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:

We thank You, Heavenly Father, for every new day with its doors of promise, its hours to be filled with worthy endeavors, and for the hope of renewed challenges. Cause us to never break faith with yesterday's worthwhile resolutions or leave unrepaired wrongs done in the past. When actions would make the world better, when a word would cheer a despondent heart or brace a faltering faith, there let us speak. Make our trust in God of such proportion as to exceed the might of our industry, our science, our commerce. May we be found always possessing courage to correct what is wrong and uphold what is right as You give us judgment to discern the difference.

In the Name of Jesus we make our prayer. 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.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3185--Rep. Waldrop: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3283 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-144 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROVIDE HEALTH AND DENTAL INSURANCE COVERAGE TO REGIONAL TOURISM PROMOTION COMMISSIONS UNDER THE STATE HEALTH INSURANCE PLAN.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3529 -- Reps. Kirsh, Nesbitt and Foster: A JOINT RESOLUTION TO AUTHORIZE A COUNTY TO EXHAUST ITS SUPPLY OF REASSESSMENT FORMS BEFORE USING THE FORMS REQUIRED UNDER THE PROVISIONS OF SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, WITH AN EXCEPTION THAT WOULD PROHIBIT THE COUNTY FROM USING THESE FORMS WHICH DO NOT COMPLY WITH THE PROVISIONS OF THAT CODE SECTION AFTER DECEMBER 31, 1990.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3646 -- Reps. Waites, Mattos, White, Washington, Harvin, Littlejohn, J. Bailey, Davenport, Elliott and Keegan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PROBATE FEES AND COSTS AND SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO REVISE THE PROVISIONS OF THE SECTION, INCLUDING DELETING CERTAIN PROVISIONS AND INCREASING VARIOUS FEES AND COSTS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 434 -- Senators Setzler and Waddell: A JOINT RESOLUTION TO PROVIDE THAT THE ESTATE, HEIRS, OR BENEFICIARIES OF CLASSIFIED STATE EMPLOYEES WHO WERE EMPLOYED ON JUNE 1, 1988, AND WHO DIED AFTER JUNE 1, 1988, BUT BEFORE DECEMBER 1, 1988, ARE ENTITLED TO THE THREE HUNDRED SIXTY-FIVE DOLLAR LUMP SUM PAYMENT AUTHORIZED IN THE 1988-89 GENERAL APPROPRIATIONS BILL, AND TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE PAYMENTS MUST BE MADE.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 61 -- Senator Stilwell: A BILL TO AMEND SECTION 12-61-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE WHICH IS EITHER THE ADDRESS SHOWN ON THE DEED CONVEYING THE PROPERTY TO HIM OR THE PROPERTY ADDRESS.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1987 AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1989.

Ordered for consideration tomorrow.

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

H. 3704 -- Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Fair, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.

Ordered for consideration tomorrow.

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

H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.

Ordered for consideration tomorrow.

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

H. 3658 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY: TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION 16-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS AND TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE EFFECTIVE JULY 1, 1989.

Ordered for consideration tomorrow.

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

H. 3341 -- Rep. Hayes: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE GIVEN TO OWNERS AND LIENHOLDERS BY A SHERIFF OR CHIEF OF POLICE WHEN AN ABANDONED MOTOR VEHICLE HAS BEEN TAKEN INTO CUSTODY, SO AS TO AUTHORIZE THE NOTICE TO BE SENT BY CERTIFIED MAIL IN ADDITION TO REGISTERED MAIL.

Ordered for consideration tomorrow.

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

S. 224 -- Judiciary Committee: A BILL TO REPEAL SECTION 8-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH REQUIRES AN ADDITIONAL OATH FOR COUNTY OFFICERS WITH REGARD TO SHARING PROFITS.

Ordered for consideration tomorrow.

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

S. 269 -- Judiciary Committee: A BILL TO AMEND SECTION 15-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF NOTICE OF LIS PENDENS, SO AS TO PROVIDE THAT A NOTICE OF LIS PENDENS MAY BE CANCELLED WITHOUT A COURT ORDER BY THE PERSON WHO FILED THE ACTION.

Ordered for consideration tomorrow.

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

S. 388 -- Senators Shealy, Setzler and Wilson: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.

Ordered for consideration tomorrow.

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

H. 3452 -- Reps. Harvin, T. Rogers, McBride, Snow, Mappus, Rama, Hallman, Wilkes, Corning, Kohn, White, Keegan, McKay, Haskins, Farr, Phillips, Barfield and Neilson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.

Ordered for Consideration tomorrow.

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

H. 3272 -- Reps. Rudnick, Harvin, Holt, G. Brown, Klapman and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.

Ordered for consideration tomorrow.

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

H. 3300 -- Reps. Rudnick, Harvin, Whipper, Keegan and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.

Ordered for consideration tomorrow.

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

H. 3456 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-55 SO AS TO PROVIDE A PROCEDURE FOR HOLDING, ADVERTISING, AND RETURNING A PISTOL TO THE PERSON WHO FOUND AND TURNED THE PISTOL IN TO A LAW ENFORCEMENT AGENCY.

Ordered for consideration tomorrow.

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

S. 328 -- Senator Lourie: A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.

Ordered for consideration tomorrow.

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

S. 280 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-583 SO AS TO PROVIDE FOR REIMBURSEMENT, UP TO ONE THOUSAND DOLLARS, TO CRIMESTOPPERS, INC., FOR MONEY PROVIDED FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS AND SUBSEQUENT CONFISCATION AND FORFEITURE OF MONIES IN NARCOTICS INVESTIGATIONS.

Ordered for consideration tomorrow.

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

S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.

Ordered for consideration tomorrow.

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

S. 276 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-39-635 SO AS TO PROVIDE FOR JUDICIAL SALES OF REAL PROPERTY IN COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY.

Ordered for consideration tomorrow.

The following was introduced:

H. 3963 -- Reps. Manly, Mattos, M.O. Alexander, Clyborne, Blackwell, Baker, Wilkins, L. Martin, Keyserling, Haskins, Jaskwhich, Fant and Fair: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL LEGISLATION THAT TOOK EFFECT JANUARY 1, 1989, WHICH SUBSTANTIALLY REDUCES THE NUMBER OF PATIENTS WITH MENTAL ILLNESS OR IMPAIRMENTS WHO ARE QUALIFIED TO BE ADMITTED TO NURSING HOMES THROUGHOUT THE UNITED STATES.

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

The following was introduced:

H. 3954 -- Reps. Manly, Mattos, Blackwell, Fant, Baker, M.O. Alexander, Wilkins, Jaskwhich, Clyborne, Haskins, Vaughn and Fair: A CONCURRENT RESOLUTION TO COMMEND THE GREENVILLE COUNTY SCHOOL DISTRICT FOR BEING CHOSEN THE TOP SCHOOL DISTRICT IN THE COUNTRY FOR ARTS EDUCATION BY THE KENNEDY CENTER FOR THE PERFORMING ARTS AND THE NATIONAL SCHOOL BOARDS ASSOCIATION.

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

The Senate sent to the House the following:

S. 691 -- Senators Patterson, Lourie, Giese and Courson: A CONCURRENT RESOLUTION TO RECOGNIZE REVEREND CLARK ROBERT HAWTHORNE, SR., OF COLUMBIA UPON HIS RETIREMENT FROM THE STATE DEPARTMENT OF SOCIAL SERVICES AFTER MORE THAN THIRTY-THREE YEARS OF STATE SERVICE AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

The Senate sent to the House the following:

S. 692 -- Senators Setzler, Waddell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ILA MAE CLAMP COLLINS OF FAIRFIELD COUNTY, WIFE OF PURVIS W. COLLINS, WHO DIED MONDAY, APRIL 17, 1989.

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

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

H. 3955 -- Rep. Locke my: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-3-115 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PAY THE UTILITIES FOR OFFICE SPACE OCCUPIED BY COUNTY DEPARTMENTS OF SOCIAL SERVICES, AND TO DEFINE UTILITIES.

Referred to Committee on Ways and Means.

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

Referred to Committee on Education and Public Works.

S. 471 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR THE STATE TO BE AWARDED DAMAGES FOR THE UNLAWFUL DESTRUCTION OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED OR THREATENED SPECIES, OR THE LANDS OR WATERS OWNED BY THE STATE, INCLUDING WETLANDS, FOR THE USE OF THE MONEY, AND FOR ENFORCEMENT AND IMPLEMENTATION OF THE SECTION.

Referred to Committee on Agriculture and Natural Resources.

S. 503 -- Senators Land, Moore, Lourie, McLeod, Lindsay, Thomas, Bryan, Mitchell, Patterson, Pope and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.

Referred to Committee on Labor, Commerce and Industry.

S. 522 -- Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: A BILL TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.

Referred to Committee on Ways and Means.

S. 652 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT - TASK FORCE RECOMMENDATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1068, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

S. 657 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO PROVIDE THAT THE JURY AREAS IN AIKEN COUNTY CONFORM TO CERTAIN PRECINCT LINES.

Referred to Aiken Delegation.

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               Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Davenport
Derrick                Elliott                Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Foster
Glover                 Gordon                 Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J. C.
Kay                    Keegan                 Keesley
Kirsh                  Klapman                Kohn
Lanford                Limehouse              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, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams, D.           Winstead
Wofford                Wright

I came in after the roll call and was present for the Session on April 19, 1989.
Harriet Keyserling     Jack Gregory

Terry Haskins                     Roland S. Corning
John B. Williams                  Grady Brown
William D. Boan                   J.W. Johnson, Jr.
Paul Short                        Tim Wilkes
Larry Gentry                      Larry Koon

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

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, April 18, 1989.

Announcement was made that Dr. Vasa Cate of West Columbia is the Doctor of the Day for the General Assembly.

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

H. 3832 -- Rep. McTeer: A BILL TO PROVIDE FOR THE COMPOSITION AND ELECTION OF HAMPTON COUNTY SCHOOL DISTRICTS 1 AND 2 TRUSTEES AND A METHOD FOR FILLING VACANCIES, AND TO REPEAL ACTS 547 AND 549 OF 1982.

H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

H. 3523 -- Reps. Moss and Felder: A BILL TO AMEND SECTION 40-71-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LIABILITY OF MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO EXEMPT COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT MEDICAL AND HEALTH RECORDS IN ORDER TO STUDY THE CAUSES OF DEATH AND DISEASE; AND TO AMEND SECTION 40-71-20, RELATING TO THE CONFIDENTIALITY OF CERTAIN PROCEEDINGS, RECORDS, AND INFORMATION, SO AS TO PROVIDE THAT THE CONFIDENTIALITY PROVISIONS DO NOT PREVENT COMMITTEES APPOINTED BY THE DEPARTMENT FROM ISSUING REPORTS SOLELY CONTAINING NONIDENTIFYING DATA AND INFORMATION.

H. 3877 -- Rep. McLellan: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO AUTHORIZE THE BOARD OF VISITORS OF THE CITADEL TO ISSUE STUDENT AND FACULTY HOUSING REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, OR EQUIPPING OF STUDENT AND FACULTY HOUSING AND RELATED AUXILIARY FACILITIES, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON AND PLEDGE OF REVENUES DERIVED FROM STUDENT AND FACULTY HOUSING AND AUXILIARY FACILITIES AND OPERATIONS, TO PROVIDE PROCEDURES RELATING TO THE AUTHORIZATION OF THE BONDS; AND TO REPEAL ACT 619 OF 1967 AND SECTION 7 OF ACT 194 OF 1979 RELATING TO THE AUTHORIZATION OF THE BOARD OF VISITORS TO ISSUE STUDENT HOUSING RENOVATION BONDS.

Rep. G. BAILEY moved to adjourn debate upon the following Bill until Thursday, April 20, which was adopted.

H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

Rep. J. BROWN moved to adjourn debate upon the following Bill until Thursday, April 20, which was adopted.

H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.

The following Bill was taken up.

H. 3509 -- Rep. Felder: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE FOR MEDICARE PATIENT DAYS AND DELETE THE NURSING HOME VIOLATION FOR EXCEEDING THE NUMBER OF PERMITTED MEDICAID PATIENT DAYS.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.

The amendment was then adopted.

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

The following Joint Resolution was taken up.

H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

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

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

H. 3378 -- Rep. Hayes: A BILL TO AMEND SECTION 23-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE OF CERTAIN PUBLIC RECORDS IN SEPARATE BOOKS BY THE SHERIFF, SO AS TO AUTHORIZE THE SHERIFF TO MAINTAIN THESE RECORDS IN A COMPUTER SYSTEM OR TRANSFER THEM TO A MICROFILM SYSTEM INSTEAD OF BEING KEPT IN SEPARATE BOOKS.

The following Bill was taken up.

H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3656U), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1, pages 1 and 2, and inserting:

/SECTION 1. The first paragraph of Section 24-3-30 of the 1976 Code is amended to read:

"Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other provision of law, any person convicted of an offense against the State shall must be in the custody of the Board of Corrections of the State, and the board shall designate the place of confinement where the sentence shall must be served. The board may designate as a place of confinement any available, suitable, and appropriate institution or facility, including but not limited to, a county, municipal, or regional jail or work camp whether maintained by the State Department of Corrections or otherwise, but the consent of the officials in charge of the these designated county local institutions so designated shall must be first obtained first. Provided, that However, if imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall must be placed in the custody, supervision, and control of the appropriate officials of the county wherein where the sentence was pronounced, if such the county has facilities suitable for confinement. The only offenses for which sentences may be served by weekend service are those provided in Sections 56-1-460 and 56-5-2930. Provided, further, that the The Department of Corrections department shall must be notified by the county or municipal officials concerned not less than six months prior to before the closing of any county local prison facility which would result in the transfer of the those state prisoners of the county local facility to facilities of the department."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Reps. KIRSH, McAbee, HODGES, KLAPMAN, SHARPE and SMITH objected to the Bill.

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted.

H. 3512 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES.

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3676U).

Amend the bill, as and if amended, item (2) of the seventh paragraph of Section 6-7-740 of the 1976 Code, as contained in SECTION 1, page 1, line 3 of the item, after /members/ by inserting /present and voting/ so that when amended the item reads:

/(2) To authorize upon appeal in specific cases and upon a vote of two-thirds of the board members present and voting a variance from the terms of the an ordinance or a resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result results in unnecessary hardship, so that the spirit of the ordinance or resolution shall be is observed, public safety and welfare secured, and substantial justice done. Such The variance may be granted in such an individual case of unnecessary hardship upon a finding by the board of appeals that:

(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and .

(b) The application of the ordinance or resolution of to this particular piece of property would create creates an unnecessary hardship, and .

(c) Such The conditions are peculiar to the particular piece of property involved, and .

(d) Relief, if granted, would does not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or, resolution, or the comprehensive plan, provided, however. However, that no variance may be granted for a use of land, or a building, or a structure that is prohibited in a given district by ordinance or resolution./

Amend title to conform.

Rep. CHAMBLEE explained the amendment.

Rep. J. BAILEY spoke against the amendment.

Reps. GORDON, STURKIE, WRIGHT, KLAPMAN, SHARPE and ALTMAN objected to the Bill.

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

The following Bill was taken up.

H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES (EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE: MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.

Reps. FELDER, SHARPE, WINSTEAD, WASHINGTON, KLAPMAN, MOSS and J. ROGERS, with unanimous consent, proposed the following Amendment No. 128 (Doc. No. 3742U), which was adopted.

Amend the bill, as and if amended, SECTION 24, beginning at p. 27, by striking Section 37-6-605 and inserting:

/"Section 37-6-605. In the performance of his assigned functions the advocate shall have reasonable access to records of all state agencies which are not classified by law as confidential and all state agencies shall cooperate with the advocate in the performance of his duties. In addition, the Advocate shall have reasonable access to confidential records and information, provided he enters a proprietary agreement to insure their confidentiality. The South Carolina Department of Insurance and Advocate also have access to records, information, and data of the insurance companies and other regulated entities, as well as all of their sister affiliates, subsidiaries, and parent companies. During the course of a rate-making or other proceeding before the South Carolina Department of Insurance or the Public Service Commission, the Consumer Advocate, as a party or record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the South Carolina Department of Insurance or the Public Service Commission, the issuance by the Chief Insurance Commissioner or the Executive Director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the South Carolina Department of Insurance or the Public Service Commission. If the Chief Insurance Commissioner or the executive director issues or refuses to issue the order, the aggrieved party may appeal to the full Commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. Provided, however, that for For good cause shown, in lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing. Any objections to the issuance of the order must be filed with the Department or Commission within three days of being notified of the written request for such order. Any objections so filed must list the specific grounds for objection. The Department or Commission shall rule on the objections within ten days or the objection will be considered to be denied."/

Amend title to conform.

Rep. FELDER explained the amendment.

The amendment was then adopted.

Rep. KOHN spoke upon the Bill.

The Bill, as amended, was read the third time and ordered sent to the Senate.

Due to the fact that yesterday I had a leave of absence, I was unable to vote on the insurance reform bill. Had I been present, I would have voted for this legislation.

Sincerely,
Rep. JOHN J. SNOW

Upon the withdrawal of objections by Reps. BARFIELD, BLANDING, G. BAILEY and FOSTER 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.

Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 3708U), which was adopted.

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

/SECTION 1. Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-16. Notwithstanding any other provision of this chapter, after June 30, 1990, the amounts of all fees provided for under this chapter must be established by the board by regulation, and the board may, after that date, increase the amount of any such fee by not more than fifteen percent a year."

SECTION 2. Chapter 7, Title 40 of the 1976 Code is amended by adding:

"Section 40-7-19. The fees which may be assessed and collected by the board under this chapter are those which are enumerated in this section. The amounts of those fees, as also set forth in this section, are applicable through June 30, 1990, at which time the amounts of the fees must be promulgated in accordance with the provisions of Section 40-7-16. No new fee may be established except by enactment of the General Assembly. The fees and their amounts are the following:

(1) Master hair care specialist

renewal fee     $ 46.00

(2) Registered barber license

renewal fee     $ 36.00

(3) Barber shop license

renewal fee     $ 36.00

(4) Apprentice barber license

renewal fee     $ 26.00

(5) Barber assistant license

renewal fee

(shampooist/

manicurist)     $ 26.00

(6) Master hair care

exam fee     $ 40.00

(7) Registered barber

exam fee     $ 40.00

(8) Apprentice barber

exam fee     $ 40.00

(9) Barber assistant

exam fee     $ 40.00

(10) Master hair care

out-of-state

exam fee     $ 46.00

(11) Registered barber

out-of-state

exam fee     $ 46.00

(12) Apprentice barber

out-of-state

exam fee     $ 46.00

(13) Barber assistant

out-of-state

exam fee     $ 46.00

(14) Restoration fees (late fees)

for every licenses     $ 26.00

(15) Teacher's certificate

renewal fee     $ 60.00

(16) Barber school

renewal fee     $ 70.00

(17) New barber shop

fee     $100.00

(18) New barber school

fee     $160.00

(19) Student permit fee     $ 26.00

(20) Barber assistant

permit fee

(shampooist/

manicurist)     $ 26.00

(21) Reciprocity fee     $100.00

(22) Teacher's exam fee     $100.00

23) On-the-job-

training instructor

exam fee     $ 40.00"

SECTION 3.The fourth paragraph of Section 40-7-25 of the 1976 Code is amended to read:

"The fee to be paid by an applicant for an examination to practice as a barber assistant shall be thirty dollars is the amount established by the board by regulation, and such the fee must accompany the application. The annual license fee for a barber assistant shall be fifteen dollars is the amount established by the board by regulation, and this license must be renewed June thirtieth of each year. Failure to renew as of July first of each year shall result in suspension of license, and the applicant shall have to must be reexamined by the board and pay the required fees as required by law."

SECTION 4. Section 40-7-100(4) of the 1976 Code is amended to read:

"(4) Unless such the person passes the examination prescribed by the Board board and pays the required fee herein established."

SECTION 5. Section 40-7-115 of the 1976 Code is amended to read:

"Section 40-7-115. A barber training a student in a shop is required to have had three years' experience as a registered barber and shall must have been examined by the South Carolina Board of Barber Examiners and determined to be qualified to train a student barber under laws governing barber training in the State. The fee to be paid by the registered barber for an examination to be qualified to train a student in a shop shall be twenty- five dollars is the amount established by the board by regulation, and such the fee shall must accompany the application."

SECTION 6. The second paragraph of Section 40-7-160 of the 1976 Code is amended to read:

"Upon receipt of such these documents the board shall issue to him a certificate of registration to practice barbering in this State. A fee of sixty five dollars in the amount established by the board by regulation shall must be submitted with the application."

SECTION 7. Section 40-7 170 of the 1976 Code is amended to read:

"Section 40-7-170. All barbershops shall must be registered with the Board board. The registration and inspection fee for all new shops shall be sixty dollars is the amount established by the board by regulation. Applications for registration and inspection of new shops shall must be made at least fifteen days prior to before opening the shop. No new shop shall may be operated until all fees are paid and the shop has passed inspection. Annual renewal fees for shop registration shall be twenty-five dollars are as established by the board by regulation and shall must be renewed as of the thirtieth day of June of each year. The fee for registration of an expired shop certificate shall be forty dollars is the amount established by the board by regulation."

SECTION 8. Section 40-7-180 of the 1976 Code is amended to read:

"Section 40-7-180. The fee to be paid by an applicant for a student permit to train as a student barber shall be ten dollars is the amount established by the board by regulation, and such the fee must accompany the application. The fee to be paid by an applicant for an examination to practice barbering as an apprentice shall be thirty dollars is the amount established by the board by regulation, and such the fee must accompany the application. The annual license fee of an apprentice shall be fifteen dollars is the amount established by the board by regulation. The fee to be paid by an applicant for an examination to determine his fitness to receive a certificate of registration as a registered barber shall be thirty dollars is the amount established by the board by regulation, and such the fee must accompany the application. The annual license fee of a registered barber shall be twenty-five dollars is the amount established by the board by regulation. All licenses for apprentice and registered barbers shall must be renewed as of the thirtieth day of June of each year. The fee of registration of an expired certificate for apprentice barbers shall be twenty-five dollars is the amount established by the board by regulation, and the fee for registration of an expired certificate for registered barbers shall be forty dollars is the amount established by the board by regulation. The fees herein set out shall not be increased by the Board but it The board may regulate the payment of the fee fees and prorate the annual license fee. The annual fee for a master hair care certificate is thirty-five dollars a year the amount established by the board by regulation."

SECTION 9. Section 40-7-300 of the 1976 Code is amended to read:

"Section 40-7-300. All barber colleges and teachers therein shall must be registered with the Board board. All teachers are required to have had three years' experience as practicing barbers and shall have successfully passed a teacher's examination as prescribed by the Board board. Registration and inspection fees for colleges shall be one hundred dollars are as established by the board by regulation. The examination fee for teachers shall be seventy-five dollars is the amount established by the board by regulation, and annual renewal fees for registration of teachers shall be fifty dollars are also as established by the board by regulation and shall must be renewed as of the first day of July of each year."

SECTION 10. The changes to the provisions of Chapter 7, Title 40 of the 1976 Code contained in Sections 3, 4, 5, 6, 7, 8, and 9 of this act take effect on July 1, 1990. Sections 1 and 2 take effect upon approval by the Governor./

Amend title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then adopted.

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

Rep. G. BROWN asked unanimous consent that H. 3119 be read a third time tomorrow.

Rep. KLAPMAN objected.

Upon the withdrawal of an objection by Rep. CORNING the following Bill was taken up.

H. 3314 -- Reps. Ram a, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.

Reps. CORNING and RAMA proposed the following Amendment No. 2 (Doc. No. 3128U).

Amend the Report of the Committee on Judiciary, as and if amended, page 3314-1, by inserting after the period on line 34 /This section applies only to ordinances or regulations of districts which have governing bodies elected by the qualified electors of the district./

Amend title to conform.

Rep. RAMA explained the amendment.

Rep. BAXLEY objected to the Bill.

Rep. T.C. ALEXANDER withdrew his objection to H. 3120 however, other objections remained upon the Bill.

Rep. WRIGHT withdrew his objection to H. 3748 however, other objections remained upon the Bill.

Rep. KLAPMAN withdrew his objection to the following Bill whereupon an objection was raised by Rep. KIRSH.

Rep. HOLT withdrew his objection to H. 3084 however, other objections remained upon the Bill.

On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 3119 be read the third time tomorrow.

Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. SHARPE objected.

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

H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 68-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.

Rep. T. ROGERS moved to adjourn debate upon the Senate amendments until Tuesday, April 25.

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

The question then recurred to the motion to adjourn debate until Tuesday, April 25, which was agreed to.

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

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.

Rep. McLELLAN moved to adjourn debate upon the Senate Amendments until Thursday, April 20, which was adopted.

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

H. 3268 -- Rep. Gentry: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND REQUIREMENTS FOR PERSONAL REPRESENTATIVES IN THE PROBATION OF ESTATES, SO AS TO PROVIDE THAT NO BOND IS REQUIRED IN THE PROBATING OF AN ESTATE WHEN THERE IS A SINGLE BENEFICIARY, AND UNDER INTESTATION, WHEN THERE IS ONLY ONE SURVIVING HEIR.

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

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

H. 3472 -- Judiciary Committee: A BILL TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-690, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.

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.

The following Bill was taken up.

H. 3419 -- Education and Public works Committee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CHILDREN TO ATTEND PUBLIC SCHOOL, SO AS TO DELETE THE PROVISION ALLOWING ATTENDANCE IN A DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE AND TO PROVIDE FOR THE CHILDREN ATTENDING SCHOOL PURSUANT TO THAT PROVISION ON THIS ACT'S EFFECTIVE DATE.

Rep. WILDER spoke against the Bill.

Rep. BEASLEY spoke in favor of the Bill.

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

Rep. WAITES moved to adjourn debate upon the following Bill until Thursday, April 20, which was adopted.

H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.

The following Bill was taken up.

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.

Rep. TOWNSEND moved to adjourn debate upon the Bill until Wednesday, April 26.

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

The question then recurred to the motion to adjourn debate until Wednesday, April 26, which was agreed to.

The following House Resolution was taken up.

H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G. Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Barfield, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.

Rep. CORK moved to table the Resolution, which was agreed to.

Rep. KLAPMAN moved to adjourn debate upon the following Concurrent Resolution until Tuesday, April 26, which was adopted.

S. 422 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, 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 DIRECTING THE DIVISION OF GENERAL SERVICES TO PLACE, WHERE THE DIVISION CONSIDERS APPROPRIATE, ONE OR MORE PUBLIC WATER FOUNTAINS ON THE STATE HOUSE AND CAPITOL COMPLEX GROUNDS.

The following Concurrent Resolution was taken up.

S. 359 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, 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 TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.

Rep. CORK moved to. table the Concurrent Resolution, which was agreed to.

The following Concurrent Resolution was taken up.

H. 3289 -- Reps. Barfield, Corbett and Keegan: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY ACTION TO INSURE THAT THE FEDERAL MIGRATORY WATERFOWL REGULATIONS FOR 1989 ALLOW DUCKS AND GEESE TO BE HUNTED THIRTY MINUTES BEFORE SUNRISE DURING OPEN SEASON INSTEAD OF AT SUNRISE AS THE 1988 REGULATIONS PROVIDED.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0074R), which was adopted.

Amend the Resolution, as and if amended, by striking all after the resolving words and inserting:

/That the Congress of the United States is memorialized to take necessary action to insure that the Federal Migratory Waterfowl regulations for 1989 protect the migratory waterfowl resource by whatever means necessary while still providing that ducks and geese may be hunted thirty minutes before sunrise during open season instead of at sunrise as the 1988 regulations provided.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the House of Representatives of the United states, and to each member of the South Carolina Congressional Delegation in Washington, D. C./

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

Reps. HOLT and GORDON spoke against the Concurrent Resolution.

Reps. RHOAD and BARFIELD spoke in favor of the Concurrent Resolution.

The question then recurred to the adoption of the Concurrent Resolution, as amended.

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

The Resolution was then rejected by a division vote of 17 to 38.

The following Concurrent Resolution was taken up.

S. 511 -- Senator Moore: A CONCURRENT RESOLUTION EXTENDING TO JANUARY 31, 1990, THE DEADLINE FOR "THE LEGISLATIVE TASK FORCE TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE" TO MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AFTER WHICH THE TASK FORCE IS DISSOLVED.

Whereas, Concurrent Resolution H. 4150 was introduced in the House of Representatives during the 1988 Session of the General Assembly, was amended by the House of Representatives on April 21, 1988, and by the Senate on May 26, 1988, and was adopted as amended; and

Whereas, H. 4150 created The Legislative Task Force to Study Alternatives to Landfill Disposition of Solid Waste and provided, among other things, that the task force was to make its final report and recommendations to the General Assembly no later than March 31, 1989, after which the task force is dissolved; and

Whereas, the members of the task force have come to believe that, because of the nature of the work of the task force and the duties imposed upon it, an extension of its deadline to January 31, 1990, is necessary. Now, therefore,

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

That the General Assembly of the state of South Carolina, by this resolution, extends to January 31, 1990, the deadline for The Legislative Task Force to Study Alternatives to Landfill Disposition of Solid Waste to make its final report and recommendations to the General Assembly, after which the task force is dissolved.

The Concurrent Resolution was adopted and ordered returned to the Senate.

Rep. HUFF moved to recall H. 3895 from the Labor, Commerce and Industry Committee.

As a first substitute Rep. WOFFORD moved to recall H. 3511 from the Judiciary Committee.

As a second substitute Rep. McLELLAN moved to recall H. 3077 from the Agriculture and Natural Resources Committee which was agreed to by a division vote of 42 to 22.

Rep. BAKER moved to recall H. 3895 from the Labor, Commerce and Industry Committee.

As a first substitute Rep. J. ROGERS moved to recommit H. 3077 to the Ways and Means Committee.

As a second substitute Rep. BAKER moved to recall H. 3895 from the Labor, Commerce and Industry Committee which was agreed to by a division vote of 56 to 15.

Rep. McAbee moved to dispense with the Motion Period.

As a first substitute Rep. SIMPSON moved to recall H. 3618 from the Agriculture and Natural Resources Committee.

As a second substitute Rep. FERGUSON moved to recall H. 3095 from the Education and Public Works Committee.

Rep. BEASLEY moved to table the motion which was agreed to by a division vote of 67 to 16.

As a second substitute Rep. McAbee moved to dispense with the balance of the Motion Period which was rejected by a division vote of 43 to 43.

As a second substitute Rep. L. MARTIN moved to recall H. 3021 from the Judiciary Committee.

Rep. J.W. JOHNSON moved to table the motion which was agreed to by a division vote of 49 to 41.

As a second substitute Rep. J. ROGERS moved to recommit H. 3077 to the Ways and Means Committee.

Rep. WINSTEAD moved to table the motion which was agreed to by a division vote of 47 to 44.

Further proceedings were interrupted by expiration of time in the Motion Period, the pending question being the motion to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. KLAPMAN moved that the House go into Executive Session, which was agreed to by a division vote of 106 to 0.

On motion of Rep. L. MARTIN, the House arose from Executive Session.

The Speaker stated that no business was transacted in Executive Session which needs to be printed in the House Journal.

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

The Senate returned to the House with concurrence the following:

H. 3708 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE STATE ROAD S. 341 IN MCCORMICK COUNTY AS "MCCARTY DRIVE."

H. 3937 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS AMY GREEN OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3938 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS MEREDITH FLOYD OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3939 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS LISA CANNON OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3940 - Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS JENNI BYRUM OF CHESNEE IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3941 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS HEATHER RIVERS OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3942 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS BECKY TOWNSEND OF INMAN IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3943 -- Rep. Davenport: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MISS SUSAN HARBISON OF SPARTANBURG IN SPARTANBURG COUNTY ON EARNING THE GOLD AWARD, THE HIGHEST ACHIEVEMENT IN GIRL SCOUTING.

H. 3954 - Reps. Manly, Mattos, Blackwell, Fant, Baker, M.O. Alexander, Wilkins, Jaskwhich, Clyborne, Hawkins, Vaughn and Fair: A CONCURRENT RESOLUTION TO COMMEND THE GREENVILLE COUNTY SCHOOL DISTRICT FOR BEING CHOSEN THE TOP SCHOOL DISTRICT IN THE COUNTRY FOR ARTS EDUCATION BY THE KENNEDY CENTER FOR THE PERFORMING ARTS AND THE NATIONAL SCHOOL BOARDS ASSOCIATION.

At 12:08 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.

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