Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God our Father, Whom we worship in praise and thanksgiving, give us an ever increasing understanding of Your will and a keener appreciation of Your mission for our lives. Inspire the members of this Body with a greater perspective as they take counsel to meet the needs of our beloved State and its people. Bless us with right attitudes and strength of character. Show us how to smother the hot embers of ill will, of jealousy and selfishness, which at times burn so fiercely in the minds of humanity. Make of us vehicles of Your gracious and Fatherly 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 was taken up for immediate consideration and accepted.
February 8, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the South Carolina Tax Commission, it is with great pleasure that I extend an invitation to the members of the House of Representatives to attend our 75th Anniversary Celebration on Tuesday, February 20, 1990, at 10:00 A.M.
Created in 1915 by the South Carolina General Assembly, the Tax Commission has a proud heritage of fair and equitable tax administration and excellent service to the taxpayers of our state. As we celebrate our 75th Anniversary, we feel it most appropriate to include those persons who have enabled our success.
Please join us as we pay tribute to the many people who have contributed to our agency, including yourselves, during our 75-year history.
Thank you for considering this invitation.
Sincerely,
S. Hunter Howard, Jr.
Chairman
The following was received and referred to the appropriate committee for consideration.
Document No. 1216
Promulgated By Health and Human Services Finance Commission
Categorically Needy Eligible Groups
Received by Speaker February 13, 1990
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day expiration date June 13, 1990
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
S. 1234 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 18-24, 1990, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.
Whereas, the primary purpose of "Students in Free Enterprise, Incorporated," (SIFE), a nonprofit corporation sponsored by individuals, foundations, and corporations, is to educate college students and their surrounding communities on current economic issues and the American Free Enterprise System; and
Whereas, SIFE is mainly a cadre of students on college and university campuses who serve voluntarily as intelligent and articulate exponents for the organization; and
Whereas, SIFE annually sponsors and conducts outreach educational projects at seminars on the nation's economy and free enterprise system; and
Whereas, the members of the General Assembly feel that the members and sponsors of SIFE certainly deserve recognition for their hard work, devotion, and noble purpose. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, declare the week of March 18-24, 1990, as "Students in Free Enterprise, Incorporated Week", and commend them for their fine work and dedication.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1259 -- Senators Wilson and Lourie: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO HIS EXCELLENCY TADEUSZ MAZOWIECKI ON HIS CONFIRMATION AS PRIME MINISTER OF THE REPUBLIC OF POLAND.
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. 4640 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES.
Referred to Committee on Ways and Means.
H. 4641 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR A SHOOTING PRESERVE OPERATOR'S LICENSE, SO AS TO REVISE THE MANNER IN WHICH THESE FEES ARE DETERMINED; TO AMEND SECTION 50-11-1240, RELATING TO MINIMUM AND MAXIMUM PRESERVE SIZES, SO AS TO EXEMPT SPECIALLY LICENSED FOX, RACCOON, AND RABBIT PRESERVES FROM THE MINIMUM SIZE REQUIREMENTS; TO AMEND SECTION 50-11-1260, RELATING TO HUNTING LICENSES REQUIRED ON SHOOTING PRESERVES, SO AS TO FURTHER PROVIDE FOR WHEN A SPECIAL NONRESIDENT SHOOTING PRESERVE PERMIT MAY BE USED; TO AMEND SECTION 50-11-1270, RELATING TO SPECIES OF GAME WHICH MAY BE TAKEN ON SHOOTING PRESERVES, SO AS TO ADD ADDITIONAL SPECIES; TO AMEND THE 1976 CODE BY ADDING SECTION 50-11-1285 SO AS TO PROVIDE FOR THE MANNER IN WHICH FOXES, RACCOONS, AND RABBITS PURCHASED FOR CERTAIN PRESERVES MAY BE OBTAINED AND POSSESSED, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-11-1290, RELATING TO SHOOTING SEASONS ON PRESERVES, SO AS TO PROVIDE FOR THE HUNTING SEASON FOR CERTAIN SPECIES AND TO PROVIDE THAT GAME MAY NOT BE HARVESTED OUTSIDE OF THE REGULAR GAME ZONE TAKING SEASONS FOR EACH SPECIES; TO AMEND SECTION 50-11-1300, RELATING TO BAG LIMITS ON SHOOTING PRESERVE SPECIES, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS; TO AMEND SECTION 50-11-1390, RELATING TO RECORDKEEPING REQUIREMENTS OF SHOOTING PRESERVE OPERATORS, SO AS TO PROVIDE THAT AGENTS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MUST BE ALLOWED ACCESS TO THE PRESERVE AT ALL TIMES TO INSPECT THE PRESERVE AND ITS RECORDS; TO AMEND SECTION 50-11-1530, RELATING TO CERTAIN SHOOTING PRESERVE PENALTY PROVISIONS, SO AS TO FURTHER PROVIDE FOR THESE PENALTY PROVISIONS; TO AMEND SECTION 50-11-2480, RELATING TO PERSONS NOT REQUIRED TO OBTAIN A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO PROVIDE THAT PERSONS LICENSED AS FOX OR RACCOON PRESERVE OPERATORS ARE NOT REQUIRED TO OBTAIN THESE LICENSES; TO AMEND SECTION 50-11-2560, RELATING TO PENALTIES FOR VIOLATING PROVISIONS OF LAW RELATING TO FUR DEALERS, SO AS TO FURTHER PROVIDE FOR THESE PENALTIES; AND TO REPEAL SECTION 50-11-2580, RELATING TO EXCEPTIONS TO CERTAIN PROVISIONS OF LAW RELATING TO FURS AND FUR DEALERS, AND PROCESSORS.
Referred to Committee on Agriculture and Natural Resources.
H. 4642 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.
Referred to Committee on Agriculture and Natural Resources.
H. 4643 -- Reps. Haskins, Simpson, Klapman and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-160 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS ESTABLISHMENT SELLING GASOLINE OR OTHER MOTOR FUELS AND WHICH POSSESSES A PERMIT TO SELL BEER AND WINE TO SELL REFRIGERATED OR CHILLED BEER AND WINE, TO MAKE IT UNLAWFUL FOR SUCH ESTABLISHMENTS TO SELL FEWER THAN SIX SEPARATE CONTAINERS OF BEER TO ONE CUSTOMER, AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4644 -- Reps. Fair, Beasley and Hayes: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION AND A GUARDIAN AD LITEM FOR A CHILD IN A CHILD ABUSE AND NEGLECT PROCEEDING, SO AS TO PROVIDE FOR THE PROCEEDINGS UNDER WHICH THE GUARDIAN AD LITEM SERVES.
Referred to Committee on Judiciary.
H. 4645 -- Reps. Beasley, Hayes and Fair: A BILL TO AMEND SUBARTICLE 9, ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLEMENTAL BENEFITS TO ASSURE ADOPTION, AND TO ADD SECTIONS 20-7-1955 AND 20-7-1965, SO AS TO PROVIDE FOR MEDICAL SUBSIDIES TO ASSURE ADOPTION, FOR THE ADOPTED CHILDREN WHO MAY RECEIVE PAYMENTS FOR TREATMENT, AND FOR THE CONTINUATION OF SUPPLEMENTAL BENEFITS AND MEDICAL SUBSIDIES; AND TO REPEAL SECTION 43-7-40 RELATING TO MEDICAL BENEFITS FOR ADOPTED CHILDREN.
Referred to Committee on Judiciary.
H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4648 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1108, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4649 -- Rep. Kirsh: A BILL TO AMEND SECTION 61-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTED EMPLOYMENT AND ACTIVITIES OF MEMBERS OF THE ALCOHOLIC BEVERAGE COMMISSION, SO AS TO PROVIDE THAT NO MEMBER OF THE COMMISSION MAY HOLD ANY OTHER POSITION OF TRUST OR PROFIT AND REQUIRE THAT A MEMBER OF THE COMMISSION SHALL DEVOTE HIS ENTIRE TIME TO THE DUTIES OF THE OFFICE; AND PROVIDE THAT THE AMENDMENT TO THIS SECTION APPLIES TO COMMISSIONERS APPOINTED AFTER JULY 1, 1990.
Referred to Committee on Labor, Commerce and Industry.
H. 4650 -- Reps. Hayes, Fair and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9 TO ARTICLE 13, CHAPTER 7, TITLE 20 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE AND FOR PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4651 -- Reps. Hayes, Fair and Beasley: A BILL TO AMEND SECTION 20-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH THE ABANDONMENT OF A CHILD CAUSES HARM TO A CHILD'S HEALTH OR WELFARE.
Referred to Committee on Judiciary.
H. 4652 -- Reps. J. Rogers and Beasley: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE SUCCESS OF THE SOUTH CAROLINA MINING ACT ON THE PROTECTION AND RESTORATION OF LANDS AND WATERS INVOLVED IN MINING IN THIS STATE AND PROVIDE A MORATORIUM ON THE ISSUANCE OF OPERATING PERMITS UNDER THAT ACT UNTIL THE STUDY CAN BE COMPLETED, BUT NOT LATER THAN JANUARY 1, 1991.
Rep. J. ROGERS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. T.M. BURRISS objected.
Referred to Committee on Agriculture and Natural Resources.
H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4654 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS WITHIN WHICH MEDICAL TREATMENT AND SUPPLIES MUST BE FURNISHED TO AN EMPLOYEE UNDER WORKERS' COMPENSATION LAWS AND THE REFUSAL BY THE EMPLOYEE TO ACCEPT THE TREATMENT, SO AS TO FURTHER PROVIDE FOR THE PERSONS AUTHORIZED TO FURNISH THIS TREATMENT, AND THE CONDITIONS OF AND THE PROCEDURES FOR THE FURNISHING OF THIS TREATMENT; AND TO AMEND SECTION 42-15-70, RELATING TO THE LIABILITY OF AN EMPLOYER FOR THE MEDICAL TREATMENT PROVIDED, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY AND FOR THE CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR THE CHARGES FOR THE MEDICAL SERVICES OR TREATMENT PROVIDED.
Referred to Committee on Labor, Commerce and Industry.
H. 4655 -- Reps. Keesley, Burch, J.W. Johnson, Huff and Hodges: A BILL TO AMEND SECTION 20-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL REPRESENTATION IN CHILD ABUSE AND NEGLECT PROCEEDINGS, SO AS TO PROVIDE THAT THE INTERESTS OF THE STATE AND THE LOCAL CHILD PROTECTIVE SERVICES AGENCY MUST BE REPRESENTED BY THE LEGAL REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN BY THE CIRCUIT SOLICITOR OR HIS REPRESENTATIVE; AND TO AMEND SECTION 20-7-650, RELATING TO INTERVENTION BY CHILD WELFARE AGENCIES AND DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY, SO AS TO DELETE REFERENCE TO THE CIRCUIT SOLICITOR WITH RESPECT TO THE COOPERATION THE AGENCY IS MANDATED TO PROVIDE.
Referred to Committee on Judiciary.
H. 4656 -- Rep. Blanding: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.
On motion of Rep. BLANDING, with unanimous consent, it was ordered placed on the Calendar without reference.
H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.
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, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Clyborne Cole Corbett Cork Corning Davenport Derrick Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harrison Haskins Hayes Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Stoddard Sturkie Taylor Townsend Vaughn Waites Waldrop Wells White Wilder Wilkes Wilkins Williams, D. Winstead Wofford
I came in after the roll call and was present for the Session on February 14, 1990.
Larry Gentry B. Hicks Harwell Paul M. Burch Dick Elliott D.N. Holt, Jr. Thomas Huff Grady Brown Olin R. Phillips Woody McKay C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. WRIGHT a temporary leave of absence.
The SPEAKER granted Rep. FABER a leave of absence for the day.
Rep. BLANDING signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 13.
Rep. WINSTEAD moved that the House do now adjourn, which was adopted.
At 10:25 A.M. the House in accordance with the motion of Rep. WINSTEAD adjourned to meet at 10:00 A.M. tomorrow.
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