Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

As we pause, gracious God, in the hushed moments of prayer, may there come into our beings a new awareness of Your presence, a more fervent determination to follow Your ways, and a more diligent search for Your truths. Cause us to conduct ourselves with honor, knowing that it is better to sleep on what we are going to do than to stay awake because of what we have done. Make us deliberate in our actions, sincere in our efforts, always striving to do what is best for people and to please our Heavenly Father. Possess us with such an abundance of gratitude as to enable us to feel constantly that now is the best time of our lives.

Amen.

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

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

The following was received and referred to the appropriate committee for consideration.

Document No. 1213
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Marinas)
Received by Speaker January 25, 1990
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date May 25, 1990

The following was received from the Senate.

Columbia, S.C., January 25, 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 H. 3466:
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.
Very respectfully,
President

On motion of Rep. WINSTEAD, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WALDROP, KLAPMAN and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., January 25, 1990

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:05 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. H. BROWN the invitation was accepted.

The following was received.
Columbia, S.C., January 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that is has confirmed the Governor's appointment of:

Reappointment, Master-in-Equity, Calhoun County, with term to expire August 14, 1991:

Thomas P. Culclasure, P.O. Box 183, St. Matthews, S.C. 29135

Very respectfully,
President

No. 013

Received as information.

At 12:05 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R313) S. 802 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL HOME BUILDERS COMMISSION, RELATING TO LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R314) S. 803 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO ADVERTISING, RESIDENCE REQUIREMENT, CREDIT REPORT, BRANCH OFFICE, LICENSING, CLOSING STATEMENTS, EXAMINATIONS, BROKER, SALESMEN AND PROPERTY MANAGERS, HANDLING OF FUNDS, AGE REQUIREMENT, SIGN ON OFFICE, DISPLAY OF LICENSE, FAILURE OF EXAMINATION, MANAGEMENT AGREEMENTS, MULTI-UNIT RENTAL PROPERTY, EMPLOYEE DUTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1100, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R315) S. 1102 -- Senator McGill: AN ACT 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.

(R316) S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 70 SO AS TO PROVIDE FOR THE REGULATION OF "UTILIZATION REVIEWS" AND "PRIVATE REVIEW AGENTS" IN REGARD TO HEALTH CARE SERVICES GIVEN OR PROPOSED TO BE GIVEN TO A PATIENT OR A GROUP OF PATIENTS.

(R317) S. 623 -- Senator Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-9-75 SO AS TO PROVIDE THAT IN ALL CASES WHERE INDICES AFFECTING REAL PROPERTY ARE REQUIRED TO BE MAINTAINED IN THE OFFICES OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES AND WHERE THESE INDICES ARE MAINTAINED BY ELECTRONIC OR COMPUTER MEANS, THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES SHALL PROVIDE AT LEAST A SECOND OR BACKUP COPY OF THE INDICES WHICH MUST BE AVAILABLE FOR USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.

(R318) S. 986 -- Senator Waddell: AN ACT TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.

(R319) S. 1066 -- Senator McGill: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.

(R320) S. 1046 -- Senators Rose and Helmly: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.

(R321) S. 456 -- Senators Wilson, Shealy and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-21-85 SO AS TO AUTHORIZE A CIRCUIT JUDGE TO ORDER THAT JURY SELECTION IN A CRIMINAL CASE BE CONDUCTED IN ANOTHER COUNTY AND THE JURY, WHEN SELECTED, BE TRANSPORTED FOR THE DURATION OF THE TRIAL TO THE COUNTY IN WHICH THE TRIAL OCCURS.

(R322) S. 574 -- Banking and Insurance Committee: AN ACT 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.

(R323) S. 570 -- Senator Long: AN ACT 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".

(R324) 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.

(R325) S. 1047 -- Senator Setzler: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.

(R326) S. 1045 -- Senator Giese: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.

(R327) S. 1103 -- Senator Martschink: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.

(R328) H. 3244 -- Reps. Koon, Sturkie and Klapman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-3-165 SO AS TO PROVIDE THAT ARCHITECTS SHALL NOT ENTER INTO CONTRACTS FOR PROFESSIONAL SERVICES EXCEPT BY DIRECT NEGOTIATION, AND TO PROVIDE THAT AN ARCHITECT MAY STATE COMPENSATION TO A PROSPECTIVE CLIENT IN DIRECT NEGOTIATION WHERE ARCHITECTURAL SERVICES NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE HAVE BEEN DEFINED.

(R329) H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION; TO AMEND SECTION 12-35-580, RELATING TO A STATEMENT AND PREPAYMENT OF ESTIMATED SALES TAX LIABILITY, SO AS TO EXCLUDE THE IMPOSITION OF THE LOCAL OPTION SALES AND USE TAX FROM THE SECTION AND TO PROVIDE FOR AN ALLOCATION TO AND REIMBURSEMENT BY THE TAX COMMISSION FOR ADMINISTRATIVE EXPENSES TO IMPLEMENT THE TAX.

(R330) H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.

(R331) H. 3861 -- Rep. Nesbitt: AN ACT TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE REQUISITE STUDY OF AND EXAMINATION CONCERNING THE UNITED STATES CONSTITUTION FOR PURPOSES OF GRADUATION FROM HIGH SCHOOL AND COLLEGE, SO AS TO INCLUDE THE DECLARATION OF INDEPENDENCE AND THE FEDERALIST PAPERS.

(R332) H. 4157 -- Rep. McElveen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.

(R333) H. 3574 -- Rep. Beasley: AN ACT TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

(R334) H. 4197 -- Rep. White: AN ACT TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO DELETE PROVISIONS RELATING TO FILLING A VACANCY WHEN THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS, PROVIDE THAT THE OFFICE MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY IF THE UNEXPIRED TERM IS TWELVE MONTHS OR LESS, AND PROVIDE A PROCEDURE FOR CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY WHEN THE REMAINDER OF THE UNEXPIRED TERM IS MORE THAN TWELVE MONTHS.

At 12:15 P.M. the House resumed, the SPEAKER in the Chair.

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

H. 3876 -- Rep. Washington: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND TO PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.

Ordered for consideration tomorrow.

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

H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.

Ordered for consideration tomorrow.

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

H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

Ordered for consideration tomorrow.

The following was introduced:

H. 4497 -- Reps. Harvin, J. Rogers, T. Rogers, Felder, Mattos, Farr, Littlejohn, McCain, H. Brown, McElveen, Mappus, G. Bailey, White, Harwell, Blackwell, Ferguson, Sharpe, Wells, Davenport, Holt, Taylor, Klapman, Waites, Elliott, Kay, J.C. Johnson, Smith, J. Brown, Townsend, Barber, Harrison, Washington, Wright, Whipper, D. Martin, Corning, Keegan, Baxley, Nesbitt, K. Bailey, Quinn, Kohn, Cooper, Koon, Fair, Limehouse, McLellan, Burch, Foster, Chamblee, M.O. Alexander, Rama, Haskins, Vaughn, Lanford, Bruce, Derrick, Huff, J. Bailey, Hayes, McTeer, Snow, Altman, L. Martin, Wilder, Jaskwhich and McEachin: A HOUSE RESOLUTION RECOGNIZING AND SALUTING OUR DISTINGUISHED COLLEAGUE IN THE HOUSE OF REPRESENTATIVES, THE HONORABLE THOMAS N. RHOAD, ON THE OCCASION OF THE MEDICAL CLINIC OF THE TOWN OF EHRHARDT BEING NAMED FOR HIM.

The Resolution was adopted.

The following was introduced:

H. 4498 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE INMAN ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

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

The following was introduced:

H. 4499 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE MAYO ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

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

The following was introduced:

H. 4500 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE NEW PROSPECT ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

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

The following was introduced:

H. 4501 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE COOLEY SPRINGS-FINGERVILLE ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

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

The Senate sent to the House the following:

S. 1143 -- Senators Lourie, Martschink, Fielding, McConnell and Passailaigue: A CONCURRENT RESOLUTION COMMENDING EDWIN S. PEARLSTINE OF CHARLESTON COUNTY FOR HIS SUPERB SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA AERONAUTICS COMMISSION AND THANKING HIM FOR HIS DEDICATION, HIS EXCELLENT HARD WORK, AND HIS LEADERSHIP.

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

The Senate sent to the House the following:

S. 1144 -- Senators Lourie, Saleeby, Giese, Courson, Patterson and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE MR. FRANK SUMNER SMITH, JR., OF COLUMBIA, THE VICE CHAIRMAN AND CORPORATE SECRETARY OF COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY, WHO WAS HONORED AS HUMANITARIAN OF THE YEAR THURSDAY, JANUARY 18, 1990, BY THE PALMETTO SOCIETY OF THE UNITED WAY OF THE MIDLANDS.

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

The Senate sent to the House the following:

S. 1145 -- Senators Lourie and Mullinax: A CONCURRENT RESOLUTION TO THANK AND COMMEND GUNTHER GEBEL-WILLIAMS OF RINGLING BROTHERS AND BARNUM AND BAILEY CIRCUS, UPON HIS RETIREMENT FROM THE ENTERTAINMENT ARENA AND FOR THE MANY YEARS OF HAPPINESS HE HAS GIVEN TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

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

H. 4502 -- Rep. Altman: A BILL TO REPEAL SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DUPLICATE MOTOR VEHICLE DRIVER'S LICENSE.

Referred to Committee on Education and Public Works.

H. 4503 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO INCREASE THE PERMIT FEE FROM TEN TO FIFTEEN DOLLARS; TO AMEND SECTION 56-5-4180, AS AMENDED, RELATING TO PERMITS FOR MOVING OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS, SO AS TO INCREASE THE PERMIT FEE FROM FIFTY TO ONE HUNDRED DOLLARS; AND TO REPEAL SECTION 56-5-4200, RELATING TO THE REPORTS AND RECORDS REQUIRED OF PERSONS TO WHOM OPEN-END PERMITS ARE ISSUED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 4504 -- Rep. Altman: A BILL TO AMEND SECTION 57-5-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS REQUIRED TO OPEN A PRIVATE DRIVEWAY OR SIDE-ROAD ENTRANCE OR EXIT TO A PRIMARY HIGHWAY, SO AS TO DELETE THE LIMITATION TO A PRIMARY HIGHWAY AND PROVIDE FOR A PERMIT APPLICATION FEE.

Referred to Committee on Education and Public Works.

H. 4505 -- Rep. Altman: A BILL TO AMEND SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION ALLOWING THE DEPARTMENT TO DESTROY RECORDS WHICH HAVE BEEN MAINTAINED ON FILE FOR FIVE YEARS; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.

Referred to Committee on Education and Public Works.

H. 4506 -- Rep. Altman: A BILL TO AMEND SECTION 38-77-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT TO EXCLUDE A PERSON FROM AUTOMOBILE LIABILITY INSURANCE COVERAGE, SO AS TO REQUIRE A LETTER CERTIFYING THAT THE DRIVER'S LICENSE OF THE PERSON EXCLUDED HAS BEEN DELIVERED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF REQUIRING AN AFFIDAVIT.

Referred to Committee on Education and Public Works.

H. 4507 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CERTIFICATES OF SELF-INSURANCE, SO AS TO PROVIDE FOR THE INSURANCE COMMISSION INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE A CERTIFICATE AND PROVIDE FOR THE COMMISSION'S AND THE DEPARTMENT'S REQUIREMENTS IF A CERTIFICATE IS CANCELED.

Referred to Committee on Labor, Commerce and Industry.

H. 4508 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF AN APPLICATION FOR THE REGISTRATION AND LICENSING OF A MOTOR VEHICLE, SO AS TO REVISE THE REQUIREMENTS FOR THE MOTOR VEHICLE DESCRIPTION AND ODOMETER DISCLOSURE STATEMENT.

Referred to Committee on Education and Public Works.

H. 4509 -- Reps. P. Harris, J. Harris, Carnell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS.

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

H. 4510 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-27-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES.

Referred to Committee on Ways and Means.

H. 4511 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.

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

H. 4512 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.

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

H. 4513 -- Reps. Snow, Altman, Elliott, Barfield, Keegan, Corbett, Gordon and Harvin: A JOINT RESOLUTION TO NAME THE NEW MOTOR VEHICLE LICENSE OFFICE BUILDING OF THE HIGHWAYS AND PUBLIC TRANSPORTATION DEPARTMENT IN THE CITY OF GEORGETOWN THE "WALLACE J. McKNIGHT BUILDING".

On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4514 -- Reps. Mappus and Rama: A BILL TO AMEND SECTION 33-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING FOR DIRECTORS AND A SHAREHOLDER'S RIGHT TO CUMULATE HIS VOTE, SO AS TO DELETE THE RIGHT OF CUMULATIVE VOTING.

Referred to Committee on Labor, Commerce and Industry.

H. 4515 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-35 SO AS TO PROVIDE THAT LENDERS ENGAGED IN MAKING OR SERVICING CERTAIN REAL ESTATE MORTGAGE LOANS SHALL ACCEPT INSURANCE BINDERS UNDER SPECIFIED CONDITIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4516 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4517 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO LICENSING, CONTINUING EDUCATION, AND APPRENTICESHIPS OF OPTICIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1124, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4518 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD FOR SOCIAL WORK EXAMINERS, RELATING TO LICENSING, CONTINUING EDUCATION, AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1123, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4519 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO REPEAL OF PERMISSIBLE ADVERTISING BY DENTISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4520 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1101, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4522 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-155 SO AS TO PROVIDE THE STANDARDS TO BE FOLLOWED BY ACCOUNTANTS IN THE ANNUAL AUDIT OF THE OFFICES OF THE COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, AND TO PROVIDE A PENALTY FOR A COUNTY'S FAILURE TO COMPLY WITH THESE STANDARDS.

Referred to Committee on Ways and Means.

S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.

Referred to Committee on Labor, Commerce and Industry.

S. 904 -- Senator Saleeby: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 6 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.

Referred to Committee on Labor, Commerce and Industry.

S. 989 -- Senator Waddell: A BILL TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.

Referred to Committee on Labor, Commerce and Industry.

S. 1044 -- Senator Pope: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2045 RELATING TO TRUCK DRIVER TRAINING SCHOOLS SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.

Referred to Committee on Labor, Commerce and Industry.

S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.

Referred to Committee on Judiciary.

S. 1113 -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT THE NUMBER OF INSTRUCTIONAL SCHOOL DAYS REQUIRED PURSUANT TO SECTIONS 59-1-420 AND 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, BE REDUCED BY FIVE DAYS FOR THOSE SCHOOL DISTRICTS WHICH MISSED TEN OR MORE INSTRUCTIONAL DAYS DUE TO HURRICANE HUGO, TO PROVIDE THAT THESE LOCAL SCHOOL DISTRICT BOARDS OF TRUSTEES MAY REQUEST THAT THE STATE BOARD OF EDUCATION WAIVE ADDITIONAL INSTRUCTIONAL DAYS, AND TO PROVIDE FOR THE WAIVER OF STAFF DEVELOPMENT AND TEACHER WORK DAYS IN ORDER TO MAKE UP INSTRUCTIONAL DAYS.

On motion of Rep. BEASLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1114 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.

Referred to Committee on Labor, Commerce and Industry.

S. 1133 -- Senators McGill, Hinds, Land and Drummond: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 9 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

S. 1141 -- Senators McGill, Drummond, Gilbert and Leatherman: A BILL TO AMEND CHAPTER 11 OF TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-707, SO AS TO PROVIDE FOR THE USE OF ARTIFICIAL LIGHTS IN GAME ZONE NO. 10 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

The following was received.
Columbia, S.C., January 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Pope and Land of the Committee of Conference on the part of the Senate on H. 3466:
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.
Very respectfully,
President

No. 078

Received as information.

The following was introduced:

H. 4523 -- Reps. Mappus, Hallman, Rama, Altman, Whipper, J. Bailey, Washington and D. Martin: A CONCURRENT RESOLUTION ESTABLISHING A STUDY COMMITTEE TO STUDY SOURCES OF ALTERNATE FUNDING FOR HIGHWAY WORK AND PROJECTS TO BE DONE IN INDIVIDUAL COUNTIES.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Gentry
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
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
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
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 30, 1990.

Maggie W. Glover                  Robert Barber
Derham Cole                       Roland S. Corning

Reps. McCAIN, McLEOD, WILDER and NETTLES signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, January 25, 1990.

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

H. 4336 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE COUNTIES TO INCUR INDEBTEDNESS FOR THE PURPOSE OF REDEVELOPMENT AND THAT THIS DEBT SERVICE BE PROVIDED BY MEANS OF TAX INCREMENT FINANCING.

H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.

H. 4037 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF LOCAL AUTHORITIES WITH RESPECT TO STREETS AND HIGHWAYS UNDER THEIR JURISDICTION, SO AS TO AUTHORIZE THESE LOCAL AUTHORITIES TO REGULATE OR PROHIBIT THE USE OF SKATEBOARDS.

H. 4199 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.

H. 4205 -- Rep. Wilkins: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.

H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.

H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.

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.

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.

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.

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.

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

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.

The following Bill was read the third time, passed and, 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.

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.

The following Bill was taken up.

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.

Rep. P. HARRIS, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 0432I), which was adopted.

Amend the bill, as and if amended, the appropriately numbered item of Section 43-33-350, as contained in SECTION 1, page 1, by adding at the end:

/The system shall prepare a report based on the inspection which must be submitted to the Joint Legislative Committee on Mental Health and Mental Retardation, South Carolina Department of Health and Environmental Control, and State Department of Mental Health./

Amend title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

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

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3576U).

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

/SECTION 1.     Section 23-45-150 of the 1976 Code is amended to read:

"Section 23-45-150.     Whenever the State Fire Marshal has reason to believe that any a person is or has been violating any a provision of this chapter, unless otherwise specifically provided in this chapter, he or his deputy or assistant may issue and deliver to the person an order to cease and desist such the violation. The State Fire Marshal may impose a penalty, not to exceed two hundred fifty dollars, for each day the violation exists. Violation of any a provision of this chapter or failure to comply with a cease and desist order is cause for revocation of the license. Decisions may be appealed as provided for in Section 23-9-70 of the 1976 Code Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act)."

SECTION 2.     Section 23-45-160 of the 1976 Code is amended to read:

"Section 23-45-160.     Every rented dwelling unit within an apartment house having no fire protection system must be provided at the time of occupancy with an approved listed operable UL-approved smoke detector, installed and maintained in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the rented dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In rented dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels, then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be is audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74.

Renters must provide replacement batteries as needed during occupancy and must report to the owner a defect which renders the detector inoperable.

The State Fire Marshal shall enforce the provisions of this section. Whenever the State Fire Marshal has reason to believe that a person is or has been violating a provision of this section, he may issue and deliver an order to cease and desist the violation. If the violation has not been corrected within forty-eight hours, the State Fire Marshal may impose a penalty of three dollars a day until the violation is removed.

If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act.

If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act.

The South Carolina Fire Commission shall promulgate regulations to carry out the provisions of this section.

Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor."

SECTION 3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. MOSS explained the amendment and moved to adjourn debate upon the Bill until Wednesday, January 31, which was adopted.

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

H. 3229 -- Rep. Hodges: A BILL TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST A LICENSED HEALTH CARE PROVIDER, ANY OF ITS EMPLOYEES, A LICENSED PHYSICIAN, OR A LICENSED NURSE FOR THE FAILURE TO OBTAIN SPOUSAL CONSENT TO A PROCEDURE WHICH WOULD RENDER AN INDIVIDUAL UNABLE TO CONCEIVE CHILDREN, TO PROVIDE FOR THE REQUIREMENT THAT THE PROCEDURE BE PERFORMED WITH INFORMED CONSENT, AND TO PROVIDE FOR THE RESPONSIBILITY TO EXERCISE A REASONABLE DEGREE OF MEDICAL CARE.

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.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, January 24, by the Committee on Ways and Means.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 2 (Doc. No. 0433I), which was adopted.

Amend the bill, as and if amended, Section 8-11-120, as contained in SECTION 1, by inserting at the end of the section:

/(C)     The requirements of this section do not apply to institutions of the South Carolina Technical Education System, colleges, and universities./

Amend title to conform.

Rep. McABEE 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. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0362o), which was adopted.

Amend the bill, as and if amended, in Section 29-6-30 of the 1976 Code, as contained in Section 1, by inserting immediately after /contractor/ on line 34 of page 2 and after /payment,/ on line 42 of page 2 /by mailing via first class mail or delivering/.

When amended, Section 29-6-30 of the 1976 Code shall read:

/Section 29-6-30.     When a contractor or a subcontractor has performed in accordance with the provisions of his contract, the owner shall pay the contractor by mailing via first class mail or delivering the undisputed amount of any pay request within twenty-one days of receipt by the owner of any pay request based upon work completed or service provided under the contract, and the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, by mailing via first class mail or delivering the full amount received for that subcontractor's work and materials based on work completed or service provided under the subcontract./

Amend the bill further, as and if amended, in Section 29-6-50 of the 1976 Code as contained in Section 1, by inserting immediately before /fraction/ on line 32 of page 3 /pro rata/.

When amended, Section 29-6-50 of the 1976 Code shall read:

/Section 29-6-50.     If a periodic or final payment to a contractor is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor shall pay his contractor or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 0550o), which was adopted.

Amend the report of the Committee on Judiciary, as and if amended, by adding at the end of Section 29-6-50 of the 1976 Code the following:
/However, no interest is due unless the person being charged interest has been notified of the provisions of this section at the time request for payment is made. Nothing in this chapter shall prohibit owners, contractors, and subcontractors, from agreeing by contract to rates of interest and payment periods different from those stipulated in this section, and in this event, these contractual provisions shall control./

Amend title to conform.

Rep. T.M. BURRISS 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. 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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0106X), which was adopted.

Amend the bill, as and if amended, in Section 29-15-10 of the 1976 Code, as contained in SECTION 1, page 1 on line 16, page 2 on line 9 from the bottom, and page 3 on line 8, by striking /fifteen/ and inserting /forty-five/ so that when amended Section 29-15-10 shall read:

/Section 29-15-10.     It shall be is lawful for any proprietor, owner, or operator of any storage place, garage, or repair shop of whatever kind or repairman who shall make makes repairs upon any article under contract or furnish furnishes any material for such the repairs in this state, when to sell the property as provided in this section. When property may be has been left at his shop for repairs or storage, and after the completion of such these repairs or the expiration of the storage contract, and the article having has been continuously retained in his possession, to have such the property may be sold at public outcry auction to the highest bidder upon the expiration of sixty forty-five days after written notice has been given to the owner of the property and to any lienholder with a perfected security interest in the property that such the repairs have been completed or storage charges are due and such. The property shall must be sold by any magistrate of the county in which the work was done or the vehicle or thing was stored. provided, however However, only those storage charges which accrued after the day on which written notice was mailed to any such the lienholder shall constitute constitutes a lien against the vehicle or property to be sold. Any such The magistrate shall, before selling such the property, insure that any lienholder of record has been notified of the pending sale, and such the magistrate shall advertise the property for at least fifteen days by posting a notice in three public places in his township. And he He shall, after deducting all proper costs and commissions, pay to the claimant the money due to him, taking his receipt for it, after which he shall deposit the receipt, as well as the items of costs and commissions with the remainder of the money or proceeds of the sale in the Office office of the Clerk clerk of Court court subject to the order of the owner of the article and any lienholders having perfected security interest in the article or any legal representative of the owner or the lienholder. The magistrate who shall sell such sells the property shall be is entitled to receive the same commissions as are allowed by law for the sale of personal property by constables. But when When the value of the property repaired or stored shall does not exceed ten dollars, the storage owner, operator, or repairman may sell the property at public outcry auction to the highest bidder upon the expiration of sixty forty-five days after written notice has been given to the owner of the property that such the repairs have been completed or storage charges are due and if a description of the article to be offered for sale and the cost thereof of it shall have has been from the time of such the written notice advertised, together with the time and place of the proposed sale, in a prominent place in the shop or garage, on the county bulletin board at the courthouse, and in some other public place. Any such The sale shall must be made for cash to the highest bidder at the shop or garage at which the repairs were made or storage incurred at ten A.M. a.m. on the first Monday of the first month after the sixty forty-five days' notice shall have has been given and the true result of such the sale shall must be forthwith immediately made known to the original owner of the article so sold by notice addressed to the last-known address of such the owner./

Amend the title on line 4, page 1, by striking /FIFTEEN/ and inserting /FORTY-FIVE/ so that when amended the title shall read:

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 FORTY-FIVE 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./

Rep. WINSTEAD 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 and was taken up, read the second time, and ordered to a third reading:

H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN 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.

Rep. LIMEHOUSE explained the Bill.

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

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.

The following Joint Resolution was taken up.

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.

Reps. FOSTER, BEASLEY and TOWNSEND proposed the following Amendment No. 2, which was adopted.

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

/"SECTION     1.     (A)     For schools which missed days of instruction as a result of Hurricane Hugo, the number of days required for student instruction, staff development, and teacher work days by Section 59-1-420 of the 1976 Code are and may be waived for the 1989-90 school year in accordance with this section.

(B)     For schools which missed ten or more days of instruction as a result of Hurricane Hugo, five days shall be waived by the district board of trustees for the particular school.

(C)     For schools which missed less than ten days of instruction as a result of Hurricane Hugo, the board of trustees of the district may waive up to one-half of the days missed for each school within the district. The number of days waived by the district board may not exceed five days for any school.

(D)     Additional days of instruction missed as a result of Hurricane Hugo, which the district board is not authorized to waive, may be waived by the State Board of Education upon the request of the district board and upon good cause showing that the particular school cannot make the days up without undue hardship.

(E)     In addition to other justification, the State Board of Education may grant waivers requested under items (B) and (C) for schools which missed more instructional days than the majority of schools in the district, when waiver of the additional days allows schools of a district to attend concurrently for the remainder of the school year.

(F)     Staff development and teacher work days required by Section 59-1-420 of the 1976 Code may be waived by district boards of trustees, as needed, to provide days for the make up of student instruction.

(G)     District boards of trustees may submit one request for the waiver of additional instructional days for all schools which are similarly situated within the district.

(H)     State funding may not be reduced for any school district as a result of any reduction in the number of instructional, staff development, or teacher work days granted under this section. Teacher salaries for the 1989-90 school year must not be reduced as a result of any reduction in the number of instructional, staff development, or teacher work days granted under this section."/

Renumber sections to conform.

Amend title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0157X), which was tabled.

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

/SECTION 1.     For the 1989-90 school year, a total of five days may be exempted if determined by the local board of trustees from the requirement that public schools make up any days missed because of bad weather conditions, for days missed as a result of damage and disruption to the normal operations of the school systems caused by the hurricane "Hugo". Additional days may be exempted by the State Board of Education for school systems that were severely damaged and disrupted upon application by the appropriate school authorities to the board./

Amend title to conform.

Rep. BEASLEY moved to table the amendment, which was agreed to.

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

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

The Senate returned to the House with concurrence the following:

H. 4316 -- Reps. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 28, 1990, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

H. 4498 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE INMAN ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

H. 4499 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE MAYO ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

H. 4500 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE NEW PROSPECT ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

H. 4501 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE COOLEY SPRINGS-FINGERVILLE ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.

At 12:55 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 2:00 P.M. tomorrow.

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