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

TUESDAY, FEBRUARY 27, 1990

Tuesday, February 27, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by Rabbi Edward M. Friedman of Synagogue Emanuel in Charleston:

The second century sage, Rabbi Yochanan HaSandlar, taught, "Kol Kenesia she-hee l'sheim shamayim, sofah l'hitkayeim, Every assembly whose purpose is to serve God will in the end be established; v'she-einah l'sheim shamayim, ein sofah l'hitkayeim, but every assembly whose purpose is not for God's sake will not in the end be established."

Heavenly Father, we gather together this day as this assembly convenes once again, representing the people of South Carolina. These, our representatives, gather in the hope of fulfilling the expectations of those who have sent them to this assembly as well as in the hope of living up to their responsibilities as servants of the Almighty. Help them, O Lord, to do what is right, just, and equitable. Grant them wisdom to deal knowledgeably and intelligently with the issues before them. Guide them in the decisions they must make and strengthen them to do Your will.

Father of all people, unite us all to serve You and to reach out in love to help one another as we continue our task of rebuilding our communities and restoring the beauty of our state. Grant us patience and understanding, help us to understand the needs of others even as we wish that they understand our needs. Show us how to be more caring and concerned for our neighbors just as we hope for their caring concern for us as well. Let us strive to fulfill the commandment in Leviticus, "Love your neighbor as yourself; I am the Lord," recognizing that only when we love our neighbors and show it through our actions, do we demonstrate our true belief in God, only them does God say, "I am the Lord."

Bless us our Father, all of us together , in the light of Your presence. Grant blessing, goodness, compassion, and peace to all people. May this assembly long endure as an assembly devoted to fulfilling Your will: bringing peace, understanding, and brotherhood, to all the diverse people who make up this state.

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.

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 1101
Promulgated By Board of Podiatry Examiners
Fees
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn and resubmitted February 23, 1990
NEW EXPIRATION DATE: March 15, 1990

Document No. 1115
Promulgated By Budget and Control Board (State Fire Commission)
Child and Adult Day Care Facilities
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn and resubmitted February 23, 1990
NEW EXPIRATION DATE: March 15, 1990

Document No. 1191
Promulgated By Real Estate Commission
Application Fees
Licenses and License Fees
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and Resubmitted February 26, 1990
Revised expiration date June 2, 1990

Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Referred to House Committee on Judiciary
Withdrawn and Resubmitted February 27, 1990
120 day expiration date May 23, 1990

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S.353:

S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 536--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., February 22, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 536:

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.
Very respectfully,
President

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

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

REPORTS OF STANDING COMMITTEE

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

H. 3100 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

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

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

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4727 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-17-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHAD, SO AS TO PROVIDE THAT WHITE OR HICKORY SHAD MAY BE TAKEN ALL YEAR WITH HOOK AND LINE FOR NONCOMMERCIAL PURPOSES.

Referred to Committee on Agriculture and Natural Resources.

H. 4728 -- Rep. Kirsh: A BILL TO AMEND ACT 148 OF 1989, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE REFORM ACT OF 1989, SO AS TO DECREASE THE PER DIEM FINE FROM FIVE DOLLARS TO ONE DOLLAR AND THE TOTAL FINE FROM A MAXIMUM OF TWO HUNDRED TO THIRTY DOLLARS FOR A FIRST OFFENSE FOR A LAPSE IN AUTOMOBILE LIABILITY INSURANCE COVERAGE, AND PROVIDE THAT THIS FINE BE REMITTED TO THE REINSURANCE FACILITY INSTEAD OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND MUST BE INCLUDED IN THE DETERMINATION OF THE RECOUPMENT FEE.

Referred to Committee on Labor, Commerce and Industry.

H. 4729 -- Rep. Gentry: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALARIES OF PROBATE JUDGES, SO AS TO PROVIDE THAT THE ANNUAL COST OF LIVING INCREASE OF A PROBATE JUDGE OF A COUNTY MUST EITHER BE THE COST OF LIVING INCREASE GIVEN TO STATE EMPLOYEES IN THE PREVIOUS FISCAL YEAR OR THE INCREASE PROVIDED TO EMPLOYEES OF THAT COUNTY DURING THE CURRENT YEAR, WHICHEVER IS GREATER.

Referred to Committee on Judiciary.

H. 4730 -- Rep. J. Bailey: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF Charlestown NEIGHBORHOOD ASSOCIATION.

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

H. 4731 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SALONS OF COSMETOLOGY, MANICURE, AND ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4732 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO SANITARY STANDARDS, APPROVED PROCEDURES OF DENTAL ASSISTANTS, APPROVED PROCEDURES OF EXPANDED DUTY DENTAL ASSISTANTS, APPROVED PROCEDURES FOR LICENSED DENTAL HYGIENISTS, DENTAL RADIOGRAPHY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4736 -- Reps. Washington, Hallman, Mappus, Holt, Winstead and J. Bailey: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWERAGE, AND WASTE DISPOSALS BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR THE LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF INSTALLING OR SERVICING SEPTIC TANKS, TO REQUIRE THESE PERSONS TO MAINTAIN CERTAIN RECORDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4737 -- Rep. R. Brown: A BILL TO AMEND SECTION 56-3-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSE FEES FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT FOR A PERSON SIXTY-FIVE YEARS OF AGE THE ANNUAL REGISTRATION FEE FOR A PROPERTY-CARRYING VEHICLE WITH A GROSS WEIGHT OF FIVE THOUSAND POUNDS OR LESS IS TEN DOLLARS INSTEAD OF FIFTEEN DOLLARS.

Referred to Committee on Education and Public Works.

H. 4739 -- Reps. Rama and Haskins: A BILL TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUBMIT DESIGN CHANGES FOR MOTOR VEHICLE LICENSE PLATES TO THE SENATE COMMITTEE ON TRANSPORTATION AND TO THE COMMITTEE ON EDUCATION AND PUBLIC WORKS OF THE HOUSE OF REPRESENTATIVES, AND TO PROVIDE THAT THE DESIGN CHANGES MAY NOT BE IMPLEMENTED UNLESS FIRST APPROVED BY THESE COMMITTEES AND BY BOTH HOUSES OF THE GENERAL ASSEMBLY BY JOINT RESOLUTION.

Referred to Committee on Education and Public Works.

S. 961 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-240 SO AS TO REQUIRE BAIL BOND MONEY TO BE DEPOSITED IN INTEREST-BEARING ACCOUNTS, TO PROVIDE THAT THE INTEREST ON THESE ACCOUNTS IS PUBLIC FUNDS, TO PROVIDE FOR THE DISTRIBUTION OF THE INTEREST, AND TO AUTHORIZE SOUTH CAROLINA COURT ADMINISTRATION TO PRESCRIBE PROCEDURES FOR HANDLING AND ACCOUNTING FOR BAIL BOND INTEREST.

Referred to Committee on Judiciary.

S. 1198 -- Senators Setzler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.

Referred to Committee on Education and Public Works.

S. 1268 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 SO AS TO REGULATE MINING; AND TO REPEAL CHAPTER 19, TITLE 48, THE SOUTH CAROLINA MINING ACT.

Referred to Committee on Agriculture and Natural Resources.

CONCURRENT RESOLUTION

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

H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4735 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 30 - MAY 5, 1990, AS "NEWBERRY COUNTY JUNIOR MISS PAGEANT WEEK" IN NEWBERRY COUNTY.

Whereas, the members of the General Assembly note with pleasure that the Newberry County Junior Miss Pageant will be held the week of April 30 - May 5, 1990; and

Whereas, the pageant is the culmination of months and years of hard work by the sponsors and participants, and this year is the tenth anniversary of the Pageant; and

Whereas, Newberry County Junior Miss Pageant participants are judged in the categories of talent, scholarship, physical fitness, personal appearance, and interview; and

Whereas, the young ladies who vie for the title of 1990 Newberry County Junior Miss have worked diligently with patience and good humor to hone their talents and skills; and

Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the title of 1990 Newberry County Junior Miss, and to publicly recognize this outstanding pageant and its talented contestants. Now, therefore,

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

That the week of April 30 - May 5, 1990, is proclaimed 1990 Newberry County Junior Miss Pageant Week and the people of Newberry County are called upon to celebrate the week with appropriate observances.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4738 -- Reps. Stoddard and M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY SENIOR ATHLETE CHRIS PATTON OF FOUNTAIN INN FOR REACHING THE PINNACLE OF AMATEUR GOLF BY CAPTURING THE UNITED STATES AMATEUR CHAMPIONSHIP IN AUGUST OF 1989.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1327 -- Senators Helmly and Rose: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.

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

Rep. WRIGHT moved that when the House adjourns it adjourn in memory of Johnnie W. Looney, Sr., civic leader and former mayor of Irmo, which was agreed to.

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, T.M.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Davenport
Faber                  Fant                   Farr
Felder                 Foster                 Gentry
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hendricks              Hodges                 Holt
Jaskwhich              Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Kohn
Lanford                Limehouse              Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
Wilder                 Wilkes                 Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 27, 1990.

Paul Derrick                      Robert O. Kay
Robert Hayes, Jr.                 Mickey Burriss
Jennings McAbee                   Roland S. Corning
James C. Johnson                  Paul M. Burch
Robert Barber                     Joseph T. McElveen, Jr.
Tee Ferguson                      David H. Wilkins
Mike Fair                         Dick Elliott
Rick Quinn                        Thomas E. Huff
Alex Harvin                       John B. Williams
Larry Koon                        Marion Carnell
Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. Vincent Dagenhart of Columbia is the Doctor of the Day for the General Assembly.

RETURNED TO THE SENATE WITH AMENDMENT

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

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. 3878--DEBATE ADJOURNED

Rep. KEESLEY moved to adjourn debate upon the following Bill until Tuesday, March 6, which was adopted.

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

SENT TO THE SENATE

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

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.

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.

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.

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.

H. 3780 -- Reps. Corbett, Elliott, Hearn, Manly, Felder, Keegan, McBride, Ferguson, Littlejohn, Baxley, M.O. Alexander, Haskins, Davenport, Wells, McKay, Neilson, Phillips, McGinnis, Baker, Moss, J. Brown, G. Bailey, Wright, Lanford, Huff, R. Brown, Waites, Wofford, Vaughn, J.C. Johnson, J. Rogers and Farr: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATIONS FOR A MOTOR VEHICLE DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO MAKE IT UNLAWFUL FOR A PERSON KNOWINGLY TO ALLOW HIS PERSONAL IDENTIFICATION DOCUMENTS TO BE USED BY ANOTHER FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-512, SO AS TO REQUIRE THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING SECTION 56-1-510 TO BE SUSPENDED FOR SIX MONTHS AND TO REQUIRE CONVICTIONS TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

H. 4484--DEBATE ADJOURNED

Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, March 6, which was adopted.

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.

S. 627--DEBATE ADJOURNED

The following Bill was taken up.

S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 07070).

Amend the bill, as and if amended, by striking Section 59-1-400(A), as contained in SECTION 1, beginning on page 1, and inserting:

/(A)     All full-time employees of public schools shall accrue sick leave on the basis of one and one-fourth days of sick leave for each month of active service or twelve days for nine months of active service. Sick leave which is accrued but not used may be accumulated up to ninety days provided that if the employees do not violate their respective contracts. Provisions for the additional benefits provided for in the South Carolina Education Improvement Act of 1984 this section must be made on the same basis as existing sick leave benefits.

A school employee using sick leave as provided for in this section the South Carolina Education Improvement Act of 1984 must may not be terminated from employment nor shall any such employee be terminated during a continuing sick leave of less than ninety-one days.

The provisions of the this section South Carolina Education Improvement Act of 1984 do not apply to employees of a school district which provides more liberal sick leave benefits. Any benefits accrued under school district sick leave policies in effect prior to July 1, 1976, are not lost as a result of passage of the South Carolina Education Improvement Act of 1984 this section.

Sick leave accumulated in compliance with the this section South Carolina Education Improvement Act of 1984 is transferable to any school district in the State or to the State Department of Education by the employee with the earned leave."/

Amend further by striking SECTION 2 and inserting:

/SECTION 2.     An amount of sick leave not to exceed sixty days lost by a State Department of Education employee as a result of changing employment from a school district to the State Department of Education is restored if the employee was employed by the State Department of Education after June 28, 1984, and remains so is employed on the effective date of this act.

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

Amend title to conform.

Renumber sections to conform.

Rep. TOWNSEND explained the amendment and moved to adjourn debate upon the Bill until Wednesday, February 28, which was adopted.

H. 3481--DEBATE ADJOURNED

Rep. KEYSERLING moved to adjourn debate upon the following Bill until Wednesday, February 28, which was adopted.

H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.

ORDERED TO THIRD READING

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

H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.

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

Rep. MOSS explained the Bill.

H. 4293 -- Rep. Davenport: A BILL TO AMEND SECTION 23-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO SAFETY GLAZING MATERIALS, SO AS TO CHANGE THE DEFINITION OF HAZARDOUS LOCATIONS AS THEY RELATE TO GLAZING OF GLASS OR RIGID PLASTIC.

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

Rep. R. BROWN explained the Bill.

S. 1080--DEBATE ADJOURNED

The following Bill was taken up.

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0642X).

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

/SECTION     1.     Section 24-3-130 of the 1976 Code is amended to read:

"Section 24-3-130.     (A)     The State Board of Corrections may permit the use of convict prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the convicts inmates employed therein on the projects and the public. The State Highway Commission and Department of Highways and Public Transportation, other agencies of the State charged with the another state agency, or a county, municipality or public service district making of any a beneficial public improvement for the benefit of the State may apply to the board for such convict the use of inmate labor as in their judgment could be used to advantage in any such on the highway project or other public improvement or development project. If in the judgment of the board determines the such labor can with safety be devoted to any such may be performed with safety and the project is beneficial to the public it may assign inmates to labor on the highway project or other public purpose project the board may devote such labor to such public use. In all such work the The inmate labor force so employed shall must be under the supervised and controlled by officers appointed and designated by the board but the direction of such the work on any such performed on the highway project or other public improvement project shall must be under the control and supervision of the person designated by the agency, county, municipality or public service district charged with the duty of performing such responsible for the work or making such improvement.

(B)     The authorities herein designated to let such labor and to use it involved may make such contract enter into contracts to implement the provisions of this section with respect thereto as they may mutually determine upon.

(C)     Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels."

Amend title to conform.

Rep. CHAMBLEE explained the amendment and moved to adjourn debate upon the Bill until Wednesday, February 28, which was adopted.

H. 3412--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3412 -- Reps. Harvin, Cork, G. Bailey, Kohn, Huff, Taylor, McLeod, M.O. Alexander, Derrick, Limehouse, T.C. Alexander, L. Martin, Neilson and T.M.Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-25 SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE INSURANCE COMMISSION, EX OFFICIO; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE BANKING AND INSURANCE COMMITTEE OF THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF THE REINSURANCE FACILITY, EX OFFICIO; AND TO AMEND SECTIONS 13-3-40 AND 40-57-50, RELATING TO THE REAL ESTATE COMMISSION OF SOUTH CAROLINA AND THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT THE CHAIRMEN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OR THEIR DESIGNEES ARE MEMBERS OF BOTH AGENCIES, EX OFFICIO.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0533X), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. KOHN explained the amendment.

The amendment was then adopted.

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

H. 3935--DEBATE ADJOURNED

The following Bill was taken up.

H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.

Rep. KOHN explained the Bill and moved to adjourn debate upon the Bill until Wednesday, February 28, which was adopted.

S. 443--OBJECTIONS

The following Bill was taken up.

S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.

POINT OF ORDER

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

Rep. M.O. ALEXANDER explained the Bill.

Reps. TAYLOR, FABER and K. BAILEY objected to the Bill.

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

SILENT PRAYER

On motion of Rep. WILDER, the House stood in silent prayer in memory of the late Speaker Emeritus Solomon Blatt.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Johnnie W. Looney, Sr. civic leader and former mayor of Irmo, to meet at 10:00 A.M. tomorrow.

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