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:

For another week, for another day, for another chance to live and to serve, we are grateful, Lord.

Fill us with understanding that knows no limit;

With compassion that reaches out to all;

With courage that cannot be shaken;

With faith strong enough for the unknown;

With ability equal for our tasks;

With wisdom to meet life's complexities;

With vision to see Your way.

Be with us then Lord, this day, and use us as You will. Amen.

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

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

The following was received.
March 19, 1990

Mr. Speaker and Members of the House:

I have signed H. 4200 (R-428) today, an Act which states:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.

I had some initial concerns about the impact of this legislation upon the powers of the Governor. I discussed this legislation with the author, Mr. Speaker, Robert Sheheen, who affirmed that this legislation does not abrogate the power of the Governor, particularly with respect to appointments for vacancies in local elected offices created by the death, resignation, or removal of such an elected official. Rather, this legislation is intended to provide that an individual holding an elected public office, primarily a member of the General Assembly, with the ability to submit an irrevocable resignation from office at some future date and still allow the election process to begin to fill that position.

Understanding the Speaker's intent of this legislation, of which I heartily concur, I have signed this legislation into law. I would appreciate the General Assembly making this message a part of the official record by printing this letter in the Journals of the House of Representatives and the Senate.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Received as information.

The following was received.
March 19, 1990

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4461, R-418, an Act:
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; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION OF TRAINING LAW ENFORCEMENT OFFICERS UNDER THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 23 (TRAINING AND CERTIFICATION OF LAW ENFORCEMENT OFFICERS), SO AS TO PROVIDE THAT EVIDENCE OF A CANDIDATE FOR CERTIFICATION STATING THAT HE HAS NOT BEEN CONVICTED OF ANY CRIMINAL OFFENSE AND SENTENCED TO IMPRISONMENT FOR ONE YEAR OR MORE INSTEAD OF AN OFFENSE THAT CARRIES A SENTENCE OF ONE YEAR OR MORE BE SUBMITTED TO THE COUNCIL AND DELETE REQUIREMENTS THAT THE OFFENSE INVOLVES MORAL TURPITUDE AND PROVISIONS RELATING TO FORFEITURE OF BOND, A GUILTY PLEA, OR A PLEA OF NOLO CONTENDRE CONSIDERED TO BE THE EQUIVALENT OF A CONVICTION, TO ADD A PROVISION THAT THE COUNCIL MAY CERTIFY A CANDIDATE IF THE CONVICTION IS REMOTE IN TIME, AND THAT, IN THE OPINION OF THE COUNCIL, THE CANDIDATE IS OF GOOD CHARACTER AS REQUIRED BY OTHER PROVISIONS OF THIS SECTION.

I am concerned about the impact of this legislation. This amendment states that if a person has not been "convicted of a crime and sentenced to imprisonment for more than one year for that offense" he would be eligible for certification by the Council. This language is inherently unfair because the length of imprisonment for an offense can be within the discretion of the trial judge. Thus, two persons could be convicted of the same crime but one of them under one judge could receive a sentence of eight months, while the other, under a different judge, could receive a sentence of over a year. Even though both persons commit the same crime, one could be certified while the other could not. Specifically, this Bill allows the discretion of the trial judge, in an original sentence, to determine certification thus discriminating against persons who may have received a harsher sentence for the same offense.

I strongly support the recreation and membership of the Law Enforcement Training Council and urge the General Assembly to reintroduce the Bill as adopted by the House. I will be happy to assist the General Assembly in working towards a resolution of this matter.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. WILKINS moved to adjourn debate upon the veto, which was adopted.

The following was received.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
Beg leave to report that they have carefully considered the same and recommend:

That it pass as follows:

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

/SECTION 1. (A) There is created a task force to study homelessness in this State. The voting members are as follows:

(1)     two members of the Senate and three members from the general public to be appointed by the President of the Senate;

(2)     two members of the House of Representatives and three members from the general public to be appointed by the Speaker of the House;

(3)     three members of the general public to be appointed by the Governor. These members may not have an identifiable interest with the groups provided in subsection (C);

(4)     the Executive Director of the South Carolina State Housing, Finance, and Development Authority;

(5)     the State Commissioner of Social Services, or his designee;

(6)     the State Commissioner of Mental Health.

(B)     At its first meeting, the task force shall elect a chairman from the members provided in subsection (A).

(C)     In addition to the members provided in subsection (A), the presidents or directors, or their designees, of the following organizations shall serve on the task force in an advisory, nonvoting capacity:

(1)     Association of Shelter Care Providers;

(2)     South Carolina Association of Counties;

(3)     South Carolina Association of Realtors;

(4)     South Carolina Association of Housing Authority Directors;

(5)     Black Homebuilders Association;

(6)     South Carolina Coalition for the Homeless;

(7)     Homebuilders Association of South Carolina;

(8)     South Carolina Municipal Association;

(9)     National Association of Social Workers;

(10)     United States Department of Housing and Urban Development (state or local director);

(11)     Department of Veterans Affairs.

(D)     Vacancies occurring on the task force must be filled in the same manner as the original appointment.

SECTION     2.     The task force shall:

(1)     examine and study the problem of homelessness in this State;

(2)     study the need for low-income housing as it relates to homelessness;

(3)     recommend programs and policies as it considers appropriate to combat and eliminate homelessness in this State;

(4)     conduct surveys and research as may be necessary;

(5)     initiate and supervise projects and programs and conduct surveys and research as necessary in the study and examination of homelessness in this State;

(6)     study the feasibility and practicality of establishing a housing trust fund in this State.

SECTION     3.     (A)     The task force may subpoena, audit, and investigate. The task force may subpoena witnesses and compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, or other items relevant to the performance of the duties of the task force or to the exercise of its powers. If a subpoena is refused, the task force may make application to a circuit court of this State which has jurisdiction to order the witness to appear before the task force, to produce evidence, if so ordered, or to give testimony touching on the matter in question. Failure to obey the order may be punished by the circuit court as contempt. Upon motion made by a person to whom a subpoena has been issued, the Court of Common Pleas for Richland County may make an order which is necessary to protect that person from annoyance, embarrassment, oppression, or undue burden by expense. Witnesses must be paid mileage and fees as authorized by law for witnesses in civil cases.

(B)     The task force may procure information and assistance from an officer or agency of the State or a subdivision. All officers and agencies shall give the task force all relevant information and reasonable assistance on matters of research within their knowledge and control.

(C)     The task force may appoint an administrative assistant who shall serve at its pleasure. If necessary, the task force may consult with additional personnel including, but not limited to, faculty members of state colleges or universities, as are necessary for its work or may delegate its authority to make appointments to the chairman. The compensation of the administrative assistant and all other personnel must be paid from the monies appropriated to the task force by the General Assembly at a rate to be approved by the Chairmen of the Operations & Management Committees of the Senate and the House of Representatives. The total expenditure of the task force may not exceed forty thousand dollars.

(D)     The task force may procure temporary and intermittent professional services and render compensation within the amount appropriated for the work of the task force. It also may contract for the services with colleges, universities, or other research institutions or individuals and may cooperate generally with associations, institutions, foundations, or corporations.

(E)     The task force shall submit to the General Assembly its recommendations for preventing and eliminating homelessness in this State. The task force also may forward to the General Assembly studies or recommendations of others without endorsing those studies or recommendations. An interim report of the task force must be presented to the General Assembly not later than twelve months after the effective date of this act. The final report of the task force must be presented to the General Assembly at the end of its twenty-four month study which begins immediately after the effective date of this act. Upon presentation of the final report of the task force to the General Assembly, it ceases to exist.

(F)     Ex-officio members shall serve without compensation. For all other members of the task force, the salaries, per diem, mileage, subsistence, and other expenses as provided by law for members of state boards, commissions, and committees must be paid from the approved accounts of the House of Representatives and the Senate.

SECTION     4.     This act takes effect upon approval by the Governor./

/s/Isadore E. Lourie              /s/Denny W. Nielson
/s/John E. Courson                /s/Candy Y. Waites
/s/Theo W. Mitchell               /s/Lucille S. Whipper
On Part of the Senate                  On Part of the House

Rep. WAITES explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following were taken up for immediate consideration and accepted.

March 12, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of President Sadie Darragh and the members of the South Carolina Registered Cosmetologist Association we would like to again this year have the opportunity to meet and thank the members of the House of Representatives for their work to benefit the State of South Carolina.

We extend to each member and their spouses an invitation to join us for a drop-in to be held Tuesday, April 3, 1990, from 6:00 until 8:00 P.M. at the Town House in Columbia.

We would appreciate your extending this invitation to your colleagues and look forward to seeing each of you.

Sincerely,
Joseph M. McCulloch, Jr.

March 15, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

I am pleased to invite the members of the House of Representatives to be our guests at an oyster roast in support of Donald Bailey for the Board of Trustees of the University of South Carolina from the 9th Judicial Circuit, Tuesday, April 3, 1990 at Cocks Corner, located at the corner of George Rogers Boulevard and Shop Road from 8 P.M. to 10 P.M.

We look forward to this evening with our legislators.

Sincerely,
Donald Bailey

August 31, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the Home Builders Association of South Carolina and the South Carolina Builders political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual Bird Supper, Wednesday, April 4, 1990 at the Ellison Building, State Fairgrounds, Columbia, South Carolina. Cocktails will be served at 7:00 P.M. and dinner at 7:45 P.M.

We look forward to this evening with our legislators.

Sincerely,
James A. Brannock
Executive Vice President

March 12, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

It is with great pleasure that the South Carolina Chapter of The American Institute of Architects invites the South Carolina Legislature to a reception Tuesday, April 10, 1990. The event is scheduled from 6 P.M. until 8 P.M. at our Chapter Headquarters, 1522 Richland Street, Columbia.

We are looking forward to hosting this reception and honoring the members of the South Carolina Senate and House of Representatives.

Yours very truly,
Katherine W. Smith

October 26, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

This letter is regarding the scheduling of the State Prayer Breakfast on the 1990 calendar for the House of Representatives.

The Breakfast will be held next year on Wednesday, April 11, 1990 at the Radisson Hotel in Columbia at 7:45 A.M. Each member of the House will receive a personal invitation.

Your cooperation and assistance with this request is deeply appreciated.

Respectfully,
C.T. Young, Chairman

March 13, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Society of Professional Engineers (SCSPE) and the Consulting Engineers of South Carolina (CESC) wish to extend an invitation to the South Carolina House of Representatives for a reception in their honor on Wednesday, April 11, 1990. This reception begins at 6:00 P.M. and lasts until 8 P.M.

The Reception will be at the New Greater Columbia Chamber of Commerce Building, between the Governor's Mansion and the Strom Thurmond Federal Building. We will send formal invitations to House members.

SCSPE and CESC welcome this opportunity to express our appreciation to the state legislators. Through your hard work and dedication to the people of this State, South Carolina is emerging as a shining star of the South.

Sincerely,
Joe S. Jones, III

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

Dear Rep. Foster:

Please set aside Wednesday, April 11, 1990 (7 P.M. to 10 P.M.) for the Legislative Lobbyist Charity Basketball Game. Thank you very much.

Sincerely,
James G. Mattos

September 6, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The Independent Banks of South Carolina wishes to extend to the members of the South Carolina House of Representatives, an invitation to a reception on Tuesday, April 17, 1990, from 6:00 P.M. - 8:00 P.M. The reception will be held at the Capital City Club in the AT & T Building on the corner of Gervais Street and Assembly Street in Columbia, S.C.

Sincerely,
Kelly Smith

March 5, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

I have recently spoken with Mr. Jerald R. Helgeson, President of Engineered Custom Plastics Corp. in Easley, South Carolina. He has made arrangements with your committee to schedule a reception hosted by the Society of the Plastics Industry, Inc. for members of the South Carolina Legislature and their staff, as well as the Governor and Lt. Governor and their staff. This letter is to confirm that SPI will host a "Legislative Reception" on the evening of Wednesday, April 18, 1990 from 6:00 P.M. to 8:00 P.M. at the Stadium Place in Columbia, S.C. We are in contact with the Stadium Place directly, and will make arrangements with them.

We appreciate you helping us schedule this event, and support the concept of hosted receptions so that each host can have equal access to the membership. Please also let us or Mr. Helgeson known if there are any ways we might publicize the event within the legislative community... a calendar, perhaps, or a newsletter? Of course, we will also send personal invitations to each member.

Additionally, if anyone schedules a dinner for the same night as the SPI reception, please let us know. We would like to contact them and see about scheduling our event at the same location in hopes that we might retain more of our audience.

Please advise me if you need any further information. My direct line is 202/371-5246.

Sincerely yours,
Drew Fleming

March 2, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

It is my pleasure to invite the members of the South Carolina House of Representatives and their staffs to a celebration of the contributions and accomplishments of the nine University of South Carolina campuses. The reception will be held on Tuesday, April 24, 1990 from 6:00 P.M. until 8:00 P.M. at the Carolina Coliseum and will feature exhibits, food, as well as musical entertainment. All guests should enter from the Park Street side of the Coliseum.

My colleagues and I look forward to this celebration and to the informal fellowship which it will provide during our time together.

Sincerely,
James B. Holderman

December 20, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of the Governor's Community Improvement Board and Earth Day 1990 we would like to invite the members of the House of Representatives to a reception in their honor at the Radisson Hotel in Columbia on Tuesday, April 24, 1990 from 8:00-10:00 P.M.

We would appreciate your assistance in placing this event on the official 1990 calendar. Please acknowledge this placement at your earliest convenience.

Sincerely,
Janet Whisennant
S.C. Parks, Recreation and Tourism

February 6, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

As President of the South Carolina Victims Assistance Network, I would like to extend a personal invitation to all South Carolina Representatives to attend the annual Legislator's Breakfast as part of the national week long observance of Victim Rights Week. As per our verbal request to Catherine Jeter, of your office, I am confirming the Legislator's Breakfast on Wednesday, April 25th, 8:30 A.M., at the Radisson Hotel.

The breakfast is being co-sponsored by the following organizations: The South Carolina Victims Assistance Network (SCVAN), the South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), Mothers against Drunk Drivers (MADD), Citizens Against Violent Crime (CAVE), and the State Office of Victim Assistance (SOVA).

In 1988 we had twenty-four members of the General Assembly present and in 1989 fifty-two members attended. We look forward to doubling that number in 1990 and ask for your support and assistance in this matter.

We look forward to meeting our Representatives at this time.

Sincerely,
Ritchie Tidwell

January 17, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

The South Carolina Association for Counseling and Development and the South Carolina Association for Marital and Family Therapy extend a cordial invitation to all Representatives and their staff to attend a Legislative Reception. The reception will be held at the Radisson Hotel in Columbia on Wednesday, April 25, 1990 from 6:00 P.M. until 8:00 P.M. If you need any additional information please call me at 737-7107 (W) or 787-8803 (H).

Sincerely,
Robert S. Allen, Ph.D.

January 25, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211

Dear Rep. Foster:

On behalf of South Carolina Clean and Beautiful we would like to invite the members of the House of Representatives to a reception in their honor at the Radisson Hotel in Columbia on Wednesday, April 25, 1990 from 8:00 P.M.-10:00 P.M.

We would appreciate your assistance in placing this event on the official 1990 calendar. Please acknowledge this placement at your earliest convenience.

Sincerely,
Janet Whisennant
S.C. Parks, Recreation and Tourism

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:

H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.

On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.

Whereas, the Baptist College at Charleston has provided many years of Christian higher education in South Carolina; and

Whereas, Baptist College is the second largest private college in the State and is an excellent institution of higher learning; and

Whereas, the College, its superb board of trustees, and its many alumni are vital to the continued growth and success of the Palmetto State; and

Whereas, the College is led by Dr. Jairy C. Hunter, its president, who has rendered truly dedicated and devoted service in that position; and

Whereas, the General Assembly is grateful for the wonderful role that Baptist College has played in educating the young people of South Carolina and preparing them for positions of leadership in the future; and

Whereas, it is sincerely hoped that the College will experience continued success in all it does and aims for; and

Whereas, designating a special day at the State House and throughout the entire State to honor this outstanding Christian college is most fitting. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates Tuesday, April 24, 1990, as "Baptist College Day" at the State House and throughout South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Dr. Jairy C. Hunter, president of Baptist College at Charleston and to each of the members of the College's board of trustees, as follows:

The Reverend Rick Ables
210 East Baker Street
Pickens, S.C. 29671

Mr. John W. Beasley
591 Crowned Kinglet Retreat
Charleston, S.C. 29412

Dr. J.W. Blanton
547 Harborview Circle
Charleston, S.C. 29412

Mr. Maxie C. Collins, III
80 Mt. Gilead Road
Murrells Inlet, S.C. 29576

Dr. Robert E. Cuttino
162 Fuller Parkway
Beaufort, S.C. 29902

Dr. Harry S. Dent
1120 Glenwood Court
Columbia, S.C. 29204

Mr. Walter D. Goodman
513 South Hampton
Kershaw, S.C. 29067

Mr. Mike Guess
1108 Crestfield Drive
Lancaster, S.C. 29720

The Reverend Joe F. Hayes, Jr.
First Baptist Church
P.O. Box 207
Liberty, S.C. 29657

The Reverend James W. Heron
Greenville Baptist Association
220 Howe Street
Greenville, S.C. 29602

Mr. W. Gregory Horton, Chairman
160 Club Drive
Simpsonville, S.C. 29681

Dr. Clif S. Jones
9107 DeLancey Circle
N. Charleston, S.C. 29418

The Reverend Eugene W. Lawrence
8301 Bradley Boulevard
Greenville, S.C. 29609

Dr. Franklin G. Mason
160 East Wine Street
Mullins, S.C. 29574

Dr. Fred K. Norris, Jr.
St. Julien Plantation
Route 2 Box 66
Eutawville, S.C. 29048

Mrs. Anne H. Oswald
1102 North Jefferies Boulevard
Walterboro, S.C. 29488

Mrs. Virginia O. Russell
1721 Carterett Avenue
Charleston, S.C. 29407

The Reverend Kenneth Sandifer
First Baptist Church
P.O. Box 443
Mullins, S.C. 29302

The Reverend Frank R. Shivers
P.O. Box 9991
Columbia, S.C. 29223

Mr. Lloyd Sineath
1020 Dominion Drive
Hanahan, S.C. 29406

Mr. Jim Southern
141 Southlake Road
Columbia, S.C. 29223

Dr. James H. Storm
113 Woodland Drive
Summerville, S.C. 29483

Dr. Hewlett Sullivan
875 Altamont Road
Greenville, S.C. 29609

Mrs. Gloria J. Thiem
678 Cain Drive
Mt. Pleasant, S.C. 29464

Mr. W. Floyd Whitfield
1776 Chelwood Circle
Charleston, S.C. 29407

The Invitations and Memorial Resolutions Committee proposed the following Amendment No. 1 (Doc. No. 0990o), which was adopted.

Amend the resolution, as and if amended, by striking the last paragraph and inserting:

/Be it further resolved that a copy of this resolution be forwarded to Dr. Jairy C. Hunter, president of Baptist College at Charleston./

Amend title to conform.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 5 -- Senators Leatherman, Rose, Wilson, Leventis, McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR WHO HAVE NOT EARNED A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE SCHOOLS TO PROVIDE DOCUMENTATION UPON REQUEST TO PERSONS AT LEAST FIFTEEN YEARS OF AGE OF THEIR COMPLIANCE WITH ATTENDANCE POLICIES, TO REQUIRE SCHOOLS TO NOTIFY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF PERSONS WITHDRAWN FROM SCHOOL, TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND THE DRIVERS' LICENSES OF THOSE PERSONS UNLESS THEY FIRST COMPLY WITH THE REQUIREMENTS OF THIS SECTION, TO DEFINE WITHDRAWAL AS MORE THAN TEN UNEXCUSED ABSENCES, AND TO PROVIDE AN EXCEPTION UPON DETERMINATION BY A COURT THAT A PERSONAL OR FAMILY HARDSHIP EXISTS THAT REQUIRES THE PERSON TO OBTAIN OR RETAIN A DRIVER'S LICENSE FOR EMPLOYMENT OR MEDICALLY-RELATED PURPOSES.

Ordered for consideration tomorrow.

The following was introduced:

H. 4861 -- Reps. Hayes, Nesbitt, Kirsh, Foster and Short: A CONCURRENT RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF THE ROCK HILL HIGH SCHOOL WRESTLING TEAM IN YORK COUNTY.

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

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

H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.

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

H. 4863 -- Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT WHEN THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT THE REMAINING OF THAT PORTION OF THE AWARD MUST BE PAID TO A SURVIVING SPOUSE OR OTHER FULL DEPENDENT, OR IF THERE IS NONE, TO BE DISTRIBUTED IN THE SAME MANNER AS PROVIDED IN THIS SECTION FOR CASES WHERE THE EMPLOYEE IS SURVIVED BY NO FULL DEPENDENTS RATHER THAN DIVIDING THE BENEFITS EQUALLY AMONG ALL THE CHILDREN.

Referred to Committee on Labor, Commerce and Industry.

H. 4864 -- Rep. Simpson: A BILL TO AMEND SECTIONS 12-21-1850 AND 12-21-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON BOTTLED SOFT DRINKS, SO AS TO INCREASE THE TAX FROM ONE CENT TO TWO CENTS FOR EACH TWELVE OUNCES OR FRACTIONAL PART AND TO INCREASE THE ALTERNATIVE METHOD FROM ONE DOLLAR AND TWENTY-TWO CENTS A GROSS FOR EACH ONE CENT OF FACE VALUE TO TWO DOLLARS AND FORTY-FOUR CENTS A GROSS.

Referred to Committee on Ways and Means.

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
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burriss, M.D.          Carnell                Chamblee
Clyborne               Coper                  Corbett
Cork                   Corning                Davenport
Faber                  Fair                   Fant
Farr                   Felder                 Ferguson
Foster                 Glover                 Gregory
Hallman                Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McGinnis               McKay
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Stoddard               Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wofford                Wright

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

Paul M. Burch                     John J. Snow, Jr.
Paul Derrick                      Linwood Altman
Jean L. Harris                    Kenneth E. Bailey
Joseph McElveen                   E.B. McLeod
J. Derham Cole                    B.J. Gordon, Jr.
Steve Lanford                     Larry E. Gentry
Dick Elliott

The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the week.

Announcement was made that Dr. Gerald E. Harmon of Georgetown is the Doctor of the Day for the General Assembly.

Rep. WINSTEAD moved that when the House adjourns on Wednesday it adjourn to meet in Local Session on Friday and reconvene for Statewide Session on Tuesday, March 27, which was agreed to.

The following Bill was taken up.

Rep. HENDRICKS spoke upon the Bill.

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

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

H. 4809 -- Rep. Rhoad: A BILL TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.

H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.

H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.

S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.

Rep. WILKINS explained the Bill.

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

Rep. DERRICK explained the Bill.

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

S. 1230 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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.

S. 1325 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.

Rep. RUDNICK moved to adjourn debate upon the following Bill until Tuesday, March 27, 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.

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

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.

H. 4046 -- Rep. Wofford: A BILL TO AMEND SECTION 38-25-150(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38, ON UNAUTHORIZED INSURANCE TRANSACTIONS, DOES NOT APPLY TO THE LAWFUL TRANSACTION OF REINSURANCE BY INSURERS, SO AS TO DEFINE "REINSURANCE" FOR THE PURPOSES OF THIS ITEM AND TO SET FORTH WHAT THE TERM "REINSURANCE" DOES NOT INCLUDE; AND TO REPEAL ITEM (6) OF SECTION 38-25-150 RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38 DOES NOT APPLY TO TRANSACTIONS IN THIS STATE INVOLVING ANY POLICY OF INSURANCE OR ANNUITY CONTRACT ISSUED BEFORE APRIL 30, 1975.

H. 4741 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1113, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

The following Bill was taken up.

H. 4661 -- Reps. Nettles, Keesley, Cole and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215 SO AS TO PROVIDE FOR CRIMES INVOLVING THE FURNISHING OF CONTRABAND TO AND POSSESSING OF CONTRABAND BY A JUVENILE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, DEFINE JUVENILE AND CONTRABAND, AND PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE PROVIDED FOR IN THIS ACT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0860X), which was adopted.

Amend the bill, as and if amended, Section 20-7-2215(B)(6), as contained in SECTION 1, page 2, line 1 of the item, after /item/ by inserting /not/ so that when amended the item reads:

/(6)     an item not officially issued to a juvenile by a department employee, an item a juvenile has not been authorized, in writing, to bring to, or possess at, a facility or institution operated by the department, or an item which cannot be purchased by a juvenile at a canteen operated by the department;/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

Rep. J.W. JOHNSON moved to adjourn debate upon the following Bill until Tuesday, March 27, which was adopted.

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.

The following Bill was taken up.

H. 3944 -- Reps. T.M. Burriss and Cork: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE FOR SUCH SALES AT SPORTING EVENTS OF NONPROFIT ENTITIES UPON THE CONSENT OF THEIR RESPECTIVE GOVERNING BODIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0849X), which was adopted.

Amend the bill, as and if amended, by striking Section 61-9-90, as contained in SECTION 1, and inserting:

/     Section 61-9-90.     It shall be is unlawful for any person to sell or offer for sale any wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning;. provided, however, that However, that any establishment licensed pursuant to Sections 61-5-10 to 61-5-160 Chapter 5 of this title shall be authorized to may sell such products beer and wine during those hours in which the sale of alcoholic beverages in containers of two ounces or less is lawful. Beer and wine may be sold on Sundays at publicly owned and operated golf courses upon the consent of the governing bodies of these golf courses, but only in counties and municipalities where Sunday sales are permitted pursuant to Section 61-5-190. Any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of not more than one hundred dollars or be imprisoned for not exceeding more than thirty days. The right of any person to sell wine and beer in this State at any time under a license issued by the State shall be is forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict herewith shall be with this section are unenforceable."/

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Bill on second reading, as amended.

Rep. KOON demanded the yeas and nays, which were not ordered.

The Bill, as amended, was rejected by a division vote of 26 to 32.

The following Bill was taken up.

H. 4394 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS AND CONDITIONS APPLICABLE TO LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER CERTAIN NECESSARY CARE IN THE HOME OR COMMUNITY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE INSURER MAY OFFER THIS COVERAGE FOR THE INSURED'S OPTION BY MEANS OF A RIDER TO THE POLICY ISSUED, AND TO PROVIDE AN EXCEPTION FOR OFFERING THE RIDER.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0900X), which was adopted.

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

/SECTION     1.     Section 6 of Act 466 of 1988 is amended by adding:

"(I)     No insurer is required to offer necessary care in the home or community with daily benefits at the same level that would be paid for care in a nursing home or community residential care facility when the insured meets the requirements under the policy for a determination that care in a nursing home or community residential care facility is necessary. However, the insurer shall offer the same above described necessary care in the home or community for the insured's option by means of a rider to the policy issued, but this rider is not required if the policy itself provides for the same necessary care in the home or community as described above."

SECTION     2.     The provisions of subsection (I) of Section 6 of Act 466 of 1988, as added pursuant to Section 1 of this act, apply to insurance policies issued on or after the effective date of this act.

SECTION     3.     Three years following the effective date of this act, and two years thereafter, the Commission on Aging, in cooperation with the Joint Legislative Committee on Aging and the Department of Insurance, shall evaluate the effects of this act and report those evaluations to the General Assembly.

SECTION     4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. NEILSON 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. 4452 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES OF AN INSURER BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE THAT THE PAPERS AND REPORTS AS WELL AS THE REPLIES BY THE INSURER ARE NOT SUBJECT TO DISCLOSURE.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc. No. 0641X), which was adopted.

Amend the bill, as and if amended, by striking Section 38-13-160, as contained in SECTION 1, and inserting:

/"Section 38-13-160.     The commissioner may require any an authorized insurer or its officers to answer any an inquiry in relation to its transactions, condition, or any a connected matter necessary to the administration of the insurance laws of the State. Every corporation or person must shall reply in writing to the inquiry promptly and truthfully, and the reply must be verified, if required by the commissioner, by the individual or by the officer or officers of a corporation as he designates. These replies and work papers and draft reports of examiners, acting with or for the commissioner in connection with financial examinations conducted pursuant to Section 38-13-10, are strictly confidential and not subject to disclosure unless ordered by a court of competent jurisdiction or unless requested by the Office of the Consumer Advocate as provided for in Section 37-6-605 pursuant to an appropriate proprietary agreement to ensure confidentiality. Before ordering disclosure, the court shall privately determine that the public need for disclosure of the documents outweighs the disruptive influence that public disclosure will cause either upon the office of the Chief Insurance Commissioner or the Department of Insurance."/

Amend title to conform.

Rep. NEILSON 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. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0834X), which was adopted.

Amend the bill, as and if amended, Section 38-72-60(D)(2)(b), as contained in SECTION 3, page 5, line 3 of the subitem, by striking /noninstitutional/ and inserting /post-confinement, post-acute care, or recuperative/, so that when amended the subitem reads:

/(b)     A long term care insurance policy or rider which conditions eligibility of post-confinement, post-acute care, or recuperative benefits on the prior receipt of institutional care may not require a prior institutional stay of more than thirty days./

Amend title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

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

Rep. KEESLEY moved to adjourn debate upon the following Bill until Tuesday, March 27, which was adopted.

S. 543 -- Senators Horace C. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1075 AS ADDED BY THIS ACT.

The following Bill was taken up.

S. 832 -- Senators Martschink, McConnell, Passailaigue, Helmly, Hinds, Gilbert, Pope, Bryan, Setzler, Stilwell, Long, Thomas, Nell W. Smith, Lee, Wilson, Rose, Moore, Leventis, Leatherman, Mullinax, O'Dell, Courson, J. Verne Smith, Macaulay and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

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. DERRICK explained the Bill.

Reps. KIRSH and WILDER objected to the Bill.

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

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0871X), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1, beginning on line 23, page 1 and inserting:

/SECTION     1.     Section 29-15-90 of the 1976 Code, as last amended by Act 140 of 1987, is further amended to read:

"Section 29-15-90.     When any (A) Except as otherwise provided in this section, when personal property has been left at any a laundry, dyer, dry cleaning establishment, or retail store, or any other establishment for the purpose of storage, cleaning, dry cleaning, dyeing, washing, alteration, or repairs and is not called for within a period of one hundred twenty days thereafter six months and thirty days and the charges paid in full, the dryer, laundry, dry cleaning establishment, or retail store may sell dispose of the property after having advertised the time and place of the sale by posting a notice in writing at least fifteen days before the sale in three public places in the county in which the personal property is found, one of which must be the courthouse door, or publishing the notice at least two weeks in a newspaper published in the county in which the goods are located; provided, that notice must by whatever means it chooses. Notice first must have been sent by first-class certified mail to the last-known address of the person, his agent, or employee, who left the goods at the establishment thirty days before disposal. The advertisement also must contain the amount due, the name of the owner (if not known, this fact must be stated), and a brief description of the property. An establishment, at the time of receiving the property, shall give to the person delivering it conspicuous notice in writing of disposal after six months and thirty days.

(B)     If notice is not given upon delivery, the property must not be disposed of until after twelve months and thirty days and until after notice by certified mail pursuant to subsection (A).

(C)     If the property is insured through the establishment, the time periods provided for in this section do not begin to run until the insurance expires."/

Amend title to conform.

Rep. DERRICK explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

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

Rep. DERRICK explained the Bill.

Rep. RUDNICK moved to adjourn debate upon the Bill until Tuesday, March 27.

Rep. DERRICK moved to table the motion, which was agreed to.

Rep. DERRICK continued speaking.

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

Rep. BEASLEY moved that when the House adjourns on Wednesday, it adjourn to meet in Statewide Session on Thursday, March 22 and when the House adjourns on Wednesday, March 28, it adjourn to meet in Local Session on Friday, March 30.

Rep. J.W. JOHNSON demanded the yeas and nays, which were not ordered.

The motion was rejected by a division vote of 34 to 56.

The following Bill was taken up.

H. 4211 -- Reps. McTeer and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT RECLASSIFICATION OF A STATE EMPLOYEE INSTITUTED PURSUANT TO THE UNIFORM CLASSIFICATION AND COMPENSATION PLAN MAY TAKE EFFECT ONLY AT THE BEGINNING OF THE FISCAL YEAR AND ONLY IF FUNDS ARE APPROPRIATED TO THE AGENCY SPECIFICALLY FOR RECLASSIFICATION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0910X), which was adopted.

Amend the bill, as and if amended, by striking items (1) and (2) of Section 8-11-310, as contained in SECTION 1 and inserting:

/(1)     at the beginning of a fiscal year if funds are required to be appropriated to the agency for the purpose of the reclassification; or

(2)     when an agency head certifies to the Division of Human Resource Management that funding is available to provide for the annualized cost of the reclassification./

Amend title to conform.

Rep. McTEER 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. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0912o), which was adopted.

Amend the bill, as and if amended, by striking Section 4-9-195(A)(2) of the 1976 Code, as contained in SECTION 1, and inserting:

/(2)     for an additional eight years at an assessment equal to the greater of forty percent of four percent of the appraised value of the property after rehabilitation, or the assessment originally assessed on the uncertified property./

Amend the bill further, as and if amended, in Section 4-9-195(B)(2) of the 1976 Code, as contained in SECTION 1, by striking /assessed/ on line 5 of the item and inserting /appraised/.
When amended, item (2) shall read:

/(2)     within two years after receiving the certification, for all owner-occupied property, the owner or his estate rehabilitates the property, with expenditures for rehabilitation exceeding fifty percent of the appraised value of the property;/.

Amend the bill further, as and if amended, in Section 4-9-195(C)(2) of the 1976 Code, as contained in SECTION 1, by striking /assessed/ on line 3 of the item and inserting /appraised/.
When amended, item (2) shall read:

/(2)     in the case of income-producing real property, the expenditures for rehabilitation exceed the appraised value of the property;/.

Amend the bill further, as and if amended, by striking Section 4-9-195(C)(4) of the 1976 Code, as contained in SECTION 1, and inserting:

/(4)     rehabilitation was commenced on the property after January 1, 1987;

(5)     if the low and moderate income housing rehabilitation is located in an area designated by the local government as a Low and Moderate Housing Rehabilitation District./

Amend the bill further, as and if amended, by striking Section 4-9-195(F) of the 1976 Code, as contained in SECTION 1, and inserting:

/(F)     If property is certified as 'rehabilitated historic property' or as 'low and moderate income rental property' before the first day of April of a particular year, the special assessment authorized by this section is effective for that year. Otherwise it is effective beginning with the following year, provided the owner of the real property completes the proper application approved by the Department of Archives and History with the appropriate agency by April fifteenth of the particular year. A county governing body may designate an agency or department of the county to perform its functions and duties under this section in its discretion.

(G)     Once the governing body has granted the special property tax assessments authorized by this section, the owner of the property shall make application annually to the auditor for the special assessment provided for by this section./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. J. BAILEY and KIRSH proposed the following Amendment No. 2 (Doc. No. 0945o).

Amend the report of the Committee on Ways and Means, as and if amended, by striking lines 34 through 41 on page [4427-1] and inserting:
/Amend the bill, as and if amended, by striking items (1) and (2) of subsection (A) of Section 4-9-195 of the 1976 Code and inserting:

"(1)     for rehabilitated historic property an assessment for two years equal to four percent of the appraised value of the property at the time the certification was made, and an assessment for eight years equal to the greater of forty percent of four percent of the appraised value of the property after rehabilitation or the tax originally assessed on the uncertified property;

(2)     for low and moderate income rental property an assessment for two years equal to six percent of the appraised value of the property at the time the certification was made, and an assessment for eight years equal to the greater of forty percent of six percent of the appraised value of the property after rehabilitation or the tax originally assessed on the uncertified property; and

(3)     the special assessment shall only begin in the current or future tax years as provided for in this section. In no instance may the special assessment be applied retroactively."/

Amend title to conform.

Rep. J. BAILEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 2., Rep. J. BAILEY having the floor.

Rep. WILKINS moved that the House do now adjourn.

Rep. JASKWHICH demanded the yeas and nays, which were not ordered.

The motion to adjourn was then agreed to.

The Senate returned to the House with concurrence the following:

H. 4094 -- Reps. Lockemy, Harwell, J. Rogers, Beasley, Neilson and Baxley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN MEMORY OF GEORGE TILLMAN RADFORD, A TROOPER WITH THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.

H. 4586 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MOTOR VEHICLE DIVISION SALES OFFICE OF THE DEPARTMENT IN MARLBORO COUNTY IN HONOR OF THE LATE WADE H. CROW.

H. 4587 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MARLBORO COUNTY HIGHWAY PATROL OFFICE IN HONOR OF THE LATE TROOPER FIRST CLASS GEORGE TILLMAN RADFORD.

H. 4854 -- Reps. McLellan and T.C. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BLACKSTON HAMILTON OF SENECA UPON BEING NAMED THE OUTSTANDING AMERICAN HISTORY TEACHER OF THE YEAR FOR SOUTH CAROLINA BY THE STATE SOCIETY, NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.

H. 4861 -- Reps. Hayes, Nesbitt, Kirsh, Foster and Short: A CONCURRENT RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF THE ROCK HILL HIGH SCHOOL WRESTLING TEAM IN YORK COUNTY.

At 12:59 P.M. the House in accordance with the motion of Rep. WILKINS adjourned to meet at 10:00 A.M. tomorrow.

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