Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

God of all grace and mercy, we turn again and again to You, lest in the midst of false lights on our life's pilgrimage we lose sight of Your perfect righteousness which we try so hard to achieve. Your purpose for mankind which arches the whole world reveals how far short we fall in our halting obedience to Your will. But as we pray we get a glimpse of the beauty of Your holiness. In our tests and trials, our frustrations and failures, make us bold as we look beyond our limitations and hold fast to our faith and hope which are anchored in You. Cause us to know that life takes on new values and unlimited dimensions as it is lived in doing Your will.

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 were received and referred to the appropriate committees for consideration.

Document No. 1193
Promulgated By Department of Health and Enviromental Control
License for Contractors Constructing On-Site Sewage Treatment and Disposal Systems
Received by Speaker January 23, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date May 23, 1990

Document No. 1206
Promulgated By Budget and Control Board
Certification of Minority Businesses
Received by Speaker January 23, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date May 23, 1990

The following was received.
Columbia, S.C., January 23, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 595:
S. 595 -- Senator Macaulay: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION OF MOTOR VEHICLES, THE MONETARY PENALTIES FOR LATE REGISTRATION, AND THE CRIMINAL PENALTIES FOR OPERATING AN UNLICENSED VEHICLE, SO AS TO PROVIDE THAT THE MONETARY PENALTIES FOR LATE REGISTRATION MAY NOT BE IMPOSED AGAINST THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS.
Very respectfully,
President

Rep. T.C. ALEXANDER moved to adjourn debate upon the message, which was adopted

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted an favorable report, on:

H. 3714 -- Rep. Mappus: A BILL TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 125 -- Senators Saleeby, Pope and McConnell: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY PROVIDERS OF INSURANCE OR SECURITY, SO AS TO REQUIRE THAT NOTIFICATION OF A LAPSE OR TERMINATION MUST BE IN WRITING WHICH MAY BE ACCOMPANIED BY AN ELECTRONIC COMPUTER TAPE CONTAINING THE NOTIFICATION; AND SECTION 56-10-240, AS AMENDED, 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 INSURER WHO GAVE THE CANCELLATION OR REFUSAL TO RENEW NOTICE TO FILE EVIDENCE THAT A VEHICLE IS INSURED BEFORE THE DEPARTMENT REISSUES REGISTRATION CERTIFICATES AND LICENSE PLATES.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 410 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.

Ordered for consideration tomorrow.

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

H. 3701 -- Rep. Felder: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TIMES AN UNDERGRADUATE MAJORING IN EDUCATION MAY TAKE THE BASIC SKILLS EXAMINATION AND PROVIDE CONDITIONS UPON WHICH THE EXAMINATION MAY BE TAKEN FOR THE FOURTH TIME AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.

Ordered for consideration tomorrow.

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

H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1989-90 SCHOOL YEAR, A TOTAL OF FIVE DAYS MAY BE EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BECAUSE OF BAD WEATHER BE MADE UP FOR DAYS MISSED AS A RESULT OF HURRICANE "HUGO" AND TO PROVIDE THAT ADDITIONAL DAYS MAY BE EXEMPTED FOR SCHOOL SYSTEMS THAT WERE SEVERELY DAMAGED AND DISRUPTED.

Ordered for consideration tomorrow.

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

S. 532 -- Senators Mitchell, Gilbert, Patterson, Matthews, Fielding and Nell W. Smith: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO STUDY AND DEVELOP CRITERIA TO PROVIDE APPROPRIATE RECOGNITION FOR SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES WHO HAVE ACHIEVED OUTSTANDING ACCOMPLISHMENTS DURING THEIR CAREERS, INCLUDING EXEMPLARY ATTENDANCE RECORDS.

Ordered for consideration tomorrow.

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

H. 3860 -- Reps. Manly, Wilkins, Blackwell, Jaskwhich, Mattos, M.O. Alexander, Clyborne, Baker, Fant, Fair and Vaughn: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION, AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, TO PROVIDE THAT IF THE RESULTS OF THE SPECIAL PRIMARY ELECTION ARE NOT CERTIFIED BEFORE THE GENERAL ELECTION, THAT OFFICE MUST NOT BE FILLED AT THE GENERAL ELECTION BUT MUST BE FILLED AT A SPECIAL ELECTION THEREAFTER, AND TO ALLOW OTHER POLITICAL PARTIES WHERE THE NOMINEE WAS UNOPPOSED TO NOMINATE A CANDIDATE FOR THE OFFICE INVOLVED IN A SPECIAL PRIMARY ELECTION IN THE MANNER PROVIDED IN THIS SECTION.

Ordered for consideration tomorrow.

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

H. 4132 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 24-21-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTITUTION CENTER PROGRAM, SO AS TO REVISE THE LENGTH OF TIME THE OFFENDER MUST BE IN THE PROGRAM FOR VARIOUS OFFENSES.

Ordered for consideration tomorrow.

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

H. 4174 -- Rep. McTeer: A BILL TO AMEND SECTION 7-13-1810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL.

Ordered for consideration tomorrow.

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

H. 4200 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.

Ordered for consideration tomorrow.

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

H. 4201 -- Reps. Washington, J. Rogers, T. Rogers, K. Bailey, Blanding, J. Brown, Faber, Fant, Ferguson, Glover, Gordon, McBride, D. Martin, Taylor, Whipper, D. Williams, White, Foster and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-5 SO AS TO PROVIDE EQUAL RIGHTS IN PLACES OF ACCOMMODATION, RESORT, OR AMUSEMENT AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.

Ordered for consideration tomorrow.

Rep. McLELLAN, from the Committee on Ways and Means, submitted a report recommending that the Joint Resolution be referred to the Committee on Education and Public Works.

H. 3843 -- Reps. Wofford, Hallman and J. Williams: A JOINT RESOLUTION TO PROVIDE FOR A MEMORIAL TO BE ERECTED ON THE STATE HOUSE GROUNDS TO RECOGNIZE SOUTH CAROLINIANS WHO HAVE BEEN VICTIMS OF VIOLENT CRIMES.

On motion of Rep. McLELLAN the Joint Resolution was referred to the Committee on Education and Public Works.

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

H. 3963 -- Reps. Hayes, Kirsh, Foster and Nesbitt: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.

Ordered for consideration tomorrow.

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

H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.

Ordered for consideration tomorrow.

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

H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.

Ordered for consideration tomorrow.

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

H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.

Ordered for consideration tomorrow.

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

H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.

Ordered for consideration tomorrow.

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

H. 4244 -- Reps. Wilder, Baxley and Corning: A BILL TO CREATE A JOINT COMMITTEE TO STUDY PROBLEMS OF PERSONS WITH DISABILITIES.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4094 -- Reps. Lockemy, Harwell, J. Rogers, Beasley, Neilson and Baxley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN MEMORY OF GEORGE TILLMAN RADFORD, A TROOPER WITH THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4330 -- Reps. O. Phillips, Nesbitt, Moss, Carnell and L. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD LIMIT THE AMOUNT OF TEXTILE AND APPAREL IMPORTS INTO THE UNITED STATES.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4399 -- Reps. Holt, Winstead, Washington, Whipper, D. Martin, Barber, J. Bailey, Mappus, Keyserling, G. Bailey, Davenport, Elliott, Stoddard, Harvin, Bennett, Huff, Smith, K. Bailey, McAbee, White, Rudnick, Burch, P. Harris, Tucker, T.M. Burriss, Corning, McBride, J. Harris, Faber, Waites, Wilkes, Jaskwhich, J.W. Johnson and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ISLE OF PALMS CONNECTOR BETWEEN THE ISLE OF PALMS AND HIGHWAY 17 IN CHARLESTON COUNTY IN HONOR OF CLYDE MOULTRIE DANGERFIELD, FORMER CHAIRMAN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND DISTINGUISHED MEMBER OF THE GENERAL ASSEMBLY FOR MORE THAN THIRTY-FIVE YEARS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 841 -- Senators Passailaigue, Bryan, Giese, Helmly, Leatherman, Lindsay, Mitchell, McConnell, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 844 -- Senators Rose, 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, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR THE CHINESE PEOPLE SEEKING FREEDOM AND DEMOCRACY AND TO DEPLORE THE VIOLENT REPRESSION OF PEACEFUL DEMONSTRATIONS AND TO ASK FREEDOM LOVING PEOPLE EVERYWHERE TO DENOUNCE THE TRANSGRESSIONS WHICH HAVE BEEN COMMITTED AGAINST THE CHINESE.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1014 -- Senators McLeod, Lourie and Nell W. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS EITHER TO REDUCE SOUTH CAROLINA MEDICARE PREMIUMS OR TO EQUALIZE BENEFITS TO PERSONS ACROSS THE NATION AND TO PROTECT MEDICARE IN ITS BUDGET DELIBERATIONS FOR FISCAL YEAR 1991.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Funeral Directors Association for a reception, February 6, 1990, 6:00-7:00 P.M. at the Capital City Club.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Probate Judges for a reception, February 6, 1990, 7:00-11:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Christian Schools for Breakfast, February 7, 1990, 8:15 A.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Council of Administrators of Special Education for a luncheon, February 7, 1990, 1:00 P.M., Room 208 Blatt Building.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. State College and The Orangeburg Legislative Delegation for a reception, February 7, 1990, 6:00-8:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Registered Cosmetologist Association for a drop-in, February 7, 1990, 8:00-10:00 P.M. at the Town House.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Lander College for a reception, February 13, 1990, 6:00-8:00 P.M. at the Capital City Club.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. AFL-CIO for a reception, February 13, 1990, 8:00-9:30 P.M. at the Town House.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Counties for a reception, February 14, 1990, 6:00-7:30 P.M. at the Town House.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Auditors, Treasurers and Tax Collectors for a reception February 14, 1990, 8:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Association for Retarded Citizens of South Carolina for a drop-in, February 15, 1990, 8:30-10:00 A.M., in Room 208 Blatt Building.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Farm Bureau Federation for a banquet, February 20, 1990, 6:00 P.M. at the Ellison Building, State Fair grounds.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Rock Hill Area Chamber for a reception February 21, 1990, 6:00 P.M., at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Carolinas Branch, Associated General Contractors for a reception, February 27, 1990, 6:00-8:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of School Administrators for a reception, February 28, 1990, 6:00-8:00 P.M. at the Radisson.

The invitation was accepted.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Legislative Revue for a reception, February 28, 1990, 7:30 P.M. at the Faculty House.

The invitation was accepted.

The Senate sent to the House the following:

S. 1134 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE WALTERBORO HIGH SCHOOL BULLDOG FOOTBALL TEAM AND ITS COACHES UPON THE CONCLUSION OF A TRULY OUTSTANDING 1989 SEASON.

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

The following was introduced:

H. 4449 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE CURTIS W. ANDERSON OF SPARTANBURG COUNTY.

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

On motion of Rep. FARR the following Bill was referred to the Union Delegation.

H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.

The following was introduced:

H. 4471 -- Reps. Gentry and Waldrop: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE BRIDGE BETWEEN SALUDA AND NEWBERRY COUNTIES ON ROAD S-41-391 AS THE "NOAH L. BLACK BRIDGE."

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

The following was introduced:

H. 4472 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Kay and Tucker: A CONCURRENT RESOLUTION URGING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT THE PROPOSAL OF THE SOUTH ANDERSON MANUFACTURING PLANT MANAGERS TO CONSTRUCT A BY-PASS HIGHWAY EXTENDING FROM HIGHWAY 29 NORTH TO HIGHWAY 29 SOUTH, WITH AN ADDITIONAL EXTENSION FROM HIGHWAY 29 SOUTH TO HIGHWAY 24, IN ANDERSON COUNTY.

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

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

H. 4450 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.

Referred to Committee on Labor, Commerce and Industry.

H. 4451 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 139 TO TITLE 59 SO AS TO PROVIDE FOR THE COLLEGE AND UNIVERSITY SECURITY INFORMATION ACT AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4452 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES OF AN INSURER BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE THAT THE PAPERS AND REPORTS AS WELL AS THE REPLIES BY THE INSURER ARE NOT SUBJECT TO DISCLOSURE.

Referred to Committee on Labor, Commerce and Industry.

H. 4453 -- Reps. Bruce, Koon, H. Brown, Winstead, Corbett, Rama, Cole, Littlejohn, Wright, Mappus, McCain, Wofford, Corning, Baker, Davenport, Cork, Wells, Klapman, Sturkie, McGinnis, Derrick, Clyborne, Vaughn, Jaskwhich, L. Martin, Haskins, Harrison and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-120 SO AS TO DIRECT THE STATE DEPARTMENT OF CORRECTIONS TO REVISE PLANS TO ASSURE THAT EVERY ABLE-BODIED INMATE AT CORRECTIONAL FACILITIES IS EMPLOYED AT WORK MOST SUITABLE FOR HIS CAPACITY AND MOST ADVANTAGEOUS TO THE PEOPLE OF THIS STATE.

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

H. 4454 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4455 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PAWNBROKER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4456 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO LIMITATIONS AND RESTRICTIONS ON REAL ESTATE MORTGAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1145, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4457 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO MERGER PROCEDURES FOR STATE CREDIT UNIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1146, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4458 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4459 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO DATA REPORTING AND DETERMINATION OF EXCESS PROFITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1111, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4460 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-350 SO AS TO PROVIDE THAT MEMBERS OF SCHOOL DISTRICT BOARDS OF TRUSTEES MAY BECOME MEMBERS OF THE INSURANCE PROGRAM PROVIDED FOR TEACHERS AND EMPLOYEES OF THE DISTRICTS.

Referred to Committee on Ways and Means.

H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.

Without reference.

H. 4462 -- Reps. Keegan, Corbett, Elliott and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.

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

H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.

Referred to Committee on Agriculture and Natural Resources.

H. 4464 -- Reps. Fair, Haskins, Wells, Beasley and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-100 SO AS TO REQUIRE AN ABORTION CLINIC TO MAINTAIN NO LESS THAN TWO MILLION DOLLARS OF MALPRACTICE LIABILITY INSURANCE, TO COMPLY WITH STATE AND LOCAL BUILDING CODES REQUIREMENTS, AND TO REQUIRE AN ADMINISTRATOR OF AN ABORTION CLINIC TO BE EITHER A LICENSED PHYSICIAN, LICENSED NURSE, REGISTERED NURSE, OR HAVE A COLLEGE DEGREE FROM AN ACCREDITED FOUR-YEAR INSTITUTION AND EXPERIENCE IN A HEALTH-RELATED FIELD.

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

H. 4465 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-25 SO AS TO PROVIDE THAT CRIMINAL RECORDS OF CERTAIN PERSONS AND THE RECORDS OF THE DEPARTMENT OF CORRECTIONS ON CERTAIN PRISONERS ARE CONSIDERED PUBLIC RECORDS WITHIN THE MEANING OF THE FREEDOM OF INFORMATION ACT.

Referred to Committee on Judiciary.

H. 4466 -- Rep. Washington: A BILL TO AMEND SECTION 48-33-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF A COUNTY FORESTRY BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE COUNTY RANGER, FIRE WARDENS, TOWERMEN, AND COUNTY FOREST FIRE PROTECTION OFFICERS MUST BE EMPLOYED, RETAINED, OR DISMISSED WITH THE CONSENT OF THE BOARD.

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

H. 4467 -- Reps. L. Martin and Wright: A BILL TO AMEND SECTION 15-78-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE BUDGET AND CONTROL BOARD TO INSURE LIABILITY RISKS OF POLITICAL SUBDIVISIONS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER BY REGULATION SHALL PROVIDE FOR THE MANNER IN WHICH POLITICAL SUBDIVISION SELF-INSURANCE LIABILITY POOLS SHALL OPERATE, TO ALLOW A POLITICAL SUBDIVISION TO PROCURE A CERTAIN TYPE OF LIABILITY INSURANCE FROM THE BOARD WITHOUT REQUIRING THE SUBDIVISION TO PROCURE ALL OTHER LIABILITY EXPOSURE FROM THE BOARD, AND TO REVISE CERTAIN PROCEDURES AND REQUIREMENTS FOR OBTAINING OR CANCELLING THESE COVERAGES WITH THE BOARD.

Referred to Committee on Labor, Commerce and Industry.

H. 4468 -- Reps. Hodges, P. Harris, Waldrop, Felder, Ferguson, Moss, Cooper and Keyserling: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.

Referred to Committee on Judiciary.

H. 4469 -- Reps. Wells, Beasley, Haskins, Hayes, Barfield, Fair, H. Brown, Quinn, Bruce, Littlejohn, McGinnis and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-95 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS AND FACILITIES FOR AN ABORTION NOT NECESSARY TO SAVE THE LIFE OF THE WOMAN AND TO PROHIBIT THE USE OF PUBLIC FUNDS TO ENCOURAGE OR COUNSEL A WOMAN TO HAVE AN ABORTION NOT NECESSARY TO SAVE HER LIFE AND TO PROVIDE A CIVIL PENALTY.

Referred to Committee on Judiciary.

H. 4470 -- Reps. T.C. Alexander, Kirsh, McLellan, Tucker, Wells, L. Martin and Clyborne: A BILL TO DESIGNATE SECTIONS 16-14-10 THROUGH 16-14-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL TRANSACTION CARD CRIME ACT, AS ARTICLE 1, CHAPTER 14 OF TITLE 16; TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 TO CHAPTER 14, TITLE 16 SO AS TO MAKE IT UNLAWFUL TO FRAUDULENTLY MAKE, DRAW, UTTER, OR DELIVER A CHECK, DRAFT, OR ORDER FOR THE PAYMENT OF MONEY OR TO FRAUDULENTLY STOP PAYMENT ON SUCH AN INSTRUMENT AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 34-11-60, 34-11-70, 34-11-80, AND 34-11-90 RELATING TO FRAUDULENT CHECKS, DRAFTS, OR ORDERS AND STOP PAYMENT ORDERS.

Referred to Committee on Judiciary.

H. 4473 -- Reps. Moss, Felder and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-250 SO AS TO REQUIRE ACCIDENT AND HEALTH INSURANCE COMPANIES TO PAY INSURANCE BENEFITS DUE TO A POLICYHOLDER DIRECTLY TO HEALTH CARE PROVIDERS WHEN REQUESTED IN WRITING BY THE POLICYHOLDER.

Referred to Committee on Labor, Commerce and Industry.

H. 4474 -- Rep. Moss: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, SO AS TO PROVIDE FOR THE LICENSURE OF NURSING HOME ADMINISTRATORS, PRESCRIBE CONDUCT FOR DISCIPLINARY ACTION, AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, INCLUDING THOSE FOR THE ISSUANCE OF LICENSE AND DISCIPLINARY PROCEEDINGS.

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

H. 4475 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE INCOME WITHHOLDING PROVISIONS TO ENFORCE SUPPORT OBLIGATIONS, SO AS TO ADD IN THE DEFINITION OF "SUPPORT ORDER" REFERENCES TO MAINTENANCE OF A SPOUSE OR FORMER SPOUSE AND SUPPORT OF A CHILD.

Referred to Committee on Judiciary.

H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.

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

H. 4477 -- Rep. Moss: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ASK THE COURT TO REQUIRE THAT HEALTH INSURANCE COVERAGE FOR SUPPORTED CHILDREN BE MAINTAINED BY THE ABSENT PARENT IF THAT INSURANCE IS AVAILABLE AT A REASONABLE COST TO THE PARENT AND TO PROVIDE THAT THE COURT ORDER THE ABSENT PARENT TO COOPERATE WITH THE CUSTODIAL PARENT, THE DEPARTMENT, AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION IN COMPLETING NECESSARY INSURANCE CLAIMS DOCUMENTS.

Referred to Committee on Judiciary.

H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.

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

H. 4479 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RECEIVE FEDERAL AND STATE TAX REFUNDS FROM AN OBLIGOR WHO IS DELINQUENT IN HIS COURT-ORDERED CHILD SUPPORT AND WHO QUALIFIES FOR SUBMITTAL UNDER STATE OR FEDERAL LAW EVEN IF THE OBLIGOR IS IN COMPLIANCE WITH A COURT ORDER REQUIRING PERIODIC PAYMENTS TOWARD SATISFACTION OF THE DELINQUENCY OR THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE BY COURT ORDER.

Referred to Committee on Judiciary.

H. 4480 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO EARMARK FISCAL INCENTIVES FOR THE EXCLUSIVE USE FOR CHILD SUPPORT ACTIVITIES.

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

H. 4481 -- Reps. Farr, Felder, Rhoad, Wofford, Gentry, G. Bailey, P. Harris, Harwell, Taylor, Barber, Faber, Fair, McKay, McGinnis, Smith, White, T. Rogers, Barfield, Quinn, Wright, J. Brown, Cole, Kinon, Moss, D. Williams, Sharpe, Fant, K. Bailey, Littlejohn, Bruce, Jaskwhich, McLeod, McAbee, Townsend, Glover, Keyserling, Nesbitt, Burch, Ferguson, J.C. Johnson, McEachin, J. Williams, Stoddard, H. Brown, Derrick, D. Martin, Waldrop, Kirsh, McBride, Beasley, Harrison, Boan, Davenport, Phillips, T.C. Alexander, Snow, Foster, Waites, Wilkes, Lanford, Kay, Washington, Rudnick, Koon, J. Bailey, Short and Limehouse: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFETY BELTS LAW AND THE PROVISION THAT A LAW ENFORCEMENT OFFICER MAY NOT STOP A DRIVER FOR A VIOLATION OF THE SAFETY BELTS LAW IN THE ABSENCE OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS, SO AS TO ELIMINATE THE EXCEPTION TO THAT PROVISION CONCERNING ALLOWABLE STOPS MADE IN CONJUNCTION WITH A DRIVER'S LICENSE CHECK OR REGISTRATION CHECK.

Referred to Committee on Judiciary.

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Referred to Committee on Judiciary.

S. 846 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.

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

S. 885 -- Senator Horace C. Smith: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.

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

S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.

Referred to Committee on Invitations and Memorial Resolutions.

S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.

Referred to Committee on Ways and Means.

S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.

Referred to Committee on Ways and Means.

S. 1081 -- Senator Lee: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.

Referred to Spartanburg Delegation.

S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.

Referred to Committee on Judiciary.

S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Foster                 Gentry                 Glover
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
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               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Townsend               Tucker
Vaughn                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wofford                Wright

I came in after the roll call and was present for the Session on January 24, 1990.

Robert B. Brown                   Ken Bailey
C.D. Chamblee

I was not present during the Session but arrived in time to attend the Committee meetings on January 18, 1990.

Alex Harvin

The SPEAKER granted Rep. WAITES a leave of absence for the day to attend a Court proceeding as a result of a subpoena.

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

Rep. LITTLEJOHN moved that when the House adjourns, it adjourn in memory of Samuel Parker, Spartanburg local businessman, which was agreed to.

The following was introduced:

H. 4482 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MRS. HARRY DELLE THOMPSON CONE OF ORANGEBURG IN ORANGEBURG COUNTY, BELOVED WIFE OF DR. G. PRESTON CONE, SR., AND MOTHER OF DR. GEORGE P. CONE, JR., AND HARRY T. CONE, ESQUIRE.

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

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

S. 1102 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.

H. 3662 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.

Rep. KIRSH explained the Bill.

S. 562 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX, GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 570 -- Senator Long: A BILL TO AMEND SECTION 6-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REVENUE BOND REFINANCING ACT OF 1937, SO AS TO REVISE THE DEFINITION OF "MUNICIPALITY".

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

H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.

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.

H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.

Rep. WALDROP moved to adjourn debate upon the following Bill until Tuesday, January 30, 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.

Rep. STODDARD moved to adjourn debate upon the following Bill until Tuesday, May 1, which was adopted.

S. 776 -- Senators Pope, Martin and Bryan: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS COMMISSION FOR HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERS FROM SEVEN TO NINE.

The following Bill was taken up.

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0355O).

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

/SECTION 1.     Section 20-3-130 of the 1976 Code is amended to read:

"Section 20-3-130.     In every judgment of divorce from the bonds of matrimony the court shall make such orders touching the maintenance, alimony and suit money of either party or any allowance to be made to him or her and, if any, the security to be given as from the circumstances of the parties and the nature of the case may be just. No alimony shall be granted an adulterous spouse. In any award of permanent alimony the court shall have jurisdiction to order periodic payments or payment in a lump sum. (A)     In proceedings for divorce from the bonds of matrimony, and in actions for separate maintenance and support, the court may grant alimony or separate maintenance and support in such amounts and for such term as the court considers appropriate as from the circumstances of the parties and the nature of case may be just, pendente lite, and permanently.

(B)     Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just including, but not limited to:

(1)     Periodic alimony to be paid but terminating on the remarriage of the supported spouse or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances occurring in the future. The purpose of this form of support may include but not be limited to circumstances where the court finds it appropriate to order the payment of alimony on an ongoing basis where it is desirable to make a current determination and requirement for the ongoing support of a spouse to be reviewed and revised as circumstances may dictate in the future.

(2)     Lump sum alimony in a finite total sum to be paid in one installment, or periodically over a period of time, terminating only upon the death of the supported spouse, but not terminable or modifiable based upon remarriage or changed circumstances in the future. The purpose of this form of support may include but not be limited to circumstances where the court finds alimony appropriate but determines that such an award be of a finite and nonmodifiable nature.

(3)     Rehabilitative alimony in a finite sum to be paid in one installment or periodically, terminable upon the remarriage of the supported spouse, the death of either spouse (except as secured in subsection (D)) or the occurrence of a specific event to occur in the future, or modifiable based upon unforeseen events frustrating the good faith efforts of the supported spouse to become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony. The purpose of this form of support may include but not be limited to circumstances where the court finds it appropriate to provide for the rehabilitation of the supported spouse, but to provide modifiable ending dates coinciding with events considered appropriate by the court such as the completion of job training or education and the like, and to require rehabilitative efforts by the supported spouse.

(4)     Reimbursement alimony to be paid in a finite sum, to be paid in one installment or periodically, terminable on the remarriage of the supported spouse, or upon the death of either spouse (except as secured in subsection (D)) but not terminable or modifiable based upon changed circumstances in the future. The purpose of this form of support may include but not be limited to circumstances where the court finds it necessary and desirable to reimburse the supported spouse from the future earnings of the payor spouse based upon circumstances or events that occurred during the marriage.

(5)     Separate maintenance and support to be paid periodically, but terminating upon the divorce of the parties, or upon the death of either spouse (except as secured in subsection (D)) and terminable and modifiable based upon changed circumstances in the future. The purpose of this form of support may include but not be limited to circumstances where a divorce is not sought, but it is necessary to provide for support of the supported spouse by way of separate maintenance and support when the parties are living separate and apart.

(6)     Such other form of spousal support, under terms and conditions as the court may consider just, as appropriate under the circumstances without limitation to grant more than one form of support.

(C)     In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors:

(1)     the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties;

(2)     the physical and emotional condition of each spouse;

(3)     the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential;

(4)     the employment history and earning potential of each spouse;

(5)     the standard of living established during the marriage;

(6)     the current and reasonably anticipated earnings of both spouses;

(7)     the current and reasonably anticipated expenses and needs of both spouses;

(8)     the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action;

(9)     custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature;

(10)     marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the filing of an action for divorce or separate maintenance and support; (b) formal signing of a written property or marital settlement agreement; or (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;

(11)     the tax consequences to each party as a result of the particular form of support awarded;

(12)     the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and

(13)     such other factors the court considers relevant.

(D)     In making an award of alimony or separate maintenance and support, the court may make provision for security for the payment of the support including, but not limited to, requiring the posting of money, property, and bonds and may require a spouse to carry and maintain life insurance so as to assure support of a spouse beyond the death of the payor spouse.

(E)     In making an award of alimony or separate maintenance and support, the court may order the direct payment to the supported spouse, or may require that the payments be made through the Family Court and allocate responsibility for the service fee in connection with the award. The court may require the payment of debts, obligations, and other matters on behalf of the supported spouse.

(F)     The court may elect and determine the intended tax effect of the alimony and separate maintenance and support as provided by the Internal Revenue Code and any corresponding state tax provisions. The Family Court may allocate the right to claim dependency exemptions pursuant to the Internal Revenue Code and under corresponding state tax provisions and to require the execution and delivery of all necessary documents and tax filings in connection with the exemption.

(G)     The Family Court may review and approve all agreements which bear on the issue of alimony or separate maintenance and support, whether brought before the court in actions for divorce from the bonds of matrimony, separate maintenance and support actions, or in actions to approve agreement where the parties are living separate and apart. The failure to seek a divorce, separate maintenance, or a legal separation does not deprive the court of its authority and jurisdiction to approve and enforce the agreements.

(H)     The court, from time to time after considering the financial resources and marital fault of both parties, may order one party to pay a reasonable amount to the other for attorney fees, expert fees, investigation fees, costs, and suit money incurred in maintaining an action for divorce from the bonds of matrimony, as well as in actions for separate maintenance and support, including sums for services rendered and costs incurred before the commencement of the proceeding and after entry of judgment, pendente lite and permanently."

SECTION 2.     This act takes effect six months after approval by the Governor and applies to all actions filed on or after that date./

Amend title to conform.

Rep. HUFF explained the amendment.

Reps. BLACKWELL, CORBETT and LIMEHOUSE objected to the Bill.

The following Bill was taken up.

H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc. No. 0001X), which was adopted:

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

/SECTION     1.     Section 11-13-60 of the 1976 Code is amended to read:

"Section 11-13-60.     Any bank or trust company being made a State depository may, instead of the surety bond required by Section 11-13-50, furnish, as surety for the deposit or deposits of State funds, United States Government bonds, Federal farm loan bonds issued by Federal land banks pursuant to the Federal Farm Loan Act as amended, Federal intermediate credit bank debentures issued by Federal intermediate credit banks pursuant to the Federal Farm Loan Act as amended, debentures issued by Central Bank for Cooperatives and regional banks for cooperatives, organized under the Farm Credit Act of 1933 and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to authorities contained in the Farm Credit Act of 1971 (Public Law 92-181) or by any of such banks, and bonds or other obligations of this State or any political subdivision thereof. Such surety shall be filed with the proper officers within one week after deposit shall be made, or at the time of deposit, if required. A bank or savings and loan association, upon the deposit of state funds by the State Treasurer in excess of insurance coverage by the Federal Deposit Insurance Corporation or the Savings Association Insurance Fund, shall furnish an indemnity bond in a responsible surety company authorized to do business in this State in an amount that will protect the State against loss in the event of insolvency or liquidation of the institution or for any other cause. A bank or savings and loan association may, in lieu of the indemnity bond, pledge as collateral for the deposits, obligations of the United States, obligations fully guaranteed both as to principal and interest by the United States, obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, or general obligations of this State or any political subdivision of it. The State Treasurer shall exercise prudence in accepting the securities listed as collateral. The surety or collateral must be filed with the State Treasurer at time of deposit."/

Amend title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3975 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO FINANCE REDEVELOPMENT PROJECTS BY MEANS OF TAX-INCREMENT FINANCING.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0347o), which was adopted.

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

/SECTION 2. This act takes effect upon the ratification of amendments to Article X of the Constitution of this State, authorizing the governing body of a county to finance redevelopment projects by means of tax-increment financing./

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. CORBETT proposed the following Amendment No. 2 (Doc. No. 0094X), which was adopted.

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

/SECTION ___.     Section 6-21-50 of the 1976 Code is amended to read:

"Section 6-21-50.     Any municipality or county of this State may purchase or construct a waterworks system, water supply system, sewer system, sanitary disposal equipment and appliances, garbage and trash disposal systems including plants for solid waste transfer, reduction and recyclement, light plant or system, natural gas system, ice plants, power plants and distribution systems, gas plants, incinerator plants, hospitals, nursing home and care facilities, piers, docks, terminals, airports, highways, bridges, toll bridges, ferries, drainage systems, city halls, courthouses, armories, fire stations and fire fighting vehicles, auditoriums, hotels, municipal buildings, theatres, community auditoriums and hotels, city halls and hotels, public markets, public recreation parks, swimming pools, golf courses, stadiums, school auditoriums, gymnasiums or teacherages, cemeteries, parking buildings, parking lots, curb markets, or other public buildings or structures and in furtherance thereof of those purposes may purchase or construct any necessary part of any such system, either within or without the limits of such the county or the corporate limits of such city or incorporated town the municipality. A county may under this chapter develop a courthouse and office building combined or a courthouse and jail combined. Curb markets may be purchased or constructed alone or as a single system together with parking lots for vehicles or together with buildings for storage or for rental either as space or as stores or offices, or together with both such the parking lots and buildings.

Provided, however, that notwithstanding any other provision of law, any Any bonds issued for financing a fire fighting vehicle pursuant to the provisions of this chapter shall be are subject to a maximum maturity of not more than twenty-five years."/

Renumber sections to conform.

Amend title to conform.

Rep. CORBETT explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0441O).

Amend the bill, as and if amended, by striking Section 8-11-120 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 8-11-120.     (A) All State state offices, agencies, departments, and other divisions and branches of the State state government shall notify the South Carolina Employment Security Commission and the Personnel Recruitment Section, Division of Human Resource Management of the Budget and Control Board of job vacancies within five days after any such vacancy exists a vacancy in any employment position, except those employment positions exempt from the classification and compensation plan under the provisions of Section 8-11-270, at least seven working days prior to the close of the application period. Notification of each vacant position must include the following:

(a)     a description of the job responsibilities for the vacant position;

(b)     the salary range for the vacant position;

(c)     the name of the agency where the vacant position exists;

(d)     a description of the application process for the vacant position;

(e)     residency requirements, if any, for the vacant position;

(f)     the classification code, the slot, and the position number, if any, of the vacant position;

(g)     the minimum requirements for the vacant position, as well as preferred qualifications, if any;

(h)     the opening and closing dates for applying for the vacant position;

(i)     a statement of equal employment opportunity;

(j)     the Merit System status of the vacancy.

The notification must be posted conspicuously within the agency where the vacancy exists and must include the information described in items (a) through (j).

If the vacancy is a promotional opportunity that requires work experience with the agency to qualify for the promotion, notice of the vacancy must be posted in a conspicuous place within the agency for five consecutive days, and the notice of vacancy does not have to be sent to the Employment Security Commission or to the Recruitment Section, Division of Human Resource Management of the Budget and Control Board.

No final interviews to fill a vacancy in a classified position may be conducted until after the closing date for applications and notification has been given to the Employment Security Commission and the Recruitment Section, Division of Human Resource Management of the Budget and Control Board, unless certification is made by the agency director that an emergency situation exists requiring the vacancy to be filled immediately.

(B)     For other employment positions within state offices, agencies, departments, and other divisions and branches of the state government, notice of each vacancy must be given to the South Carolina Employment Security Commission and the Recruitment Section, Division of Human Resource Management of the Budget and Control Board within five days after the vacancy exists."/

Amend title to conform.

Rep. CARNELL explained the amendment and moved to adjourn debate upon the Bill until Tuesday, January 30, which was adopted.

The following Joint Resolution was taken up.

S. 563 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX MAPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1022, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Rep. CARNELL moved to reconsider the vote whereby the Joint Resolution was given a second reading, which was agreed to.

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

The following Bill was taken up.

S. 574 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 11-1-70 AND 11-9-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE THEIR INVESTMENT IN SECURITIES ISSUED BY THE AFRICAN DEVELOPMENT BANK.

Reps. KLAPMAN and HALLMAN objected to the Bill.

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

The following Joint Resolution was taken up.

H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 7, 1990.

Rep. CORNING proposed the following Amendment No. 1 (Doc. No. 0021X).

Amend the Joint Resolution, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Enforcement and application of Part E of Section 3 of Insurance Department regulation R69-44 ("Requirement for Home Care") is suspended until June 30, 1990./

Amend title to conform.

Rep. CORNING explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CORNING having the floor.

Rep. BLACKWELL withdrew his objection to the following Bill.

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

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

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Rep. HOLT moved to adjourn debate upon the Senate amendments until Wednesday, January 31, which was adopted.

The Senate amendments to the following Joint Resolution were taken up for consideration.

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.

The question then recurred to concur or non-concur in the Senate amendments.

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

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Blackwell
Brown, J.              Faber                  Harwell
Holt                   Keesley                Keyserling
McBride                Quinn                  Rogers, J.
Rogers, T.             Rudnick                Washington
Whipper                White                  Wilkes
Williams, D.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barber
Barfield               Baxley                 Bennett
Blanding               Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Clyborne               Cole                   Cooper
Corbett                Cork                   Davenport
Derrick                Elliott                Fant
Felder                 Gentry                 Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Hayes
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Kinon
Kirsh                  Klapman                Kohn
Koon                   Lanford                Limehouse
Littlejohn             Manly                  Martin, L.
McCain                 McElveen               McGinnis
McLeod                 McTeer                 Moss
Nesbitt                Nettles                Phillips
Rama                   Sharpe                 Sheheen
Smith                  Townsend               Tucker
Vaughn                 Wells                  Wilkins
Winstead               Wofford                Wright

So, the House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

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

H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.

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 Senate amendments to the following Bill were taken up for consideration.

S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.

Rep. T.M. BURRISS explained the Senate amendment and moved to adjourn debate upon the Senate amendments until Tuesday, January 30, which was adopted.

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

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 0188X), which was adopted.

Amend the bill, as and if amended, in SECTION 2, page 2, lines 26 and 29, by striking /before January 30,/ and inserting /on January 16,/ so that when amended SECTION 2 shall read:

/SECTION     2.     Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid on January 16, 1990. There must be refunded no later than March 1, 1990, to taxpayers any penalties assessed on ad valorem taxes for the 1989 tax year paid on January 16, 1990./

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. RUDNICK spoke against the amendment and moved to table the amendment.

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

Those who voted in the affirmative are:

Davenport              Huff                   Rudnick
Sharpe                 Smith                  Whipper

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Baxley
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Carnell                Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Derrick
Elliott                Faber                  Fant
Farr                   Felder                 Foster
Gentry                 Hallman                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Kinon
Kirsh                  Klapman                Kohn
Koon                   Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
McBride                McCain                 McEachin
McGinnis               McLellan               McLeod
McTeer                 Moss                   Nesbitt
Nettles                Quinn                  Rama
Rhoad                  Sheheen                Simpson
Snow                   Taylor                 Townsend
Tucker                 Vaughn                 Waldrop
Wells                  White                  Wilder
Wilkes                 Williams, J.           Wofford
Wright

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 0193X), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2, page 2, lines 21 through 29, and inserting:

/SECTION     2.     Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid on January 16, 1990. There must be refunded no later than March 1, 1990, to taxpayers any penalties assessed on ad valorem taxes for the 1989 tax year paid on January 16, 1990. However, the governing body of a county may, by resolution, extend the time for paying taxes without penalty to a date no later than the fourteenth day following the effective date of this act. Any penalties paid during this extension period must be promptly refunded./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. KLAPMAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 50 to 30.

Reps. J.C. JOHNSON and HASKINS proposed the following Amendment No. 5 , which was adopted.

Amend section 1, paragraph 2, lines 3 and 4 by striking "second" and inserting "first."

Rep. RUDNICK proposed the following Amendment No. 3 (Doc. No. 0199X), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2, page 2, lines 21 through 29, and inserting:

/SECTION     2.     Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, in those counties which observed January 15, 1990, as a holiday, the governing body of a county may, by resolution, extend the time for paying taxes without penalty. Any penalties paid during this extension period must be promptly refunded./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 54 to 28.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.

The following Concurrent Resolution was taken up.

S. 757 -- Senator McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO SUPPORT S. 231, THE AID TO FAMILIES WITH DEPENDENT CHILDREN QUALITY CONTROL IMPROVEMENT ACT OF 1989, WITH AN EXCEPTION.

Whereas, Senator Daniel P. Moynihan (D-NY) has introduced S. 231, the Aid to Families With Dependent Children Quality Control Improvement Act of 1989; and

Whereas, S. 231 is consistent with the major findings of the National Academy of Science's quality control study; and

Whereas, this bill rectifies, for fiscal year 1987 and subsequent years, a number of inequities and inadequacies of the current quality control system; and

Whereas, S. 231 does, however, fail to adequately redress the inequities of levying penalties for years prior to 1987 against any state based on a system which has been determined by a study, mandated by Congress, to be flawed. Now, therefore,

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

That the General Assembly supports S. 231 with an amendment to provide an additional avenue of appeal for those states whose sanctions would not be eliminated by the provisions of the bill.

Be it further resolved that the General Assembly supports introduction of a companion bill in the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.

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

Rep. L. MARTIN moved to dispense with the Motion Period.

As a first substitute Rep. MOSS moved to recall H. 4425 from the Medical, Military, Public and Municipal Affairs Committee.

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

Rep. SHARPE moved to table the motion, which was rejected by a division vote of 20 to 26.

The question then recurred to the motion to recall H. 3618 from the Agriculture and Natural Resources Committee.

Rep. HUFF moved that the House do now adjourn, which was rejected by a division vote of 39 to 54.

The question then recurred to the motion to recall H. 3618 from the Agriculture and Natural Resources Committee.

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

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Blackwell              Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Elliott                Fair                   Fant
Farr                   Hayes                  Hodges
Holt                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Klapman
Manly                  Martin, D.             Martin, L.
McElveen               McGinnis               McLellan
Neilson                Nesbitt                Phillips
Rogers, T.             Sheheen                Simpson
Townsend               Vaughn                 Washington
Whipper                Wilder                 Wilkins
Williams, D.           Williams, J.

Those who voted in the negative are:

Altman                 Bailey, K.             Barfield
Baxley                 Blanding               Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Derrick
Faber                  Felder                 Foster
Gentry                 Glover                 Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Huff                   Kinon                  Kirsh
Kohn                   Koon                   Lanford
Littlejohn             Mappus                 McAbee
McBride                McCain                 McLeod
Moss                   Quinn                  Rama
Rhoad                  Rogers, J.             Rudnick
Sharpe                 Smith                  Snow
Taylor                 Tucker                 Waldrop
Wells                  Wilkes                 Wofford
Wright

So, the House refused to recall H. 3618.

The question then recurred to the motion to recall H. 4425 from the Medical, Military, Public and Municipal Affairs Committee, which was agreed to.

The question then recurred to the motion to dispense with the balance of the Motion Period, which was agreed to.

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

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

H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

Referred to Committee on Judiciary.

H. 4484 -- Rep. Farr: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 101 SO AS TO ENACT THE AIDS PUBLIC SAFETY AND TESTING DISCLOSURE ACT.

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

H. 4485 -- Reps. Wilkins and Nettles: A BILL TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE AND PENALTIES, SO AS TO PROVIDE THAT THE DEFINITION OF A SECOND OR SUBSEQUENT OFFENSE INCLUDES MARIJUANA, DEPRESSANT, STIMULANT, OR HALLUCINOGENIC DRUGS.

Referred to Committee on Judiciary.

H. 4486 -- Reps. McLeod, Felder, Moss and Blanding: A BILL TO AMEND SECTION 39-41-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOVEGROUND STORAGE OF PETROLEUM PRODUCTS, SO AS TO DETAIL THE REQUIREMENTS FOR STORAGE AND DELETE THE REQUIREMENT THAT THE STATE FIRE COMMISSION PROMULGATE REGULATIONS FOR STORAGE AND TO PROVIDE EXCEPTIONS.

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

H. 4487 -- Reps. Neilson, Davenport and Wells: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET REGARDING THE LEVEL OF STATE CONTRIBUTION TO EACH SCHOOL DISTRICT UNDER THE PROVISIONS OF THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION, BEGINNING WITH THE 1990-91 SCHOOL YEAR, TO DEVELOP A MINIMUM SALARY SCHEDULE WHICH MUST INCLUDE MINIMUM SALARIES FOR TEACHERS WITH ZERO TO THIRTY YEARS' EXPERIENCE.

Referred to Committee on Education and Public Works.

The following was introduced:

H. 4488 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, Corning, Waites, J. Brown, Taylor, Harrison and T.M. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHRISTOPHER DONNIAL SHARPER OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

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

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

At 4:00 P.M. the House in accordance with the motion of Rep. LITTLEJOHN adjourned in memory of Samuel Parker, Spartanburg local businessman, to meet at 10:00 A.M. tomorrow.

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