Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God, Whose love never forgets, forsakes or fails, we confess that life sometimes becomes so complex and confused that we lack courage to do our duties faithfully or to accept the great adventures to which You have called us. Grant to us fidelity and fortitude to follow Your beckoning even when tempted to let idealism sour into skepticism. Keep perpetual within us the longing to follow without faltering or fail the unchanging laws of the Ten Commandments and the eternal truths of the Sermon on the Mount. Make of us partners with each other endeavoring to build a better civilization today and which will extend into tomorrow and always.

Amen.

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

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

The Senate returned to the House with amendments the following:

H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.

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

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

H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4575 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-355 SO AS TO PROVIDE THAT CERTAIN ACTIONS REGARDING THE INTIMIDATION OF WITNESSES ARE UNLAWFUL, TO PROVIDE FOR PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN OF THE ABOVE OFFENSES WHICH ARE FELONIES TO THIS LIST.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

The following was introduced:

H. 4908 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOHN W. SIMMONS OF SPARTANBURG WHO WILL BE INSTALLED AS THE ONE HUNDRED TWENTY-SEVENTH PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION ON APRIL 29, 1990.

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

The following was introduced:

H. 4909 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ASSOCIATION OF CERTIFIED PUBLIC ACCOUNTANTS UPON THEIR SEVENTY-FIFTH ANNIVERSARY.

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

The following was introduced:

H. 4911 -- Reps. Cork, Taylor, Wright, Smith, Altman, Sharpe, Sheheen, Fant, Derrick, Winstead, Rama, Sturkie, Mappus, Harrison, J. Bailey, White, Kirsh, Holt, Tucker, McAbee, Foster, Klapman, Nettles, Boan, Keyserling McTeer, Gregory, Wilkins, Haskins, Fair, Simpson, Keegan, J. Harris, Wilder, Barber, Wells, Blanding, Hallman, Beasley, Vaughn, Snow, L. Martin, Stoddard, G. Bailey, Woffard, Bennett, H. Brown, M.O. Alexander, McLellan, T.C. Alexander, Gordon, Cooper, Moss, Manly, Baxley, Corbett, Ferguson, T.M. Burriss, K. Bailey, Baker, Barfield, Blackwell, G. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Carnell, Chamblee, Clyborne, Cole, Corning, Davenport, Elliott, Faber, Farr, Felder, Gentry, Clover, Harris, Harvin, Harwell, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keesley, Kinon, Kohn, Koon, Lanford, Limehouse, Littlejohn, Martin, Mattos, McBride, McCain, McEachin, MeElveen,, McGinnis, McKay, Neilson, Nesbitt, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, Short, Townsend, Waites, Waldrop, Washington, Whipper, Wilkes, D. Williams, J. Williams and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE I-95 - U. S. ROUTE 278 CONNECTOR AND U. S. ROUTE 278 FROM THE I-95 CONNECTOR TO THE KARL BOWERS BRIDGE IN BEAUFORT COUNTY THE "BILL CORK MEMORIAL HIGHWAY".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 4910 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

Referred to Committee on Judiciary.

H. 4912 -- Rep. Snow: A BILL TO AMEND SECTIONS 46-13-60 AND 46-13-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDES, SO AS TO MAKE TECHNICAL CHANGES IN THE REGULATION OF PESTICIDES.

Referred to Committee on Agriculture and Natural Resources.

H. 4913 -- Rep. Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-191 SO AS TO PROVIDE THAT STUDENTS SUCCESSFULLY COMPLETING AN INTERNATIONAL BACCALAUREATE CERTIFICATE OR DIPLOMA SHALL RECEIVE CREDIT IN POSTSECONDARY PUBLIC COLLEGES IN SOUTH CAROLINA.

Referred to Committee on Education and Public Works.

H. 4914 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICALLY INDIGENT ASSISTANCE FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 1189, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 1127 -- Senators Wilson, Thomas and Rose: A JOINT RESOLUTION TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE PRIOR RATIFICATION OF THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.

Referred to Committee on Judiciary.

S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.

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

S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.

Referred to Committee on Labor, Commerce and Industry.

Rep. H. BROWN, from the Berkeley County Delegation, submitted a favorable report, with amendments, on:

S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.

On motion of Rep. H. BROWN, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 1404 -- Senators Helmly and Rose: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO REVISE THE NAMES OF THE PRECINCTS AND THE MANNER IN WHICH THE PRECINCT LINES ARE DEFINED, DELETE THE DESCRIPTION OF THE BOUNDARIES AND POLLING PLACES OF THE RUSSELLVILLE AND EADYTOWN PRECINCTS, AND PROVIDE FOR THE ESTABLISHMENT OF THE POLLING PLACES.

Reps. H. BROWN, WOFFORD, J. WILLIAMS and D. WILLIAMS proposed the following Amendment No. 1 (Doc. No. 1342X), which was adopted.

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

/SECTION     1.     Section 7-7-120 of the 1976 Code is amended to read:

"Section 7-7-120.     (A)     In Berkeley County there are the following voting precincts and polling places: Alvin; Huger; Berkeley; Bethera; Bonneau; Cainhoy; Carnes Cross Roads; Cordesville; Cross; Goose Creek No. 1; Goose Creek No. 2; Goose Creek No. 3; Hanahan; Hilton's Cross Roads; Jamestown; Lebanon; Macedonia; McBeth; Moncks Corner; Pimlico; Pinopolis; Russellville; Eadytown; Shulerville-Honey Hill; St. Stephen; Wassamassaw; and Wide Awake.

(1)     Alvin: Community Center;

(2)     Bethera: Berea Community Center;

(3)     Bonneau: Fire Department;

(4)     Boulder Bluff-Goose Creek No. 1: Boulder Bluff Elementary

School;

(5)     Cainhoy: Cainhoy High School;

(6)     Carnes Cross Roads: Pine Ridge Fire Department;

(7)     Cordesville: Fire Department;

(8)     Cross: Cross Elementary School;

(9)     Eadytown: Fire Department;

(10) Goose Creek No. 2: Goose Creek High School;

(11) Hanahan: Hanahan High School;

(12) Hilton Cross Roads: Sandridge Fire Department;

(13) Huger: Huger Fire Department;

(14) Jamestown: Fire Department;

(15) Lebanon: Lebanon Men's Club;

(16) Macedonia: Macedonia High School;

(17) McBeth: Santee Circle Fire Department;

(18) Moncks Corner: Berkeley Middle School;

(19) Pimlico: Community Center;

(20) Pinopolis: Berkeley High School;

(21) Russellville: Gourdine School;

(22) Shulerville: Fire Department;

(23) St. Stephen: St. Stephen Middle School;

(24) Wassamassaw: New Hope Community Center;

(25) Westview-Goose Creek No. 3: Westview Elementary School;

(26) Whitesville-Berkeley: Whitesville Elementary School;

(27) Wide Awake: Stratford High School;

(28) Absentee: Voter Registration Office.

(B)     The precinct lines defining the above precincts provided for in subsection (A) are as shown on maps filed with the clerk of court of the county and also on file with the State Election Commission as provided and maintained by the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board and as shown on certified copies of the official map provided by the division to the State Election Commission and the Berkeley County Board of Voter Registration.

The boundaries of the Russellville and Eadytown precincts are as follows:

Russellville: Beginning at the intersection of the Santee River and Highway 52 and proceeding along the following course: Southwest on Highway 52 to unnamed branch of Crawl Creek; south on the branch to state road 45; southeast on state road 45 to unnamed, unpaved road; south on the road to state road 18; west on state road 18 to state road 35; southeast on state road 35 to Walker Swamp; southeast on Walker Swamp to Highway 52; following Highway 52 one and six-tenths miles south until intersecting with paved road to the right at Wilder; follow this paved road west passing through intersection with road 35 and follow road until it ends; follow a line southwest for approximately one mile until reaching an inlet of water; follow the east shoreline approximately one-half mile; from this point follow a line approximately five and one-half miles to an imaginary point in Lake Moultrie; from that point extends a line north to the intersection with an unnamed, unpaved road (which has Maude Callen Health Clinic on the right and Redeemer Church on the left); north on that road to state road 45; east on state road 45 to second unnamed, unpaved road; north on that road to unnamed branch; north on the branch to the Santee River; east on river to point of origin.

Eadytown: Beginning at the intersection of the line that extends through Lake Marion and intersects the Santee River and proceeding along the following course: East on the Santee River to an unnamed branch that extends south to an unnamed, unpaved road just east of Tower Hill Plantation; south on the road to state road 45; west on state road 45 to unnamed, unpaved road; south on the road to the line that extends into the center of Lake Moultrie from that point there is a line that extends in a northwest direction which intersects with Diversion Canal; northwest on canal to the point which extends through Lake Marion from that point to the point of origin.

The voting place for the Russellville precinct is the J. K. Gourdine School and the voting place for the Eadytown precinct is the Eadytown Fire Station."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

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

On motion of Rep. H. BROWN, with unanimous consent, it was ordered that S. 1404 be read the third time tomorrow.

The following was received from the Senate.

Columbia, S.C., March 27, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 946:
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.
Very respectfully,
President

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

Whereupon, the Chair appointed Reps. LIMEHOUSE, DERRICK and GENTRY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burriss, M.D.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Ferguson               Gentry
Glover                 Gordon                 Hallman
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Lanford                Limehouse              Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
White                  Wilkes                 Wilkins
Williams, D.           Williams, J.           Winstead
Wright

I came in after the roll call and was present for the Session on March 29, 1990.

Dave C. Waldrop                   Samuel R. Foster
Rick Quinn                        Ken Bailey
George H. Bailey                  Robert Hayes
Holly A. Cork                     Thomas E. Huff
T.M. Burriss                      Roland S. Corning
John G. Felder                    Paul M. Burch
Jack Gregory                      Alex Harvin, III

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

The SPEAKER granted Reps. WOFFORD, RAMA and BARBER a leave of absence for the day to attend a Trident Chamber of Commerce Inner City visit.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 28.

Rep. BLANDING signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 27.

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1323 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARENDON HOSPITAL DISTRICT AND ITS BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE EX OFFICIO MEMBER OF THE BOARD WHO IS THE CHIEF OF THE MEDICAL STAFF OF THE CLARENDON MEMORIAL HOSPITAL SHALL HAVE VOTING PRIVILEGES.

S. 1215 -- Finance Committee: A BILL TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".

S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.

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

H. 4884 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".

H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.

H. 4505 -- Rep. Altman: A BILL TO AMEND SECTION 56-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF OBSOLETE RECORDS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO DELETE THE PROVISION ALLOWING THE DEPARTMENT TO DESTROY RECORDS WHICH HAVE BEEN MAINTAINED ON FILE FOR FIVE YEARS; AND TO REPEAL SECTION 56-19-490 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT FILE AND MAINTAIN SURRENDERED CERTIFICATES OF TITLE.

H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.

H. 4439 -- Rep. Winstead: A BILL TO AMEND SECTIONS 16-13-10, 16-13-230, 16-13-240, AND 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF FORGERY, BREACH OF TRUST WITH FRAUDULENT INTENT, OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, AND DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF THESE SECTIONS THE STATE IS NOT REQUIRED TO ESTABLISH AND IT IS NO DEFENSE THAT SOME OF THE ACTS CONSTITUTING THE CRIME DID NOT OCCUR IN THIS STATE OR WITHIN ONE CITY, COUNTY, OR LOCAL JURISDICTION.

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

S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.

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

H. 4895 -- Reps. Townsend, Kay, P. Harris, Chamblee and Cooper: A BILL TO AMEND ACT 549 OF 1973, RELATING TO THE BROADWAY WATER AND SEWERAGE DISTRICT IN ANDERSON COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4895 be read the third time tomorrow.

Rep. LIMEHOUSE moved to adjourn debate upon the following Bill until Tuesday, April 10, which was adopted.

H. 4724 -- Reps. Limehouse, Neilson, Mappus, McLeod, Taylor, Ferguson, G. Bailey, Derrick, T.C. Alexander, Wells, T.M. Burriss, R. Brown, M.O. Alexander, L. Martin, J. Bailey, Koon and Kohn: 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.

The following Bill was taken up.

S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, March 7, by Rep. NESBITT.

Rep. NESBITT explained the amendment.

The amendment was then adopted.

Rep. BENNETT proposed the following Amendment No. 3 (Doc. No. 0991X), which was adopted.

Amend the bill, as and if amended, Section 27-9-90, as contained in SECTION 1, by adding after the first sentence of the second paragraph: /Only an entity which has statutory authority to condemn land may exercise the power of eminent domain to obtain conservation restrictions./

Amend title to conform.

Rep. BENNETT explained the amendment.

The amendment was then adopted.

Rep. BENNETT explained the Bill.

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

The following Bill was taken up.

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 Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0866X).

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2.     Section 22-8-40(E) of the 1976 Code is amended to read:

"(E)     A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year, or in an amount provided to employees of that county during the current year, whichever is greater. The base salaries provided for in this Part section must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year pursuant to this subsection."

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

Amend title to conform.

Rep. GENTRY explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 3, which was adopted.

The following Bill was taken up.

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.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 28, by the Committee on Labor, Commerce and Industry.

Rep. G. BAILEY explained the amendment.

Reps. KEESLEY, J.W. JOHNSON and HASKINS objected to the Bill.

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

Rep. BEASLEY moved to adjourn debate upon the following Bill until Tuesday, April 3, which was adopted.

S. 911 -- Senators Moore, Holland, Rose, Hinson and Giese: A BILL TO AMEND SECTION 56-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF ITEMS IN APPLYING FOR A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO ALLOW ANY REASONABLY RELIABLE DOCUMENT CONTAINING THE APPLICANT'S SOCIAL SECURITY NUMBER TO SERVE AS SUFFICIENT PROOF OF THE EXISTENCE AND VALIDITY OF THEIR SOCIAL SECURITY NUMBER AND TO PROVIDE THAT THE SOCIAL SECURITY NUMBER MAY BE OBTAINED FROM OTHER SOURCES.

The following Bill was taken up.

S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 28, by the Committee on Judiciary.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 2 (Doc. No. 1319X), which was tabled.

Amend the bill, as and if amended, Section 45-9-10(A), as contained in SECTION 1, page 1, line 44, after /religion,/ by inserting /gender,/.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. WILKINS spoke against the amendment and moved to table the amendment, which was agreed to.

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

On motion of Rep. FANT, with unanimous consent, it was ordered that S. 1157 be read the third time tomorrow.

The following Bill was taken up.

H. 3303 -- Reps. Sturkie, G. Bailey, Whipper, Klapman, Cork, White, J. Brown, Kohn, Barber, Rama, Hallman, Wright, McGinnis, Quinn, Nesbitt, Littlejohn, H. Brown, Jaskwhich, Haskins, Wofford and Fant: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. BARFIELD moved to adjourn debate upon the Bill.

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

Rep. BARFIELD objected to the Bill.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 02831).

Amend the bill, as and if amended, by striking all after the title and inserting the following:

"WHEREAS, it is desirable to accommodate the needs of non-smokers to be free from exposure to tobacco smoke while in public indoor places; and

WHEREAS, the Clean Indoor Air Act is an appropriate action to achieve this important objective, NOW, THEREFORE,

BE IT ENACTED by the General Assembly of the State of South Carolina:

SECTION 1: This Act may be cited as the Clean Indoor Air Act of 1990.

SECTION 2: It is unlawful for any person to smoke, or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for herein:

(1)     Public schools, including pre-schools and day care centers, except in enclosed private offices and teacher lounges.

(2)     Health care facilities as defined in Section 44-7-130 of the Code of Laws of South Carolina, except where smoking areas are designated in employee break areas. No section of this Act shall prohibit or preclude a health care facility from being smoke free.

(3)     Government buildings (except health care facilities as provided for herein), except that smoking shall be allowed in private offices and designated areas of employee break areas; provided that smoking policies in the State Capitol and Legislative Office Buildings shall be determined by the office of government having control over that area of the buildings. "Government buildings" shall mean buildings or portions thereof which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof which are leased to other organizations or corporations.

(4)     Elevators.

(5)     Public transportation vehicles, except for taxicabs.

(6)     Arenas and auditoriums of public theatres or public performing art centers; except that smoking areas may be designated in foyers, lobbies or other common areas; and smoking is permitted as part of a legitimate theatrical performance.

SECTION 3: In areas where smoking is permitted in Section 2 of this Act, the owner, manager, or agent in charge of the premises or vehicle referenced in Section 2 shall conspicuously display signs designating smoking and non-smoking areas alike, except that signs are not required in private offices.

SECTION 4: In complying with Section 3, the owner, manager or agent in charge of the premises shall make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas by the use of existing physical barriers and ventilation systems.

SECTION 5: A person who violates Section 2, 3, or 4 of this Act is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than twenty-five dollars.

SECTION 6: No person in this State is authorized to require any other person to submit to any form of testing to determine whether or not the person has nicotine or other tobacco residue in his body.

SECTION 7: This Act takes effect on the first day of the third month following approval by the Governor."

Amend title to conform.

Rep. BAKER explained the amendment.

Rep. R. BROWN objected to the Bill.

Rep. BAKER continued speaking.

Rep. HOLT objected to the Bill.

Rep. CHAMBLEE moved to adjourn debate upon the following Bill until Wednesday, April 4, which was adopted.

H. 4388 -- Reps. Rudnick, Smith, Sharpe and Huff: A BILL TO AMEND SECTION 58-23-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TAXIS IN COUNTIES CONTAINING A CITY HAVING A POPULATION IN EXCESS OF SEVENTY THOUSAND PERSONS, SO AS TO REDUCE THIS POPULATION REQUIREMENT TO TEN THOUSAND PERSONS.

Rep. COOPER withdrew his objection to H. 3944 however, other objections remained upon the Bill.

On motion of Rep. McTEER, with unanimous consent, the following Bill was recalled from the Committee on Rules and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

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

The Senate amendments to the following Bill were taken up for consideration.

S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.

Rep. BEASLEY moved to adjourn debate upon the Senate amendments until Tuesday, April 3, which was adopted.

The Senate amendments to the following Bill were taken up for consideration.

H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.

Rep. KLAPMAN moved to adjourn debate upon the Senate amendments until Wednesday, April 4, which was adopted.

The Senate amendments to the following Bill were taken up for consideration.

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

Rep. J. BAILEY explained the Senate amendment.

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

The Senate amendments to the following Bill were taken up for consideration.

H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.

Rep. McLELLAN explained the Senate amendment.

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

The Senate amendments to the following Bill were taken up for consideration.

H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

The Senate amendments to the following Bill were taken up for consideration.

H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.

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

The Senate amendments to the following Bill were taken up for consideration.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

Rep. McGINNIS moved to adjourn debate upon the Senate amendments until Tuesday, April 3, which was adopted.

The following Concurrent Resolution was taken up.

H. 4554 -- Charleston Delegation: A CONCURRENT RESOLUTION URGING THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONSTRUCT A RAMP LEADING FROM THE PEARMAN BRIDGE AS AN OVERPASS TO PROVIDE COMMERCIAL MOTOR VEHICLE TRAFFIC ACCESS TO HIGHWAY 17 SOUTH AND INTERSTATE 26 AND URGING THE DEPARTMENT TO ELIMINATE COMMERCIAL MOTOR VEHICLE TRAFFIC THROUGH RESIDENTIAL NEIGHBORHOODS IMMEDIATELY AND PROVIDE AN ALTERNATE COMMERCIAL MOTOR VEHICLE ROUTE THROUGH THE PERIMETER OF THE RESIDENTIAL NEIGHBORHOODS.

Whereas, the vehicular traffic in the vicinity of the Grace Memorial and Pearman Bridges over the Cooper River has increased in volume affecting the residential character of the Jackson Street and Nassau Street areas; and

Whereas, the present commercial motor vehicle traffic route is directed through these areas which include two schools and a playground; and

Whereas, as a result of this traffic human lives have been lost each year, most recently in the death of a resident in a hit and run accident; and

Whereas, this traffic contributes to a twenty-four hour a day elevated noise level in addition to the hazardous safety condition. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, urge the South Carolina Department of Highways and Public Transportation to construct a ramp leading from the Pearman Bridge as an overpass to provide commercial motor vehicle access to Highway 17 South and Interstate 26, and urge the department to immediately eliminate the present commercial motor vehicle traffic route through these residential neighborhoods and provide an alternate route that does not impact on the Jackson-Nassau Streets area by using commercial streets on the perimeter and the neighborhood.

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

The following Concurrent Resolution was taken up.

H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.

Whereas, the current United States Army budget submission to Congress has identified the Army JROTC program for a cut of five million dollars this year, with the elimination of all eight hundred thirty-three units and one hundred thirty-three thousand cadets in the following fiscal year; and

Whereas, once before -- in 1963 -- a similar attempt was made to gut the JROTC program, but the attempt failed because of a tremendous grass roots appeal to retain this outstanding and much-needed program; and

Whereas, the same strong grass roots sentiment favoring the JROTC program is still present in this country; and

Whereas, the JROTC program in the United States builds citizenship, good character, self-discipline, and leadership and has a unique ability to promote self-esteem; and

Whereas, through these character-building aspects and services, JROTC does its share toward fighting the drop-out problem and drugs in America's schools; and

Whereas, approximately twelve thousand young men and women join the armed services of this great nation every year, capitalizing on the tangible benefits offered by JROTC while contributing to the country's national defense; and

Whereas, clearly it would be a terrible mistake to destroy the JROTC program by agreeing with the Army's proposals and recommendations. 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, urges Congress to restore the cut of five million dollars proposed by the United States Army for the Army JROTC program in the current Army budget submission and to reject the Army's proposed elimination of all JROTC units and cadets in the following fiscal year.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, each member of this State's congressional delegation, the Honorable Sam Nunn, Chairman of the United States Senate Armed Services Committee, and the Honorable Les Aspin, Chairman of the United States House Armed Services Committee, all at Washington, D.C.

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

The following Concurrent Resolution was taken up.

H. 4681 -- Reps. Limehouse, Kohn, G. Bailey and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF THE SAW MILL BRANCH ROAD PROJECT IN DORCHESTER COUNTY, UPON ITS COMPLETION, AS THE "BERLIN G. MYERS PARKWAY".

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

That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to name that portion of the Saw Mill Branch Road Project in Dorchester County, upon its completion, as the "Berlin G. Myers Parkway".

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Highways and Public Transportation Commission.

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

The following Concurrent Resolution was taken up.

H. 4750 -- Reps. Sharpe, Rudnick, Huff and Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN WAGENER AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

Amend Title To Conform

Whereas, the late Otis Baughman, Sr., of Wagener served with distinction as a state highway commissioner in 1946 and 1947 and in so doing contributed enormously to the development of Aiken County; and

Whereas, it is appropriate that this distinguished career in public service be commemorated by a memorial highway. Now, therefore,

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

That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to designate and name in Aiken County that portion of South Carolina Highway 302 between Wagener and the Lexington County line as the Otis Baughman, Sr., Memorial Highway.

Be it further resolved that a copy of this resolution be forwarded to the Highways and Public Transportation Commission.

Rep. SHARPE proposed the following Amendment No. 1 (Doc. No. 1132X), which was adopted.

Amend the Resolution, as and if amended, by striking the first Whereas clause and inserting:

/Whereas, the late Otis Baughman, Sr., of Wagener served with distinction as a state highway commissioner in 1946 and 1947 and in so doing contributed enormously to the development of Aiken County; and/

Amend title to conform.

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

The following Concurrent Resolution was taken up.

S. 842 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF AIR BASE ROAD IN RICHLAND COUNTY AS "ROBERT H. MORRELL ROAD".

Whereas, General Robert Hanley Morrell was born within three miles of McEntire Air National Guard Base at Horrell Hill in Richland County; and

Whereas, General Morrell was the son of Howell Morrell, a former member of the South Carolina House of Representatives and founder and principal of Horrell Hill School; and

Whereas, General Robert H. Morrell started his military career in 1936 as a member of the Marine Corps Reserves, but he was not destined to remain a foot soldier for long; and

Whereas, after leaving the Marine Corps, General Morrell entered the Army Air Corps pilot training program in February, 1941. He served in a variety of assignments stateside, including a stint as consultant to author John Steinbeck, who was writing a book for the Army Air Corps; and

Whereas, General Morrell left the Air Corps in June, 1946, and that September became South Carolina's first Air Guard officer. He also became a full-time Guard maintenance officer and technician; and

Whereas, the General served on active duty during the Korean Conflict from October, 1950, to July, 1952; and during the Berlin Crisis from November, 1961, to November 1962; and

Whereas, General Morrell has amassed six thousand three hundred flying hours during his twenty-eight years of military flying. He has flown the L-16, L-17, B-26, C-47, P-51, T-33, F-86, F-86L, F-104, and F-102; and

Whereas, General Morrell was named chief of staff in May, 1961, after the death of General Barnie B. McEntire. His promotion to Brigadier General came in December, 1964; and

Whereas, the General retired from active service on September 14, 1976; and

Whereas, naming a portion of Air Base Road, more specifically described as S. 223 beginning at its intersection with S. 222 (Old Hopkins Road) and running southeasterly to the intersection with S. C. 769 and continuing on S. C. 769 southeasterly and south to the intersection of S. C. 769 and S. C. 48 (Bluff Road), is a fitting tribute to this outstanding South Carolinian. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to name a portion of Air Base Road in Richland County as "Robert H. Morrell Road".

Be it further resolved that appropriate markers be erected to indicate this road.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.

The Concurrent Resolution was adopted and ordered returned to the Senate.

The following Concurrent Resolution was taken up.

S. 1173 -- Senators McGill, Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF AGRICULTURE OF THE UNITED STATES TO SEND A FACT-FINDING TEAM TO SOUTH CAROLINA SO AS TO ASSESS THE RECENT DAMAGES SUFFERED BY THE FARMERS OF THE STATE AS A RESULT OF HURRICANE HUGO AND TO PROVIDE FINANCIAL ASSISTANCE.

Whereas, on September twenty-first and twenty-second of 1989, South Carolina was devastated by Hurricane Hugo, the worst natural disaster ever to occur in South Carolina; and

Whereas, Hurricane Hugo caused a situation of catastrophic proportions and presented an assortment of problems of unequaled difficulty for farmers in South Carolina; and

Whereas, this disaster followed the 1986 drought which pushed many farmers, already in trouble because of the depressed agricultural economy, to the brink of collapse; and

Whereas, the federal government has failed to reverse the plight of the devastated farmers in South Carolina through financial assistance, including grant programs and other needed aid; and

Whereas, if South Carolina farmers do not receive adequate aid in the form of grants from the federal government, it will result in higher agricultural prices for the citizens of the United States. Now, therefore,

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

That the members of the General Assembly of South Carolina memorialize Congress and the Secretary of Agriculture of the United States to create a fact-finding team to study the effects of the recent natural disasters to South Carolina farmers and to enact legislation which would provide needed economic assistance, through the use of grants, to the devastated farmers in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, the United States Secretary of Agriculture and each member of the South Carolina Congressional Delegation.

The Concurrent Resolution was adopted and ordered returned to the Senate.

The following Concurrent Resolution was taken up.

S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives at 12:00 noon on Wednesday, May 2, 1990, for the purpose of electing successors to the members of the Health and Human Services Finance Commission from the first, third, and fifth Congressional Districts.

The Concurrent Resolution was adopted and ordered returned to the Senate.

Rep. BLACKWELL moved that the House recur to the morning hour, which was agreed to.

Rep. McGINNIS moved that the House do now adjourn.

Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Bennett                Holt                   McCain

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Baker
Blackwell              Blanding               Brown, G.
Brown, H.              Bruce                  Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Derrick                Elliott
Fair                   Farr                   Gentry
Gordon                 Hallman                Harrison
Haskins                Hayes                  Hendricks
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Klapman                Lanford
Limehouse              Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McGinnis               McLellan
McLeod                 McTeer                 Moss
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Stoddard
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
White                  Wilkins                Williams, J.
Wright

So, the House refused to adjourn.

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

H. 4915 -- Rep. Wright: A JOINT RESOLUTION TO PROVIDE THAT THE MARCH 12, 1990, SCHOOL DAY MISSED BY STUDENTS OF SEVEN OAKS ELEMENTARY SCHOOL IN LEXINGTON COUNTY SCHOOL DISTRICT 5, WHEN THE SCHOOL WAS DAMAGED BY FIRE, IS EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.

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

H. 4916 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT 1, ITS GOVERNING BODY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-THREE THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

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

H. 4917 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-2-612, SO AS TO PROVIDE THAT FOR DECEDENTS DYING AFTER DECEMBER 31, 1988, A MAXIMUM MARITAL DEDUCTION FORMULA IN A WILL OR TRUST MUST BE CONSTRUED TO MEAN THE MAXIMUM PERMITTED BY SECTION 2056 OF THE INTERNAL REVENUE CODE OF 1986 AS AMENDED THROUGH DECEMBER 31, 1988.

Referred to Committee on Judiciary.

H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 4919 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-70 SO AS TO PROVIDE FOR A LAW ENFORCEMENT OFFICER TO PRESENT APPROPRIATE IDENTIFICATION IMMEDIATELY UPON STOPPING A DRIVER FOR A MOTOR VEHICLE VIOLATION.

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

H. 4920 -- Rep. Corning: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONS PROVIDED IN THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE EXCEPTION FOR THE CONSTRUCTION, MAINTENANCE, AND REPAIR OF BRIDGES, HIGHWAYS, AND ROADS; VEHICLE AND ROAD EQUIPMENT MAINTENANCE AND REPAIR; AND OTHER EMERGENCY EQUIPMENT UTILIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Judiciary.

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 4915 be read the second time tomorrow.

On motion of Rep. GENTRY, with unanimous consent, it was ordered that H. 4916 be read the second time tomorrow.

The following Bill was taken up.

H. 4445 -- Reps. P. Harris, Blackwell, Waldrop, Moss, Ferguson, Cooper, Felder and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0286l), which was adopted.

Amend the bill, as and if amended, in Section 44-66-20 (3) by striking the words /'Physician' means a person who is licensed to practice medicine or osteopathy under Chapter 47 of Title 40/ and inserting the words /'Health care professional' means a person who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public/ so that the item reads:

"(3) 'Health care professional' means a person who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public."

Further amend the bill in Section 44-66-60 by inserting a new item (C) which reads:

"(C) This section does not limit the evidence on which a court may base a determination of a patient's intent in any judicial proceeding."

Amend title to conform.

Rep. BAKER explained the amendment.

The amendment was then adopted.

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

On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that H. 4445 be read the third time tomorrow.

The following Bill was taken up.

H. 4534 -- Reps. Felder, Blackwell, Cooper, Ferguson, Moss and White: A BILL TO AMEND CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO CREATE GROUPINGS DESIGNATED AS ARTICLE 1, "GENERAL PROVISIONS", ARTICLE 2, "MEDICALLY INDIGENT ASSISTANCE ACT", AND ARTICLE 3, "CHILD DEVELOPMENT SERVICES"; AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR PROCEDURES FOR INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0282l), which was adopted.

Amend the bill, as and if amended, in Section 44-6-440 (C) (2) by deleting the words /Section 44-7-460/ and inserting /Section 44-6-460/ so that the item reads:

"(2) allow the nursing home to remove or remedy the conditions in accordance with Section 44-6-460;"

Amend title to conform.

Rep. MOSS explained the amendment.

The amendment was then adopted.

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

On motion of Rep. MOSS, with unanimous consent, it was ordered that H. 4534 be read the third time tomorrow.

The following Bill was taken up.

H. 4578 -- Reps. Keyserling, J. Bailey, Nesbitt, T. Rogers and H. Brown: A BILL TO AMEND CHAPTER 1, TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, SO AS TO EXPAND THE DEFINITION OF "PUBLIC BODY" AND DEFINE "PUBLIC RECORD" AS IT IS DEFINED IN SECTION 30-4-20 (FREEDOM OF INFORMATION), TO DESIGNATE THE CHIEF ADMINISTRATIVE OFFICER OF AN AGENCY, SUBDIVISION, OR PUBLIC BODY AS THE LEGAL CUSTODIAN OF PUBLIC RECORDS INSTEAD OF THE OFFICIAL IN CHARGE OF THE OFFICE HAVING THE PUBLIC RECORD, TO INCREASE THE PENALTY FOR REMOVING A PUBLIC RECORD FROM THE OFFICE IN WHICH IT IS USUALLY KEPT OR ALTERING, DEFACING, MUTILATING, SECRETING, OR DESTROYING A RECORD, TO REQUIRE THE LEGAL CUSTODIAN OF PUBLIC RECORDS TO ADEQUATELY PROVIDE PROTECTION FOR THESE RECORDS, TO REQUIRE THE DEPARTMENT OF ARCHIVES AND HISTORY TO DEVELOP STANDARDS, PROCEDURES, TECHNIQUE, AND SCHEDULES FOR EFFECTIVE MANAGEMENT OF PUBLIC RECORDS AND INSTITUTE AND MAINTAIN A TRAINING AND INFORMATION PROGRAM IN ALL PHASES OF RECORDS AND INFORMATION MANAGEMENT FOR THE EFFICIENT AND ECONOMICAL MANAGEMENT OF RECORDS AND BRING THIS PROGRAM TO THE ATTENTION OF ALL AGENCIES AND SUBDIVISIONS, TO AUTHORIZE THE DEPARTMENT TO REVIEW ALL PUBLIC RECORDS FOR THE PURPOSE OF ESTABLISHING RECORDS SCHEDULES WHICH MAY BE ISSUED BY THE DEPARTMENT AS REGULATIONS WHICH MAY SET MINIMUM AND MAXIMUM RETENTION PERIODS FOR PUBLIC RECORDS, TO AUTHORIZE THE DEPARTMENT TO WAIVE ITS AUTHORITY TO REVIEW RECORDS UNDER CERTAIN CIRCUMSTANCES, TO PROHIBIT THE DISPOSAL OR DESTRUCTION OF RECORDS WITHOUT AN APPROVED RECORDS SCHEDULE, TO REQUIRE THE EXECUTIVE OFFICER OF EACH PUBLIC AGENCY OR BODY AND THE GOVERNING BODY OF EACH SUBDIVISION TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING A SUITABLE MEDIUM FOR THE RETENTION OF ARCHIVAL RECORDS, TO DELETE THE AUTHORITY OF THE DEPARTMENT TO WITHHOLD FROM PUBLIC INSPECTION CERTAIN RECORDS AND AUTHORIZE THE DIRECTOR TO WITHHOLD FROM PUBLIC ACCESS RECORDS FOR SPECIFIC REASONS, TO CHANGE THE MANNER IN WHICH THE DETERMINATION IS MADE FOR THE DESTRUCTION OF CERTAIN RECORDS, TO ALLOW THE REMOVAL OF RECORDS FOR MICROFILMING FOR PRESERVATION PURPOSES, AND TO INCREASE THE PENALTY FOR THE REFUSAL OR WILFUL NEGLECT OF A PUBLIC OFFICIAL OR CUSTODIAN OF PUBLIC RECORDS TO PERFORM ANY DUTY REQUIRED OF HIM BY SECTIONS 30-1-10 THROUGH 30-1-140.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 0280l), which was adopted.

Amend the bill, as and if amended, in the first sentence of Section 30-1-50 by striking the word /neglects/ and inserting the word /fails/ so that when amended it reads:

/Fifteen days after receipt of a certified letter from the legal custodian of the record or the Director of the Archives, Any a person in possession of a public record who refuses or neglects fails within fifteen days after written request is made to him by the legal custodian of the record or by the Director of the Archives to deliver as herein required such in this chapter the public records record to the requesting party shall be is guilty of a misdemeanor

and, upon conviction, be is fined not exceeding five hundred dollars./

Further amend the bill in Section 30-1-60 by striking the words /or the public interest is best served by not disclosing them/ so that when amended the section reads:

/Every person having custody of public records shall permit them to be inspected and examined at reasonable times and under his supervision by any person unless such the records by law must be withheld, or the public interest is best served by not disclosing them, and he shall furnish, upon reasonable request and at a reasonable fee, certified copies of public records not restricted by law or withheld from use in the public interest./

Further amend the bill in the first sentence of (B) of Section 30-1-100 by striking the word /may/ and inserting the word /must/, and by striking the words /at reasonable cost/ and inserting the words /as provided by Section 30-4-30/, so that when amended the sentence reads:

/In order to make public records more available for research the Archives may must honor reasonable requests for copies of public records of research value by reproducing and selling them at reasonable cost as provided by Section 30-4-30./

Further amend the bill in the second sentence of (D) of Section 30-1-100 by inserting the word /original/ so that when amended the sentence reads:

/The director may withhold from public access records restricted under the provisions of Chapter 4 of this title or restrict use of original records in danger of damage or loss from handling and use when in the opinion of the director the physical condition of the public records of other documents is such that they would be damaged by handling./

Amend title to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

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

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Wednesday, April 4, which was adopted.

H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.

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

H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.

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

Rep. BAKER explained the Bill.

S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.

Rep. BLACKWELL asked unanimous consent that H. 4789 be read a third time tomorrow.

Rep. LIMEHOUSE objected.

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 1250 be read the third time tomorrow.

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, April 4, which was adopted.

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.

The following Bill was taken up.

H. 4675 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Klapman and McLellan: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTURE FOR SIX YEARS; AND TO AMEND SECTION 40-28-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO DELETE THE PROHIBITION AGAINST THE USE OF THE TITLE LANDSCAPE ARCHITECT BY CORPORATIONS AND PARTNERSHIPS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0979X), which was adopted.

Amend the bill, as and if amended, Section 40-28-160, as contained in SECTION 2, by striking items (b) and (c) and inserting:

/(b)     A corporation or partnership desiring a certification of authorization shall file with the board an application, on forms provided by the board, listing relevant information, including the names and addresses of all officers and members of the corporation, or officers and partners of the partnership, and also of an individual or individuals duly licensed to practice landscape architecture in this State who shall be in responsible charge of the practice of landscape architecture in this State through the corporation or partnership, and other information required by the board accompanied by an original authorization fee to be determined by the board. A form, giving the same information, must accompany the annual renewal fee to be determined by the board. In the event there should be a change in any of these persons during the year, such change shall be designated on the same form and filed with the board within thirty days at the effective date of the change. If all of the requirements of this section are met, the board shall issue a certificate of authorization to such corporation or partnership, and such corporation or partnership shall be authorized to contract for and to collect fees for landscape architectural services. A corporation or partnership issued a Certificate of Authorization to provide or offer to provide landscape architectural services to the public in this State shall:

(1)     submit an initial fee and file with the board, on a form prescribed by the board, a listing of names and addresses of all principals and officers, as well as all principals, officers, agents, and employees, who are in responsible charge of the practice in this State and are licensed to practice landscape architecture in this State;

(2)     insure that all documents involving the practice of landscape architecture which are prepared for the use of the corporation or partnership bear the signature and seal of a landscape architect registered and licensed in this State;

(3)     advise the board in writing within thirty days of a change in status of a principal, officer, agent, or employee registered and licensed under this chapter;

(4)     have a resident landscape architect duly registered to practice in this State in responsible charge of a place of business maintained in this State for the purpose of providing or offering to provide landscape architectural services to the public;

(5)     file a form giving current information, as prescribed in (1) above, with the annual renewal fee to be determined by the board.

(3)(c)     No such corporation or partnership shall be is relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with the provisions of this section, nor shall any is an individual practicing landscape architecture as defined in Section 40-28-10 be relieved of responsibility of landscape architectural services performed by reason of his employment or relationship with such the corporation or partnership.

(d)     Disciplinary action against a corporation or partnership must be administered in the same manner and on the same grounds as disciplinary action against a registered landscape architect./

Amend title to conform.

Rep. G. BAILEY explained the amendment.

The amendment was then adopted.

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

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4675 be read the third time tomorrow.

The following was received.
Columbia, S.C., March 29, 1990

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. SIMPSON the invitation was accepted.

Rep. McEACHIN moved that upon completion of the Ratification of Acts, that the House stand adjourned, which was agreed to.

The following Bill was taken up.

H. 4694 -- Reps. Littlejohn, G. Bailey, Koon, Sharpe, Bruce, J. Bailey, Holt, Wells, Moss, Whipper, Corbett, Gordon, Smith, L. Martin, Fair, Vaughn, Keegan, Farr, McGinnis and Cole: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.

Rep. G. BAILEY explained the Bill.

Rep. L. MARTIN moved to adjourn debate upon the Bill until Tuesday, April 3, which was adopted.

Rep. MANLY moved to adjourn debate upon the following Bill until Tuesday, April 3, which was adopted.

H. 4619 -- Reps. Beasley, Hayes and Fair: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.

The following Bill was taken up.

H. 4678 -- Reps. Gregory, Kirsh, Short, Fair, J. Brown, Wilkins, McLellan and Klapman: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.

Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 1091o), which was adopted.

Amend the bill, as and if amended, by striking Section 1-20-50(B), as contained in SECTION 1, beginning on line 31 and page 2, and inserting:

/(B)     JUNE 30, 1991, is the termination date for:

(1)     Commissioners of Pilotage for the Port of Charleston

(2)     Polygraph Examiners

(3)     Private Detective and Private Security Agencies

(4)     Board of Registration for Foresters

(5)     South Carolina Coordinating Council for Economic Development.

(6)(5)     State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists

(7)(6)     The South Carolina Auctioneer's Commission

(8)(7)     The Commission of Hearing Aid Dealers and Fitters./.

Amend title to conform.

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

Rep. KLAPMAN moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 4653 -- Rep. J. Rogers: A BILL TO AMEND SECTION 40-47-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS FOR THE EXAMINATION OF PHYSICIANS, SO AS TO PROVIDE AN EXCEPTION FOR THE SPECIAL PURPOSE EXAMINATION REQUIREMENT AND FOR THE CIRCUMSTANCES UNDER WHICH THE REQUIREMENT APPLIES.

Rep. MOSS explained the Bill.

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

Rep. McGINNIS moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.

H. 3028 -- Rep. Gregory: A BILL TO AMEND SECTION 56-1-1090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONISSUANCE OF LICENSE AND RESTRICTION OF DRIVING PRIVILEGES TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT NO PETITION OR COURT ORDER IS REQUIRED FOR THE RESTORATION OF DRIVING PRIVILEGES AFTER THE EXPIRATION OF THE FIVE-YEAR WAITING PERIOD AND ALL FINANCIAL RESPONSIBILITY REQUIREMENTS HAVE BEEN FULFILLED.

Rep. RUDNICK moved to reconsider the vote whereby the following Bill was given a second reading.

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

Rep. WALDROP moved to table the motion to reconsider, which was agreed to by a division vote of 42 to 2.

I regret the passage of this legislation. I cannot believe that it is in the best interest of poor citizens of this state who are forced because of economic reasons to order drugs out of this state. I believe that it is unconstitutional, because this state cannot pass laws regulating the U.S. Mail service.

Rep. IRENE K. RUDNICK

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R432) S. 989 -- Senator Waddell: AN ACT 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.

(R433) S. 1198 -- Senators Setzler and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.

(R434) S. 627 -- Senator Patterson: AN ACT 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 WHILE EMPLOYED BY A SCHOOL DISTRICT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE, AND TO RESTORE NOT MORE THAN SIXTY DAYS OF SICK LEAVE OF CERTAIN EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION.

(R435) 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.

(R436) S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: AN ACT 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.

(R437) S. 904 -- Senator Saleeby: AN ACT 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.

(R438) S. 1044 -- Senator Pope: AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRUCK DRIVER TRAINING SCHOOLS, BY ADDING SECTION 56-1-2045 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.

(R439) 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.

(R440) S. 1325 -- Banking and Insurance Committee: AN ACT 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.

(R441) H. 4664 -- Reps. Phillips and Moss: AN ACT TO PROVIDE FOR THE FILING PERIOD IN WHICH CANDIDATES FOR ELECTION TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST FILE FOR OFFICE.

(R442) H. 3106 -- Rep. D. Martin: AN ACT TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF ANY ENTRANCE USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.

(R443) H. 3441 -- Reps. Winstead and Holt: AN ACT TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO THIRTY DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.

(R444) H. 4422 -- Rep. Snow: AN ACT TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.

(R445) H. 4583 -- Rep. Koon: AN ACT TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.

(R446) H. 4688 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR DEPARTMENT OF YOUTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1198, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R447) H. 4687 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1174, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R448) H. 4690 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1210, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R449) H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R450) H. 3744 -- Reps. Short and Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.

(R451) H. 4708 -- Rep. Corning: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.

(R452) H. 4615 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.

(R453) H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-23-55, SO AS TO DEFINE SAMPLE AS A UNIT OF A DRUG NOT INTENDED BY THE MANUFACTURER TO BE SOLD AND WHICH IS INTENDED TO PROMOTE THE SALE OF THE DRUG, PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM REQUIRING THE LABELING OF A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN DOES NOT REQUIRE A FEDERAL OR STATE CONTROLLED SUBSTANCE LICENSE TO DISPENSE, WHEN HE DISPENSES IT TO A PATIENT FOR NO CHARGE, TO REQUIRE THE PHYSICIAN TO LABEL THE SAMPLE IF IT IS NOT IN THE MANUFACTURER'S ORIGINAL PACKAGE, REQUIRE HIM TO GIVE ADEQUATE DIRECTIONS FOR USAGE IF DIRECTIONS ARE NOT PROVIDED ON THE MANUFACTURER'S PACKAGE, AND TO PROVIDE THAT THE LABELING EXEMPTION PROVIDED BY THIS SECTION DOES NOT APPLY WHEN MORE THAN ONE HUNDRED TWENTY DOSAGE UNITS OR A THIRTY-DAY SUPPLY OF A DRUG IN SOLID FORM OR EIGHT OUNCES IN LIQUID FORM IS DISPENSED.

(R454) H. 4547 -- Ways and Means Committee: AN ACT TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.

(R455) H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.

(R456) H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R457) H. 3793 -- Reps. Hearn, Wilder and Baxley: AN ACT TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OR OCCUPANT OF A PROPERTY REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO MAKE CERTAIN GRAMMATICAL CHANGES; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS AND TO PROVIDE THAT EACH DAY THE VIOLATION EXISTS CONSTITUTES A SEPARATE OFFENSE; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.

(R458) H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R459) H. 4689 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1209, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R460) H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R461) H. 4233 -- Reps. McLellan and L. Martin: AN ACT TO AMEND SECTION 50-11-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.

(R462) H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.

At 11:44 A.M. the House resumed, the SPEAKER in the Chair.

The Senate returned to the House with concurrence the following:

H. 4908 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOHN W. SIMMONS OF SPARTANBURG WHO WILL BE INSTALLED AS THE ONE HUNDRED TWENTY-SEVENTH PRESIDENT OF THE SOUTH CAROLINA MEDICAL ASSOCIATION ON APRIL 29, 1990.

H. 4909 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ASSOCIATION OF CERTIFIED PUBLIC ACCOUNTANTS UPON THEIR SEVENTY-FIFTH ANNIVERSARY.

At 11:45 A.M. the House in accordance with the motion of Rep. McEACHIN adjourned to meet at 10:00 A.M. tomorrow.

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