Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Reverend Wayne Key of Mt. Bethel Baptist Church in Belton:

Dear Heavenly Father, we thank You for Your blessings upon us, for this beautiful day that You have given us. We thank You for the freedoms that we enjoy as Americans and as Christians. We thank You for Your love, that allowed You to send Your Son to die that we might be saved. We thank You that we might put our faith in You. We thank You for the freedom to vote and make our opinions heard. We pray for our House of Representatives as they make decisions. May You bless our State and our Nation. We thank You for our faith, for our families, for our friends. May we love each other as You so richly love us. These things we ask in the name of Jesus our Lord and Savior. 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 introduced:

H. 4772 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE ANNIE MAYBELL PRESSLEY OF WILLIAMSBURG COUNTY AND TO WISH HER A VERY HAPPY ONE HUNDREDTH BIRTHDAY ON MARCH 7, 1990.

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

The following was introduced:

H. 4773 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE SELMA WATKINS OF CLARENDON COUNTY FOR HER DISTINGUISHED AND EXEMPLARY SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON SCHOOL DISTRICT ONE.

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

The following was introduced:

H. 4774 -- Reps. Corning, T.M. Burriss, M.O. Alexander, T.C. Alexander, T. Rogers, Felder, Taylor, Hendricks, Simpson, Wells, Snow, Bennett, Chamblee, McLellan, Cooper, Beasley, Waldrop, Bruce, Kirsh, Haskins, Wright, Baxley and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY BASKETBALL TEAM AND COACH CLIFF ELLIS ON WINNING THE ATLANTIC COAST CONFERENCE REGULAR SEASON TITLE AND TO WISH THEM THE BEST IN THE UPCOMING ATLANTIC COAST CONFERENCE TOURNAMENT.

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

Rep. McLELLAN moved that H. 4800, The General Appropriations Bill, be set for Special Order on Monday, March 12 at 2:00 P.M., immediately after the Roll Call, and continue each day thereafter until given a second reading, and that the Bill be set for Special Order for third reading immediately after the Roll Call, and continue each day thereafter until final disposition, which was agreed to.

Rep. McLELLAN moved that when the House adjourns Thursday, it adjourn to meet in Local Session Friday and to meet at 2:00 P.M. on Monday, March 12, in Statewide Session, which was agreed to.

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

H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.

Without reference.

H. 4776 -- Rep. Wright: A BILL TO AMEND SECTION 12-7-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE THAT THE CREDIT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY AND TO DELETE PROVISIONS LIMITING THE CREDIT TO EARNED INCOME, PROHIBITING THE CREDIT WHEN A TAXPAYER LIVES ABROAD OR IN GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS, AND WHEN THE TAXPAYER FILES A NONRESIDENT RETURN.

Referred to Committee on Ways and Means.

H. 4777 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-21-60 SO AS TO PROVIDE FOR THE OFFER OF COMPROMISE BY THE PLAINTIFF IN A TORT CASE.

Referred to Committee on Judiciary.

H. 4778 -- Rep. Harvin: A BILL TO AMEND SECTION 40-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT" AND THE SECURITY REQUIREMENTS FOR LICENSEES, SO AS TO PROVIDE THAT REGARDLESS OF THE NUMBER OF YEARS A BOND MAY REMAIN IN FORCE, THE LIABILITY OF THE SURETY IS NOT CUMULATIVE, AND TO PROVIDE FOR THE AGGREGATE LIABILITY OF THE SURETY.

Referred to Committee on Labor, Commerce and Industry.

H. 4779 -- Reps. Koon, Barber, Hallman, Sturkie, Mappus, Altman, J. Rogers, J. Harris, Klapman, Quinn, Kirsh, Farr, Mattos, Wells and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-35 SO AS TO DEVOLVE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF COUNTY AND MUNICIPAL GOVERNING BODIES IN REGARD TO CABLE TELEVISION UPON THE PUBLIC SERVICE COMMISSION ON JULY 1, 1990, TO PROVIDE THAT THE COMMISSION SHALL REGULATE THE RATES CHARGED BY CABLE TELEVISION COMPANIES IN A CERTAIN MANNER, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4780 -- Reps. P. Harris, Blackwell and Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE JANUARY FIFTEENTH OF THE SUCCEEDING TAX YEAR.

Referred to Committee on Ways and Means.

H. 4781 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.

Referred to Committee on Ways and Means.

H. 4782 -- Reps. Baxley, Wilder and Manly: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.

Referred to Committee on Judiciary.

H. 4783 -- Rep. McTeer: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANDY RUN CEMETERY ASSOCIATION IN HAMPTON COUNTY.

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

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 12-27-390 OF THE 1976 CODE, 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; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING; TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSE FEES FOR COIN-OPERATED DEVICES OR MACHINES OF THE NONPAYMENT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE FROM SIX HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS; TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO IMPOSE A SEVERANCE TAX ON PRECIOUS METALS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO IMPOSE AN ENVIRONMENTAL IMPACT FEE ON THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE, TO PROVIDE THE PROCEDURE FOR THE COLLECTION AND DISTRIBUTION OF THE FEE, AND TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DEPOSIT OF THE ENVIRONMENTAL IMPACT FEE AND TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND IS RAISED FROM ONE TO TEN MILLION DOLLARS; TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO SIX MILLS THE TAX ON EACH CIGARETTE; TO AMEND SECTION 8-17-320 OF THE 1976 CODE, RELATING TO THE DEFINITIONS USED IN THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO CHANGE THE DEFINITION OF "TEMPORARY EMPLOYEE"; TO REPEAL SECTION 59-101-190 OF THE 1976 CODE, RELATING TO THE DEAN'S COMMITTEE ON MEDICAL DOCTOR EDUCATION; TO AMEND SECTION 59-31-530 OF THE 1976 CODE, RELATING TO THE DURATION OF THE ORIGINAL CONTRACTS WITH PUBLISHERS FOR SCHOOL TEXTBOOKS, SO AS TO REVISE AND EXTEND THE DURATION OF THESE CONTRACTS; TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM FOR THE HIGHER EDUCATION OF TALENTED AND QUALIFIED RESIDENTS OF THIS STATE WHO AGREE TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE, TO PROVIDE FOR THE CANCELLATION OF TWENTY PERCENT OF THE DEBT FOR EACH COMPLETED YEAR OF TEACHING, AND TO DEFINE TALENTED AND QUALIFIED RESIDENTS AS STUDENTS GRADUATING IN THE TOP TEN PERCENTILE OF THEIR HIGH SCHOOL CLASS, OR WHO RECEIVE A COMBINED SCHOLASTIC APTITUDE TEST SCORE OF AT LEAST ELEVEN HUNDRED, AND TO REQUIRE LOAN RECIPIENTS TO MAINTAIN AT LEAST A 2.75 GRADE POINT AVERAGE ON A 4.0 SCALE TO REMAIN ELIGIBLE FOR THE LOAN; TO AMEND SECTION 1-1-1020 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PURCHASE EQUIPMENT FOR RENT, LEASE, OR RESALE TO STATE AGENCIES, SO AS TO INCREASE THE AMOUNT THE DIVISION MAY BORROW FOR THESE PURPOSES FROM THE STATE INSURANCE RESERVE FUND FROM TWENTY-FIVE TO THIRTY-FIVE MILLION DOLLARS, AND TO PROVIDE THAT THESE LOANS MAY NOT BE IN AN AMOUNT THAT JEOPARDIZES THE ACTUARIAL SOUNDNESS OF THE FUND; TO AMEND CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 11, SO AS TO ESTABLISH THE STATE EMPLOYEE PAY PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-26 SO AS TO REQUIRE GRANT FUNDS RECEIVED BY A COUNTY OR MUNICIPALITY FROM THE LOCAL GOVERNMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED IN A SEPARATE FUND, TO PROVIDE THAT DISBURSEMENTS MAY BE MADE ONLY ON THE WRITTEN AUTHORIZATION OF THE PERSON WHO SIGNED THE GRANT APPLICATION OR HIS SUCCESSOR AND ONLY FOR THE PURPOSES SPECIFIED IN THE GRANT APPLICATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIVISION TO FURNISH A COPY OF THIS SECTION TO GRANTEES; TO AMEND SECTION 42-7-67 OF THE 1976 CODE, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKERS' COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA.

Without reference.

S. 491 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.

Referred to Committee on Labor, Commerce and Industry.

S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: 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.

S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.

Referred to Committee on Labor, Commerce and Industry.

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

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burch                  Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Glover
Gordon                 Hallman                Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   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                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Snow
Stoddard               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 March 6, 1990.

Robert Hayes, Jr.                 Rick Quinn
C. Lenoir Sturkie                 Tee Ferguson
Linwood Altman                    J.C. Johnson
Ken Bailey                        Jean Harris
Thomas E. Huff                    Paul Short
Derham Cole                       S.R. Foster
Grady Brown                       Liston Barfield
Larry Gentry

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

Rep. STODDARD asked that the Screening Committee to Investigate Candidates for Trustees of Universities and Colleges, Reps. D. MARTIN, McABEE, CLYBORNE and STODDARD to be granted a Leave of the House on Wednesday, March 7 until 11:00 A.M., which was agreed to.

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

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.

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.

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

H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.

H. 4349 -- Rep. McCain: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING AND UTTERING CHECKS, SO AS TO PROVIDE THAT WHERE THE ACCOUNT OF THE MAKER OR DRAWER OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER WAS CLOSED BEFORE THE DATE OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER, A PERSON OTHERWISE ENTITLED TO INSTITUTE PROSECUTION UNDER THE PROVISIONS OF THIS SECTION MAY DO SO WITHOUT GIVING THE NOTICE REQUIRED BY THIS SECTION.

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

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.

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.

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

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. T.M. BURRISS having the floor.

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 1, by Rep. T.M. BURRISS.

Rep. T.M. BURRISS continued speaking.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0856X), which was tabled.

Amend the bill, as and if amended, in Section 23-43-150 of the 1976 Code, page 8, lines 12 striking:

by adding after injury or damages.

Rep. RUDNICK explained the amendment.

Rep. T.M. BURRISS spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. RUDNICK moved to continue the Bill, which was not agreed to.

The Bill, as amended, was read the second time and ordered to third reading by a division vote of 48 to 11.

The following Bill was taken up.

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.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 22, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. BAKER explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc. No. 0794X), which was tabled.

Amend the report of the Committee on Medical, Military, Public and Municipal Affairs, as and if amended, page 3481-2, line 9, by striking /violent, accidental, and unattended/ and inserting /all/.

Amend further, page 3481-2, line 18, by adding after /body/ at the end of the line /in all those cases that are attended by physicians/.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. BAKER spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 68 to 5.

Rep. LANFORD proposed the following Amendment No. 3 (Doc. No. 0831X), which was adopted.

Amend the bill, as and if amended, p. 3481-2, by striking lines 18 and 19 and inserting:

/The coroner has not physically examined the body in those cases that are attended by a South Carolina-licensed physician and therefore may not be held liable for actions/

Amend title to conform.

Rep. LANFORD 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. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0703X), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-2935.     The driver's license of a person, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for a second or subsequent offense of selling or possessing marijuana, hashish, cocaine, crack cocaine, lysergic acid diethylamide (LSD) or its compounds, or heroin must be suspended for six months. For purposes of this section a prior offense is an offense for which the person was convicted, entered a plea of guilty or of nolo contendere, or forfeited bail within ten years before the last offense."/

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. CARNELL proposed the following Amendment No. 2 (Doc. No. 0826X).

Amend the report of the Committee on Judiciary, as and if amended, by striking Section 56-5-2935, as contained in SECTION 1, page 4419-1, and inserting:

/Section 56-5-2935.     The driver's license of a person, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail, for the offense of selling or possessing marijuana, hashish, cocaine, crack cocaine, lysergic acid diethylamide (LSD) or its compounds, or heroin must be suspended for six months. In the case of any person who at the time of the imposition of sentence is ineligible to obtain a driver's license, the period of the suspension of driving privileges required by this section does not begin until six months after the defendant is eligible to obtain a driver's license./

Amend title to conform.

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

Rep. SHARPE moved that when the House adjourns it adjourn in memory of those South Carolinians who died at the Alamo, which was agreed to.

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

The Senate returned to the House with concurrence the following:

H. 4772 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE ANNIE MAYBELL PRESSLEY OF WILLIAMSBURG COUNTY AND TO WISH HER A VERY HAPPY ONE HUNDREDTH BIRTHDAY ON MARCH 7, 1990.

H. 4773 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE SELMA WATKINS OF CLARENDON COUNTY FOR HER DISTINGUISHED AND EXEMPLARY SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON SCHOOL DISTRICT ONE.

At 12:50 P.M. the House in accordance with the motion of Rep. SHARPE adjourned in memory of the South Carolinians who died at the Alamo to meet at 10:00 A.M. tomorrow.

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