South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

TUESDAY, FEBRUARY 20, 1990

Tuesday, February 20, 1990
(Statewide Session)

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:

O God of glory and goodness, we are grateful for the reawakening of nature's beauty seen all around. We thank You for the loveliness of forms and colors in the budding flowers, and for the light of Your Word shining along our daily paths. Forbid that we should walk in the gardens of loveliness with eyes that do not see and with hearts that do not sing. Enable us to go forward with fortitude, honoring in the present all that is precious from the past, and keeping bright the promises of the future. Put a seal upon our lips that no bitter words be spoken to wound. Keep us from unfair judgments and careless criticism. Forgive our littleness of faith and for our lack of courage that keeps us from doing our best.

Thank You, Lord, for this privilege of prayer.

Amen.

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

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

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

January 22, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On Thursday, March 1, 1990 the South Carolina School for the Deaf and the Blind Board of Commissioners is planning a buffet luncheon in Columbia and is inviting members of the House of Representatives, members of the Senate and other friends of the School to attend. The luncheon will be held in Room 208 in the Blatt Building from 11:00 A.M. until 2:00 P.M.

We would appreciate it very much if you would announce this in the House of Representatives Invitations Calendar.

Sincerely,
C. Paul Manly, Director
Administrative Services

December 13, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This is to confirm that the I-85 Chamber Group has reserved the luncheon time on Tuesday, March 6, 1990 for a reception/luncheon on the south lawn of the State House.

If there is anything further that I need to do at this time, please let me know. I will be in touch as we begin our planning for the event.

Sincerely,
Vicki Clark
Vice President
Governmental Affairs

May 1, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

Confirming our telephone conversation today, you have reserved Tuesday, March 6, 1990, on the House Calendar for the Legislative Appreciation Dinner to be held by The Electric Cooperatives of South Carolina, Inc.

This event will be held at the Radisson Hotel beginning with a social hour at 6:00 P.M. and dinner at 7:00 P.M. Members and Staff.

Thank you for your attention to this matter.

Sincerely,
Janet E. Gerhart
Government Relations Department

October 19, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

It would be greatly appreciated if you would extend an invitation to members of the South Carolina House to attend a coffee reception Wednesday, March 7, 1990 from 9:00 A.M. until 11:00 A.M. in the downstairs lobby of the State House. This reception, which has been approved by the Director of General Services, will be hosted by the Coalition of Law Enforcement and Correctional Associations (COLECA).

We truly appreciate your help and look forward to seeing you at the event.

Very sincerely,
Ernie Nunnery

September 6, 1989
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 Association of Realtors, we would like to invite the members of the House and their spouses to our annual "Capitol Conference". The luncheon reception is scheduled to be held on Wednesday, March 7, 1990 at the Radisson Hotel immediately after you recess for lunch.

We look forward to having the members of the House and their guests with us on March 7.

Sincerely,
Richard F. Davis
Executive Vice President

September 7, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the DuPont Company, I want to formally invite you, your fellow representatives, your spouses and all the House clerks and attaches to our annual reception on Wednesday, March 7, 1990. The reception will be held at the Marriott Hotel in Columbia from 6:00 to 8:00 P.M.

The reception, which is sponsored by our manufacturing facilities in Florence, Berkeley and Kershaw counties and our Jet/Kayo motor fuel/convenience store outlets, has always been a good forum for letting our managers meet members of the General Assembly and improve our working relationship. We look forward to another good turnout in March.

As in the past, we certify that the DuPont Company does not discriminate against race, religions, color, sexes or national origins nor does the Marriott Hotel discriminate against similar groups. I look forward to a favorable action on our invitation by your Committee.

Sincerely
W.B. Clark
External Affairs Manager

June 8, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The S.C. Textile Manufacturers Association Plant Managers' Division will hold their 1990 Annual Meeting March 8 - 10 at The Hyatt Hotel in Hilton Head Island, S.C. The Division invites all members and their spouses/guests of the House to be their special guests during the meeting. SCTMA and The Hyatt Hotel will host all members of the General Assembly Thursday and Friday evenings. In addition to complimentary rooms, several social functions will be included in the weekend activities. We would appreciate your confirming this date on the House calendar.

Kindest regards.

Sincerely,
John G. Beasley
Executive Vice President

March 23, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter is to confirm your conversation with Ms. Adele Palmieri of my office this morning.

The County Directors and Supervisors Association of the South Carolina Department of Social Services respectfully requests that you place an invitation to our annual legislature reception on the calendar for the evening of Tuesday, March 13, 1990, from 6:00 P.M. until 8:00 P.M., to be held at the Radisson Hotel of Columbia.

We are pleased to be able to host such an occasion and thank you for affording us the opportunity to meet and talk with our elected representatives from all over this great state.

Sincerely,
Chester J. Tomson, Jr.
President

February 14, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Board of Visitors of Clemson University will host its annual Governmental Appreciation Reception for members of the General Assembly of the State of South Carolina on Tuesday, March 13, 1990, in Columbia.

On behalf of Chairman John G. Chapman and the full membership of the Clemson Board of Visitors, I wish to invite the members of the South Carolina House of Representatives, their spouses or guests, and staff members to this event.

The reception will be held at the Radisson Hotel Columbia at 937 Assembly Street from 8-10 P.M. We look forward to having the membership of the House with us.

Sincerely,
John L. Allen
Assistant Vice President

February 7, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina State Firemen's Association cordially invites the members of the South Carolina House of Representatives to a "State Fire Caucus Kick-off Luncheon" to be held 12:30 - 2:30 P.M., Wednesday, March 14, 1990 on the campus of the South Carolina Fire Academy, West Columbia.

Transportation will be provided by Greyhound Bus Service and will depart the Capitol at approximately 12:30 P.M.

Return to the State House will be at the convenience of the member and provided by individual vehicles.

The South Carolina State Firemen's Association appreciates the dedication exhibited daily by the lawmakers of our State and believes the State Fire Caucus can provide information and resources to support those efforts.

Sincerely,
Robert W. Colvin
Executive Director

September 18, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This is to confirm the invitation of the South Carolina Association of Regional Councils to the members of the House of Representatives to attend a Legislative Appreciation Reception to be held:

Wednesday, March 14, 1990

6:00 P.M. - 8:00 P.M.

Capitol City Club, Salon A

25th Floor, AT&T Tower

Thank you for including this invitation on the calendar. We will be looking forward to seeing you in March.

Sincerely,
Sidney F. Thomas, Jr.
Staff Consultant

July 12, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Chapter of the National Association of Social Workers would like to invite the members of the South Carolina House of Representatives to a legislative reception in their honor on Wednesday, March 14, 1990 from 8:00 P.M. to 10:00 P.M. at The Radisson Hotel, 937 Assembly Street, Columbia, South Carolina.

It has been a pleasure for our members to work with the House of Representatives on a number of issues which affect the quality of life for South Carolinians. We look forward to continuing this relationship and are pleased to host this reception for the members of the House of Representatives on March 14, 1990.

Sincerely,
Marjorie Brittain Hammock, LISW, ACSW
President

November 28, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

South Carolina Women Involved in Farm Economics (WIFE) would like to invite the members of the House of Representatives to a finger food breakfast on Thursday, March 15, 1990 from 8:00 to 10:00 A.M. We would like permission to serve this on the ground level lobby of the State House.

Yours truly,
Polly Marsh, President

April 27, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the Independent Consumer Finance Association of South Carolina, we would like to invite the members of the South Carolina House to a reception on Tuesday, March 20, 1990, between the hours of 6:00 P.M. and 8:00 P.M. at The Town House on Gervais Street in Columbia, South Carolina.

We would appreciate you and the members of the Senate accepting this invitation.

Sincerely,
G. Elton Todd

October 19, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The National Guard Association of South Carolina extends a most cordial invitation to the members of the South Carolina House of Representatives to our 12th Annual Legislative Reception from 8:00 P.M. to 10:00 P.M. on Tuesday, March 20, 1990 at the National Guard Armory, 1225 Bluff Road, Columbia, South Carolina.

Please present this invitation to the House Invitations and Memorial Resolutions Committee. As always, the National Guard Association is looking forward with a great deal of pleasure to hosting the members of the General Assembly.

Sincerely,
William H. Shackelford
COL (Ret), SCARNG
Executive Director

February 20, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The House and Senate members are cordially invited to attend a legislative luncheon at 12:30 P.M., Wednesday, March 21, 1990, at the Columbia Marriott. The annual Senior's Legislative Day participants would like to discuss their concerns with their representatives.

The Senior Citizens' Coalition will also be announcing the "1990 Legislator of the Year." All members should respond to Beth Mitchell, Joint Legislative Committee on Aging, at 734-2995 before March 16.

South Carolina Federation of Older Americans look forward to seeing you!

Sincerely,
Herman Allen, Chairman
Senior's Legislative
Day Planning Committee

April 10, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter will confirm my telephone conversation of April 7, 1989, with Ms. Catherine Jeter, regarding the South Carolina Medical Association's Legislative Reception on Wednesday, March 21, 1990 from 6:30 P.M. to 9:00 P.M. at the Capital City Club being put on the calendar.

Ms. Jeter also indicated that the SCMA was the first on the calendar for that date.

Thank you and Ms. Jeter for your assistance in this matter, and if you need additional information, please give me a call.

Sincerely,
Patricia Healy
Executive Secretary

May 8, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Municipal Association of South Carolina will hold its 16th Annual Winter Meeting and Legislative Conference on March 28 and 29, 1990, in Columbia.

We would like to extend an invitation to members of the House and their spouses to be our guests at a reception on Wednesday, March 28th from 6:30 P.M. to 8:00 P.M., at the Radisson Hotel. We will let you know at a later date the location of the reception.

With best wishes.

Sincerely,
J. McDonald Wray
Executive Director

REGULATIONS RECEIVED

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

Document No. 1187
Promulgated By Licensing Board for Contractors
Examinations, Classifications, Limitation Groups
Received by Speaker February 16, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date June 16, 1990

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1106
Promulgated By Public Service Commission of South Carolina
Sewerage Utilities
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted February 20, 1990
Revised expiration date March 8, 1990

Document No. 1107
Promulgated By Public Service Commission of South Carolina
Water Utilities
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted February 20, 1990
Revised expiration date March 8, 1990

REPORTS OF STANDING COMMITTEE

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:

H. 4682 -- Rep. Fair: A HOUSE RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) TO USE THE HOUSE CHAMBER AND THE COMMITTEE HEARING ROOM(S) IN THE BLATT BUILDING ON THURSDAY, NOVEMBER 29, 1990 AND FRIDAY, NOVEMBER 30, 1990 TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-two states have successful Youth in Government programs allowing young people to participate in model legislative programs sponsored by the Young Men's Christian Association (YMCA); and

Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and governmental affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the YMCA's Youth in Government program is to encourage youth to develop enthusiasm for and appreciation of government and community affairs. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives authorize the YMCA to use the House Chamber and committee hearing room(s) in the Blatt Building on Thursday, November 29, 1990 and Friday, November 30, 1990 from 8:30 a.m. to 5:00 p.m. to conduct a Youth in Government Program. No charge may be imposed for the use of the chamber or hearing room(s) by the YMCA for this purpose.

Be it further resolved that the Clerk's office provide supervision, assistance, and access as necessary for this meeting in accordance with applicable procedures.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:

S. 1274 -- Senators Nell W. Smith, Waddell, Lindsay, Saleeby, Holland, Lourie, McLeod, J. Verne Smith, Moore, Land, Horace C. Smith, Setzler, Bryan, Stilwell, Shealy, Martschink, Hayes, Pope, Russell, Hinson, McGill, Leventis, Long, Gilbert, Courson, O'Dell, Thomas, Wilson, Rose, Giese, Passailaigue, Fielding, Matthews, Macaulay, McConnell, Mullinax and Helmly: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 7, 1990, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Whereas, thirty percent of the population of South Carolina is children; and

Whereas, the children of South Carolina are our most precious resource and our greatest hope for the future; and

Whereas, the children of South Carolina deserve our most concerted efforts on their behalf to enrich lives and provide better opportunities for their future; and

Whereas, the children of South Carolina are our most vulnerable citizens and are reliant on adults and adult systems for their care and well-being and recognition of their needs; and

Whereas, a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to the children and to the future of South Carolina. Now, therefore,

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

That the week beginning October 7, 1990, is designated "South Carolina Children's Week and Governor Carroll A. Campbell is requested to call upon the people of this State to observe the week with appropriate ceremonies and activities.

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

INTRODUCTION OF BILLS

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

H. 4683 -- Reps. M.O. Alexander, Blackwell, T.C. Alexander and Klapman: A BILL TO ESTABLISH THE COMMITTEE ON DONATIONS OF BLOOD AND BODILY ORGANS AND TISSUE.

Referred to Committee on Rules.

H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.

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

H. 4685 -- Rep. Wilder: A BILL TO AMEND ACT 501 OF 1971, AS AMENDED, RELATING TO VOCATIONAL EDUCATION IN BARNWELL COUNTY, SO AS TO CHANGE THE MEMBERSHIP OF THE VOCATIONAL EDUCATION SCHOOL BOARD.

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

H. 4686 -- Rep. Huff: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SERTOMA CLUB OF NORTH AUGUSTA, SOUTH CAROLINA IN AIKEN COUNTY.

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

H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

Referred to Committee on Judiciary.

H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.

On motion of Rep. J. WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

S. 821 -- Senators Passailaigue and Waddell: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO CONTINUING EDUCATION, GRADUATE DEGREE CREDIT, EXAMINATIONS, RENEWAL OF CERTIFICATE, ROSTER OF REGISTRANTS, SCHEDULE OF FEES, AND REINSTATEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1119, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 925 -- Senator Pope: A BILL TO AMEND CHAPTER 15, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-15-615 SO AS TO PROVIDE THAT INDIVIDUALS, CORPORATIONS, PARTNERSHIPS, OR OTHER BUSINESS ENTITIES SHALL NOT BE REQUIRED TO BE REPRESENTED BY AN ATTORNEY IN A PROCEEDING BEFORE THE SOUTH CAROLINA OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD.

Referred to Committee on Judiciary.

S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.

Referred to Committee on Labor, Commerce and Industry.

S. 1178 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.

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

S. 1191 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.

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

S. 1253 -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-425 SO AS TO PROVIDE FOR THE REGULATION OF A PHARMACY LOCATED OUTSIDE THIS STATE WHOSE PRIMARY BUSINESS IS MAIL ORDER PRESCRIPTION SERVICE.

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

S. 1256 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE BOARD OF COSMETOLOGY, RELATING TO LICENSURE AND OPERATION OF COSMETOLOGY, MANICURE AND ESTHETICS SALONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1257 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA 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.

Referred to Committee on Labor, Commerce and Industry.

S. 1260 -- Senator Macaulay: A BILL TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Corbett                Cork
Derrick                Elliott                Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Gordon
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Keesley
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 20, 1990.

Juanita White                     Rick Quinn
Paul M. Burch                     Roland S. Corning
Derham Cole                       James C. Johnson
Harriet Keyserling                Steve Lanford
C. Lenoir Sturkie                 Robert A. Barber
Larry Gentry
Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. DAVENPORT a leave of absence for the day due to illness.

The SPEAKER granted Rep. BARBER a temporary leave of absence for the day.

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

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

DOCTOR OF THE DAY

Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4662 -- Reps. Harvin and McLeod: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND THE MEMBERSHIP OF ITS GOVERNING BOARD, SO AS TO DELETE THE PROVISION THAT THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL HAS NO VOTING PRIVILEGES.

H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.

H. 4664--DEBATE ADJOURNED

Rep. MOSS moved to adjourn debate upon the following Bill until Wednesday, February 21, which was adopted.

H. 4664 -- Reps. Phillips and Moss: A BILL TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.

S. 233--DEBATE ADJOURNED

Rep. RUDNICK moved to adjourn debate upon the following Bill until Wednesday, February 21, which was adopted.

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.

H. 4276--OBJECTIONS

The following Bill was taken up.

H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.

Reps. CARNELL and McABEE proposed the following Amendment No. 1 (Doc. No. 0455X), which was tabled.

Amend the bill, as and if amended, Section 2, by striking Section 56-3-1420 and inserting:

/Section 56-3-1420.     Each member of a state board or commission, a county coroner, or a former member of the General Assembly who has a special license plate designating his board or commission membership or former office shall return the special license plate to the department upon the expiration of his term of office. If a portion of the registration period for the special license plate remains when the plate is returned to the department the holder must receive a prorata reduction in the registration fee for a replacement plate./

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. ALTMAN spoke against the amendment.

Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 37 to 23.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0720o).

Amend the bill, as and if amended, in Section 56-3-1420 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /office/ on line 43 of page 2 the following /if he ceases to be a member of that board or commission. He shall then qualify to receive a license plate designating his retired status in the manner authorized by Article 45 of this chapter./

Amend the bill further, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ____.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 45
Special License Plates -- Retired Members

Section 56-3-4510.     The Department of Highways and Public Transportation may issue a special motor vehicle license plate to a retired member of the General Assembly, a retired member of the Highways and Public Transportation Commission, or a retired member of a state board, commission, or committee who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee, and only one plate may be issued to a person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010.

Section 56-3-4520.     The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with words appropriate to the office the applicant retired from together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.

Section 56-3-4530.     A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for a person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.

Section 56-3-4540.     The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. A person violating the provisions of this article or a person who: (1) fraudulently gives false or fictitious information in an application for a special license plate, as authorized in this article, (2) conceals a material fact, or (3) otherwise commits fraud in the application or in the use of a special license plate issued under this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. ALTMAN spoke against the amendment.

Reps. HENDRICKS, SIMPSON and KLAPMAN objected to the Bill.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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.

H. 4556 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE MILES S. EPLING OF WEST VIRGINIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990.

H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.

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