREMENT THAT NOTICE OF CHANGES IN RULES AND REGULATIONS MUST BE GIVEN TO SUBSCRIBERS, THE PROHIBITION THAT A RATING ORGANIZATION MAY NOT ADOPT A RULE WHICH WOULD REGULATE CERTAIN PAYMENTS, THE REQUIREMENT THAT A MEMBER OR SUBSCRIBER TO A RATING ORGANIZATION SHALL ADHERE TO THE FILINGS MADE ON ITS BEHALF, PROVISIONS REGARDING APPLICATION BY A MEMBER OF OR SUBSCRIBER TO A RATING ORGANIZATION FOR DEVIATION BY A CASUALTY OR AUTOMOBILE INSURER, THE HEARING AND ACTION BEFORE THE COMMISSION REGARDING THE RATING ORGANIZATION UPON APPLICATION, THE MAKING OF RULES FOR SUBMISSION TO THE COMMISSION BY A RATING ORGANIZATION, THE APPEAL BY A MINORITY OF MEMBERS OR SUBSCRIBERS OF A RATING ORGANIZATION FROM AN ACTION OR DECISION OF THE ORGANIZATION TO THE COMMISSION, THE SUBSCRIPTION OR PURCHASE OF ACTUARIAL, AND OTHER TECHNICAL SERVICES, AND RATE FILING BY INSURERS WHICH ARE NOT SUPPORTED BY DATA FROM UNAUTHORIZED ADVISORY ORGANIZATIONS; TO AMEND SECTIONS 38-57-130 AND 38-57-140, RELATING TO THE PROHIBITION OF MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE REBATED AND THE DEFINITION OF DISCRIMINATION AND REBATES REGARDING LIFE INSURANCE, ANNUITIES, AND DISABILITY INSURANCE, SO AS TO AUTHORIZE REBATES OF AGENTS' COMMISSIONS IN AUTOMOBILE INSURANCE POLICIES AND CONTRACTS; TO REENACT SECTION 38-73-465, SO AS TO PROVIDE FOR THE REVISION AND REVIEW OF RATES FOR AUTOMOBILE INSURANCE BY THE CHIEF INSURANCE COMMISSIONER, INCLUDING PROVISIONS WHICH LIMIT THE AMOUNT FOR EACH PREMIUM DOLLAR OF EXPENSES ALLOWABLE, CODIFY THE RATE OF RETURN FORMULA ON INVESTMENT INCOME, AND REQUIRE A FIFTEEN PERCENT RATE REDUCTION FOR THE AVERAGE DRIVER WITH ZERO MERIT RATING SURCHARGE POINTS; AMEND SECTION 38-77-910, RELATING TO UNLAWFUL DISCRIMINATION BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE THAT NEITHER GENDER NOR AGE MAY BE INCLUDED IN RATING PLANS BUT MILES DRIVEN MUST BE INCLUDED; BY ADDING SECTION 38-77-360 SO AS TO REQUIRE AUTOMOBILE INSURANCE COMPANIES TO DEVELOP AND IMPLEMENT SAFETY PROGRAMS TO HELP LOWER COSTS; BY ADDING SECTIONS 34-3-120 AND 34-3-130 SO AS TO AUTHORIZE THE PARTICIPATION OF FINANCIAL INSTITUTIONS IN REINSURANCE AND IN INSURANCE EXCHANGES, AND THREE YEARS FROM THE EFFECTIVE DATE OF SECTION 34-3-120 AUTHORIZE THESE INSTITUTIONS TO ENTER ALL LINES OF INSURANCE; TO AMEND SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY, SO AS TO PROHIBIT COMPANIES FROM CEDING AUTOMOBILE DRIVERS TO THE FACILITY UNLESS THE OBJECTIVE STANDARDS ARE MET, AND REQUIRE AN INSURANCE COMPANY TO INFORM POLICYHOLDERS IF THEY ARE IN THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO ELIMINATE THE ENTIRE RECOUPMENT CHARGE FOR POLICYHOLDERS WITH NO SURCHARGE POINTS AND INCREASE THE MULTIPLIER IN THE FORMULA FOR POLICYHOLDERS IN THE FACILITY; TO AMEND SECTION 38-77-620, RELATING TO THE INCLUSION OF RECOUPMENT CHARGES IN AUTOMOBILE INSURANCE RATES, SO AS TO DELETE THE ADDITION OF THE BASE TO THE RECOUPMENT CHARGE AND ADD EXPENSES WHICH ARE ACTUAL, PRUDENTLY INCURRED TO THOSE FACTORS USED IN DETERMINING RATES FOR SMALL COMMERCIAL AUTOMOBILE RISKS; TO AMEND SECTION 38-77-110, RELATING TO THE REQUIREMENT OF AUTOMOBILE INSURANCE COMPANIES TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES OR SMALL COMMERCIAL RISKS, SO AS TO PROVIDE FOR PENALTIES FOR AVOIDANCE TO WRITE THE POLICIES OR FOR UNDUE COERCION OR OTHER UNFAIR EMPLOYMENT PRACTICES BY COMPANIES AGAINST THEIR AGENTS; BY ADDING SECTION 38-77-245 SO AS TO PROVIDE THAT WHEN AN UNINSURED MOTOR VEHICLE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE THE DRIVER OF THE OTHER VEHICLE WHO IS INSURED IS AT FAULT, THE UNINSURED DRIVER, IF ANY, IS ENTITLED TO DAMAGES FOR BODILY INJURY RESULTING FROM THE ACCIDENT BUT NO PROPERTY DAMAGES TO THE UNINSURED MOTOR VEHICLE ARE ALLOWED; AND BY ADDING ARTICLE 2, CHAPTER 77, TITLE 38 SO AS TO REQUIRE A CERTIFICATE OF INSURANCE TO BE PLACED ON ALL MOTOR VEHICLES REGISTERED IN THIS STATE SO AS TO INSURE THAT ALL MOTOR VEHICLES HAVE AUTOMOBILE LIABILITY POLICIES IN FORCE ON THESE VEHICLES, AND TO PROVIDE THAT EACH POLICYHOLDER, BY THE IMPLEMENTATION OF A CERTIFICATE OF INSURANCE SYSTEM, BE RESPONSIBLE FOR THE INSURANCE OF HIS VEHICLE SO THAT THE RECOUPMENT FEE SURCHARGE MAY BE ABOLISHED AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

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

H. 3749 -- Reps. J. Bailey and Barber: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.

Referred to Committee on Agriculture and Natural Resources.

H. 3750 -- Reps. Cooper and Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-16 SO AS TO PROVIDE THAT A LICENSED OPTOMETRIST MAY PRACTICE HIS PROFESSION IN A SPACE LEASED OR RENTED IN A BUSINESS ESTABLISHMENT.

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

H. 3752 -- Reps. McLellan, Carnell, McAbee, Boan and Blanding: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO EXPAND THE PURPOSES FOR WHICH BONDS WERE AUTHORIZED FOR THE RENOVATION OF THE ADMINISTRATION BUILDING, AIRPORT CAMPUS OF MIDLANDS TECHNICAL COLLEGE AND AUTHORIZE GLASSROOM BUILDING RENOVATIONS ON THE BELTLINE CAMPUS OF THE COLLEGE.

Referred to Committee on Ways and Means.

S. 267 -- Senator McLeod: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO PROVIDE FOR THE MANAGEMENT OF INFECTIOUS WASTE; TO AMEND SECTION 51, PART II OF ACT 658 OF 1988,RELATING TO THE COMMERCIAL DISPOSAL OF INFECTIOUS WASTE BY INCINERATION, SO AS TO PROVIDE FOR THE TREATMENT OF INFECTIOUS WASTE INSTEAD OF COMMERCIAL DISPOSAL.

Referred to Committee on Agriculture and Natural Resources.

S. 346 -- Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.

Referred to Committee on Labor, Commerce and Industry.

S. 395 -- Senator McGill: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED AND OPEN SEASON ON SHAD, SO AS TO REVISE THE TIMES WHEN SHAD MAY BE TAKEN BY GILL NET IN CERTAIN PORTIONS OF THE SANTEE RIVER.

Referred to Committee on Agriculture and Natural Resources.

S. 424 -- Senators McLeod, Waddell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-170 SO AS TO PROVIDE THAT COUNTIES JOINTLY DEVELOPING AN INDUSTRIAL PARK PURSUANT TO SECTION 13, ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SHALL INCLUDE EXPENSE SHARING AND PERCENTAGE ALLOCATION AND DISTRIBUTION OF REVENUE IN THEIR WRITTEN AGREEMENT AND THAT ALLOCATIONS FOR PURPOSES OF LIMITATIONS ON BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY MUST BE IDENTICAL TO THE REVENUE PERCENTAGE ALLOCATION.

Referred to Committee on Ways and Means.

The following was introduced:

H. 3751 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE WESTSIDE HIGH SCHOOL GIRLS' BASKETBALL TEAM UPON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO RECOGNIZE COACH WILLIAM ROBERTS FOR LEADING HIS TEAM TO VICTORY.

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

The following was introduced:

H. 3753 -- Reps. Snow, Gordon and Altman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE RUBEN DAVIS OF THE SAMPIT COMMUNITY IN GEORGETOWN COUNTY.

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

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.
Barber                 Barfield               Baxley
Beasley                Bennett                Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cole
Cooper                 Corbett                Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Ferguson               Foster                 Gentry
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Kirsh
Lanford                Limehouse              Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Stoddard               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 March 23, 1989.

R.S. Corning                      C. Lenoir Sturkie
Harriet Keyserling                Dell Baker
John B. Williams                  Rick Quinn
Robert A. Kohn                    Jarvis R. Klapman
John J. Snow, Jr.                 Howell Clyborne
Larry Koon                        Alex Harvin
John Felder

The SPEAKER granted Reps. BLACKWELL and LOCKEMY a leave of absence for the day to represent the Health Oversight Committee in a meeting with the Washington Congressional Delegation on state health financing issues.

Rep. BLANDING signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 22, 1989.

Announcement was made that Dr. Leonard Douglas of Belton is the Doctor of the Day for the General Assembly.

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

H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.

H. 3601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE; AND BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM.

H. 3622 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCE OF FUNDS AND ESTABLISH PRIORITIES FOR THE APPROPRIATIONS, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-437 SO AS TO ALLOW A DEDUCTION FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, PARTNERSHIPS (INCLUDING S CORPORATIONS), ESTATES, AND TRUSTS EQUAL TO FOURTEEN PERCENT OF NET LONG-TERM CAPITAL GAIN FOR TAXABLE YEARS BEGINNING AFTER 1988, TO DEFINE NET LONG-TERM CAPITAL GAIN, TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE IMPLEMENTING REGULATIONS, AND TO PROVIDE THAT SECTION 12-7-437 OF THE 1976 CODE SHALL TAKE EFFECT IF THERE IS AVAILABLE FIVE MILLION SIX HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1988-89 UNOBLIGATED SURPLUS REVENUES.

H. 3144 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING REQUIREMENTS WHEN A CHILD'S PHYSICAL OR MENTAL HEALTH OR WELFARE HAS BEEN OR MAY BE ADVERSELY AFFECTED BY ABUSE OR NEGLECT, SO AS TO REQUIRE THE PERSON TO REPORT RATHER THAN AUTHORIZING HIM TO CAUSE A REPORT TO BE MADE.

H. 3274 -- Reps. Townsend, Kay, L. Martin, Fair, Clyborne, Manly, Waldrop, Baker, P. Harris, T.C. Alexander, J. Rogers, J.W. Johnson, McLellan, Cooper, Rhoad, M.O. Alexander, Chamblee, Simpson and Hendricks: A BILL TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.

H. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO REVISE CERTAIN MEMBERSHIP OF THE COUNCIL; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.

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

S. 528 -- Senators J. Verne Smith, Mitchell, Stilwell, Bryan and Thomas: A BILL TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN GREENVILLE COUNTY, AND TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO REVISE THE NUMBER AND LOCATION OF THESE MAGISTRATES.

H. 3698 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN RESEARCH CORPORATION IN BEAUFORT COUNTY.

H. 3713 -- Rep. McLellan: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT SALES TO THE FEDERAL GOVERNMENT OF ELECTRICITY AND OF WAYS OR MEANS FOR TRANSMISSION OF THE VOICE OR MESSAGES.

On motion of Rep. CLYBORNE, with unanimous consent, it was ordered that S. 528 be read the third time Monday.

The following Bill was taken up.

S. 531 -- Senator Lindsay: A BILL TO AMEND SECTION 59-53-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHESTERFIELD-MARLBORO AREA TECHNICAL EDUCATION COMMISSION, SO AS TO CHANGE THE NAME TO THE CHESTERFIELD-MARLBORO TECHNICAL COLLEGE AREA COMMISSION AND PROVIDE THAT THE SUPERINTENDENTS OF THE SCHOOL DISTRICTS OF DILLON COUNTY SHALL SERVE IN ROTATING TERMS AS EX OFFICIO MEMBERS OF THE COMMISSION.

Reps. J. HARRIS, BURCH, J. ROGERS, BEASLEY and LOCKEMY proposed the following Amendment No. 1 (Doc. No. 2913U), which was adopted.

Amend the bill, as and if amended, Section 59-53-510, as contained in SECTION 1, by striking /Chesterfield-Marlboro Area Technical Education/ on line 34 of page 1 and inserting /Chesterfield-Marlboro Area Technical Education/.

Amend title to conform.

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

On motion of Rep. J. ROGERS, with unanimous consent, it was ordered that S. 531 be read the third time Monday.

The following Bill was taken up.

H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.

Rep. ALTMAN explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 11, which was adopted.

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, March 28, which was adopted.

H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

The following Bill was taken up.

S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES.ARE APPROVED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2356U), which was adopted.

Amend the bill, as and if amended, by striking Section 38-71-310(C), as contained in SECTION 1, page 3, beginning on line 11, and inserting:

/ (C) At any time the Commissioner, after a public hearing of which at least thirty days' written notice has been given, may withdraw approval of forms or rates previously approved under subsections (A) and (B) if he determines that the forms or rates no longer meet the standards for approval specified in subsections (A) and (B)./

Amend title to conform.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

Rep. LIMEHOUSE proposed the following Amendment No. 2, which was adopted.

Amend the bill, as and if amended, by inserting:

"Section 38-71-315. Any insurer of individual accident and health insurance may at any time, except when required by law or order of the Commissioner, voluntarily decrease its premium charge for any approved policy form without the prior approval of the Commissioner. However, the insurer must notify the Commissioner and the Consumer Advocate for information thirty (30) days prior to the use of the revised premium charge. Notwithstanding any other provision of law, any time within one (1) year after using such revised premium charge, the insurer may return its premium charge back to the previously approved level by informing the Commissioner and the Consumer Advocate of the revision thirty (30) days prior to the effective date.

The Commissioner may not disapprove such revisions."

Amend to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Reps. R. BROWN and NEILSON proposed the following Amendment No. 3 (Doc. No. 2955U), which was adopted.

Amend the bill, as and if amended, in SECTION 1, by striking /as amended by Act 316 of 1988/ as contained on line 24 of page 1 and inserting /as amended by an act of 1989 bearing Ratification Number 38/.

Amend the bill further, as and if amended, by adding a new subsection to be designated subsection (C) which shall read:

/(C) For major medical expense coverage individual accident and health insurance policies, as defined by regulation of the commissioner, the benefits are deemed reasonable in relation to the premium charged if the insurer has filed a loss ratio guarantee with the commissioner. This guaranteed loss ratio must be equivalent to, or greater than, the most recent loss ratios detailed within the National Association of Insurance Commissioners' "Guidelines for Filing of Rates for Individual Health Insurance Forms." This loss ratio guarantee must be in writing and must contain at least the following:

(1) A recitation of the anticipated (target) loss ratio standards contained in the original actuarial memorandum filed with the policy form when it was originally approved.

(2) A guarantee that the actual South Carolina loss ratios for the calendar year in which the new rates take effect, and for each year thereafter until new rates are filed will meet or exceed the loss ratio standards referred to in item (1) above.

(3) A guarantee that the actual South Carolina loss ratio results for the year at issue will be independently audited at the insurer's expense. This audit must be done in the second quarter of the next year and the audited results must be reported to the commissioner not later than the date for filing the applicable Accident and Health Policy Experience Exhibit.

(4) A guarantee that affected South Carolina policyholders will be issued a proportional refund (based on premium paid) of the amount necessary to bring the actual aggregate loss ratio up to the anticipated loss ratio standards referred to in item (1) above. The refund must be made to all South Carolina policyholders insured under the applicable policy form as of the last day of the year at issue if the refund would equal five dollars or more. The refund must include statutory interest from the end of the year at issue until the date of payment. Payments must be made during the third quarter of the next year.

(5) As used herein, the term "loss ratio" means the ratio of incurred losses to earned premium by number of years of policy duration, for all combined durations.

(6) The reference in item (1) of this subsection to the "anticipated (target) loss ratio standards contained in the original actuarial memorandum filed with the policy form when it was originally approved" may not be considered or construed as evidence of legislative intent that the use of, or adherence to, such "anticipated (target) loss ratio standards" is approved or disapproved in any application for a rate increase for any policy form approved prior to the effective date of these amendments to Section 38-71-310./

Renumber existing subsection (C) and other subsections to conform.

Amend title to conform.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 4, which was adopted.

That the S.C. Insurance Commission shall consider profits, including investments of the company, before considering a rate increase.

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

The following Bill was taken up.

H. 3120 -- Rep. White: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS AND PROVISIONS REGARDING DANGEROUS DRUGS, LICENSED PHARMACISTS, AND DRUG OUTLETS, SO AS TO PROHIBIT THE REFILLING OF CERTAIN PRESCRIPTION MORE THAN ONE YEAR BEYOND THE DATE ON WHICH THEY WERE ORIGINALLY FILLED, AND PROVIDE THAT NOTHING IN THIS SECTION ABRIDGES ANY RIGHT OF A PHARMACIST TO REFUSE TO FILL OR REFILL ANY PRESCRIPTION.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc. No. 2500U).

Amend the bill, as and if amended, in the first paragraph of Code Section 40-43-150, as contained in SECTION 1, by inserting between /drug/ and /bearing/ the following:
/or device as defined in Section 39-23-20/.

When amended, the first paragraph of the Code section shall read:

/It is unlawful for any person to sell, give away, barter, exchange, distribute, or possess in the State, except on a prescription of a licensed physician, medical or osteopathic, podiatrist, dentist, or veterinarian any drug or device as defined in Section 39-23-20 bearing on its manufacturer's or distributor's original commercial container the legend, 'CAUTION: Federal law prohibits dispensing without a prescription' and those which, in the discretion of the Board of Pharmacy, are classified as 'dangerous drugs' within the meaning of this section./

Amend title to conform.

Rep. DAVENPORT explained the amendment and moved to adjourn debate upon the Bill until Tuesday, March 28, which was adopted.

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, March 28, which was adopted.

H. 3414 -- Reps. Beasley, Hayes, Fair, P. Harris, J. Harris, Carnell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR COMMISSION MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN.

Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, March 28, which was adopted.

H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING, TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.

The following Bill was taken up.

H. 3007 -- Rep. M.D. Burriss: A BILL TO PROHIBIT A PERSON FROM SERVING AS A MEMBER OF A SCHOOL DISTRICT BOARD OF TRUSTEES BY WHICH THE PERSON IS EMPLOYED.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2725U).

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

/SECTION 1. Section 59-25-10 of the 1976 Code is amended to read:

"Section 59-25-10. No person who is a member of the board of trustees or a member of the immediate family of a member of the board of trustees of any a school district shall may be employed by the board as a teacher without the its written approval of the board of trustees of the district and, when applicable, of the board of education of the county, or unless a majority of the parents or guardians of the children attending the school for which such teacher the person is employed requests such the employment in writing. The provisions of this section shall not apply to any teacher who was employed prior to the time he or his family member became a board member. For purposes of this section, the immediate family of a member of the board of trustees shall include includes only his parents, spouse, children, brothers, or sisters. Provided, that the provisions of this section shall not apply to school bus drivers."

SECTION 2. Section 59-19-300 of the 1976 Code is repealed.

SECTION 3. The provisions of Section 59-25-10 of the 1976 Code, as amended in Section 1 of this act, apply to members of a board of trustees whose terms begin after December 31, 1989.

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

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Reps. TAYLOR, K. BAILEY and WHIPPER objected to the Bill.

The following Bill was taken up.

S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

Rep. NETTLES explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. NETTLES having the floor.

Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.

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

S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

Rep. NETTLES continued speaking.

Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3332 -- Reps. Wofford, Haskins, Rama, M.D. Burriss, Mappus, Manly, Quinn, G. Bailey, Moss, Vaughn, Hearn, Wright, Wells, Neilson, Keegan, Bruce, Davenport, Phillips, Corbett, Fair, Littlejohn, Barfield, J. Harris, McGinnis, Winstead and Limehouse: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE ADDITIONAL CRIMES.

Rep. WASHINGTON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

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.

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up.

H. 3726 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO SCOPE OF POWERS GRANTED TO TIER B LAND SURVEYORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. GENTRY made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

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

H. 3727 -- Rep. Elliott: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KOOL-A-BREW, INC., IN HORRY COUNTY.

S. 523 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 13 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1989.

On motion of Rep. RUDNICK, with unanimous consent, it was ordered that S. 523 be read the third time Monday.

The following Bill was taken up.

H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.

Rep. T.M. BURRISS moved to adjourn debate upon the Bill.

Rep. J. ROGERS moved to table the motion.

Rep. T.M. BURRISS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 71 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3565 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

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

Rep. T.M. BURRISS explained the Bill.

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

H. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.

Rep. LIMEHOUSE explained the Bill.

Rep. McLELLAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 67 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

The following Bill was taken up.

S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Upon the withdrawal of objections by Reps. SIMPSON, FANT and BLANDING the following Bill was taken up.

H. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS ON ONE PERCENT OF THE UNPAID LOAN BALANCE.

Debate was resumed on Amendment No. 2, which was proposed on Thursday, February 23, by Rep. CORK.

Rep. GENTRY moved to adjourn debate upon the Bill until Tuesday, March 28, which was adopted.

Rep. FERGUSON asked unanimous consent to recall H. 3095 from the Committee on Education and Public Works.

Rep. KLAPMAN objected.

Rep. BAKER asked unanimous consent to recall S. 242 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. HOLT objected.

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

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

H. 3355 -- Rep. Blackwell: A BILL TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE OF THE METHOD OF ENDORSEMENT IT CHOOSES TO UTILIZE.

Rep. BAXLEY explained the Senate amendments.

Rep. LIMEHOUSE moved to continue the Bill, which was not agreed to by a division vote of 7 to 77.

Further proceedings were interrupted by a Rules Committee Report, the pending question being the consideration of Senate Amendments, Rep. BAXLEY having the floor.

The following was introduced:

H. 3754 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3398, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES AND TRUSTEES OF COOPERATIVES, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, MARCH 29, 1989, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND CONTINUING EACH LEGISLATIVE DAY THEREAFTER UNTIL H. 3398 IS GIVEN THIRD READING OR IS OTHERWISE DISPOSED OF.

Be it resolved by the House of Representatives:

That H. 3398 be set by special order for second reading or other consideration on Wednesday, March 29, 1989, immediately following the call of the uncontested calendar and continuing each legislative day thereafter until H. 3398 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The question then recurred to the adoption of the Resolution.

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

The Resolution was then adopted by a division vote of 90 to 2.

The following was introduced:

H. 3755 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3695, RELATING TO AUTOMOBILE INSURANCE, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, APRIL 4, 1989, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3695 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.3695 be set by special order for second reading or other consideration on Tuesday, April 4, 1989, immediately following the call of the uncontested calendar and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H.3695 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the Resolution.

The Resolution was adopted.

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

The Senate returned to the House with concurrence the following:

H. 3730 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION CONGRATULATING LAURENCE MANNING ACADEMY OF CLARENDON COUNTY FOR WINNING ITS SECOND CONSECUTIVE SCISAA 3A STATE CHAMPIONSHIP IN BOYS' BASKETBALL.

H. 3751 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE WESTSIDE HIGH SCHOOL GIRLS' BASKETBALL TEAM UPON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO RECOGNIZE COACH WILLIAM ROBERTS FOR LEADING HIS TEAM TO VICTORY.

H. 3753 -- Reps. Snow, Gordon and Altman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE RUBEN DAVIS OF THE SAMPIT COMMUNITY IN GEORGETOWN COUNTY.

At 11 :20 A.M. the House in accordance with the motion of Rep. FAIR adjourned to meet at 10:00 A.M. Monday in Local Session.

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