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:

Almighty God, above all yet near to each of us, remain with us as we go about the tasks of this day. Grant us strength and wisdom sufficient for all our duties. When the load is heavy, toil tedious and hours long, grant to us refreshments at the still waters of Your Word and at the green pastures of Your truths. Keep our words sincere, our minds clear and our service determined. Help us to build on whatever is good and right, and forgive us if Your beckoning voice is drowned by the clamor of the world around.

To You, O Lord, we render our praise and thanksgiving. 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 Report of the Joint Committee on Mental Health and Retardation and the Report of the Committee to Study all Aspects of Public Transportation in Both Rural and Urban Areas of the State were received and will be printed in the Senate Journal on Friday, June 1.

The following was received.
Columbia, S.C., May 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4476:
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Very respectfully,
President

No. 115

Received as information.

The following was received.
Columbia, S.C., May 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Land, J. Verne Smith and Hinds of the Committee of Free Conference on the part of the Senate on H. 3169:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Very respectfully,
President

No. 086

Received as information.

The following was received.
Columbia, S.C., May 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3169:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Very respectfully,
President

No. 117

Received as information.

The following was received from the Senate.

Columbia, S.C., May 30, 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 H. 4771:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
Very respectfully,
President

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

Whereupon, the Chair appointed Reps. DAVENPORT, WELLS and BRUCE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., May 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1149:
S. 1149 -- Senators Gilbert, Saleeby, Leatherman, Hinds, McGill and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 30, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3453:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Very respectfully,
President

No. 116

Received as information.

The following was received.

May 30, 1990
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3100, R-619, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT OR STRUCTURE IN WHICH A DWELLING UNIT IS LOCATED TO INSTALL BURGLAR BARS WITHOUT A QUICK-RELEASE MECHANISM AND PROVIDE A PENALTY FOR VIOLATION.
Although I certainly believe that the intent of this legislation is to protect individuals living in dwellings equipped with burglar bars from becoming trapped in the event of a fire or similar occurrence within the dwelling, I am nonetheless concerned about two particular aspects of this legislation.

First, I believe this legislation should be directed at rental property since the concern is for the protection of those tenants in rental units rather than for residents who make the personal decision to place burglar bars on their own home. Since this legislation does not make a distinction between rental property and personal residences, the criminal penalty (one year imprisonment) for violation of the statute seems inappropriate, and thus my second objection. To jail someone for placing burglar bars in their own residence seems draconian.

Because of these concerns, I am returning this legislation without my signature. I would welcome legislation that is more directed at the perceived problem, that is the safety issue for tenants when dwelling fire occurs.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Bailey, J.             Barber                 Baxley
Bennett                Brown, J.              Burch
Faber                  Farr                   Harris, J.
Harris, P.             Harvin                 Holt
Johnson, J.W.          Keesley                Keyserling
Kirsh                  Martin, D.             McBride
McTeer                 Nesbitt                Phillips
Rogers, T.             Sheheen                Smith
Taylor                 Tucker                 Waites
Washington             Whipper                White
Williams, D.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Barfield               Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, R.              Bruce                  Chamblee
Cole                   Cooper                 Corbett
Davenport              Derrick                Elliott
Fair                   Hallman                Harrison
Haskins                Hendricks              Hodges
Huff                   Keegan                 Klapman
Koon                   Limehouse              Littlejohn
Mappus                 Martin, L.             McCain
McGinnis               McKay                  McLellan
McLeod                 Moss                   Nettles
Quinn                  Rama                   Sharpe
Simpson                Waldrop                Wells
Wilder                 Wilkins                Williams, J.
Winstead               Wofford                Wright

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

The following was received.

May 30, 1990
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4939, R-617, an Act:
TO AMEND ACT 318 OF 1965, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS, RATHER THAN A MAXIMUM OF TWENTY THOUSAND DOLLARS.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states in concluding:
"A review of Act No. 318 of 1965 reveals that the Cherokee Springs Fire District is apparently located wholly within Spartanburg County and further that it would be a special purpose district (i.e., political subdivision). ...Thus, Article X, Section 14(8), of the State Constitution would govern the incurring of indebtedness of this District.
"Because the act is a special act and further an act for a particular county, constitutional questions arise as to validity under Article III, Section 34 (IX) and Article VIII, Section 7 of the State Constitution, respectively."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

May 30, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of May 24, 1990, you have asked that this Office review three ratified acts of the General Assembly and opine as to the constitutionality of each act.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

H. 5059, R-622

Ratified act number 622 of 1990 is an act to provide for tax millage to be levied in Charleston County for the fiscal year 1990-91 for certain local political subdivisions, agencies, and commissions. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of this act are most probably unconstitutional. For further discussions of the matter, I refer you to opinions of this Office dated May 8, 1989; June 3, 1988; May 22, 1987; June 4, 1986; June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980. Section eight would probably pass constitutional muster, as concluded in the opinions dated May 8, 1989; June 21, 1985; June 4, 1986; May 22, 1987; and June 3, 1988.

H. 5099, R-624

Ratified act number 624 of 1990 amends Act No. 1182 of 1968, relative to the Dunklin Fire District in Greenville County, so as to increase the authorized indebtedness from twenty-five thousand ($25,000) to one hundred fifty thousand dollars ($150,000). A review of Act No. 1182 of 1968 shows that the District is apparently located wholly within Greenville County and further that the District would be considered a special purpose district (i.e., political subdivision). See Op. Atty. Gen. No. 84-132 as to characteristics of special purpose districts generally.

Of particular concern is the language of the ratified act which permits the District to "borrow not exceeding one hundred fifty thousand dollars on terms and for a period the board may consider most beneficial for the fire district in anticipation of taxes." Article X, Section 14(8) of the State Constitution governs the incurring of indebtedness by political subdivisions of the State (including special purpose districts) when such is to be accomplished by tax anticipation notes; that subsection provides:
General obligation debt may also be incurred in anticipation in the collection of ad valorem taxes or licenses (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by general law. Such tax anticipation notes shall be secured by a pledge of such taxes or license fees and a pledge of the full faith, credit and taxing power of the political subdivision. All tax anticipation notes shall be expressed to mature not later than ninety days from the day as of which such taxes or license fees may be paid without penalty.

For this constitutional provision to be followed, the General Assembly must authorize the terms and conditions for issuance of tax anticipation notes by general law. In addition, such notes must be expressed to mature not later than ninety days from the date as of which taxes may be paid without penalty.

Because the act is particularly for the Dunklin Fire District of Greenville County, it is not a general law. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937). Thus, a court considering the issue could determine that the act is unconstitutional on its face, as violative of Article X, Section 14(8). Depending on the period of time for which the tax anticipation notes should be issued, if the period exceeds the ninety-day period expressed in Article X, Section 14(8), the act may be unconstitutional as applied.

Because the act is a special act and further an act for a particular county, constitutional questions arise as to validity under Article III, Section 34 (IX) and Article VIII, Section 7 of the State Constitution, respectively. As to the former, see Thomas v. Macklen, supra; as to the latter, see decisions such as Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976) and Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

H. 4939, R-617

Ratified act number 617 of 1990 relates to the Cherokee Springs Fire District in Spartanburg County, so as to authorize the Board of Fire Control for the District to borrow a maximum of two hundred thousand dollars ($200,000), rather than a maximum of twenty thousand dollars ($20,000). Amending Act No. 318 of 1965, the act provides in part that the District is authorized "To borrow not exceeding two hundred thousand dollars on terms and for a period as to the fire control board may seem most beneficial for the fire district in anticipation of taxes. The indebtedness must be evidenced by a note issued by the members of the board and the county treasurer."

A review of Act No. 318 of 1965 reveals that the Cherokee Springs Fire District is apparently located wholly within Spartanburg County and further that it would be a special purpose district (i.e., political subdivision). Cf., Op. Atty. Gen. 84-132. Thus, Article X, Section 14(8) of the State Constitution would govern the incurring of indebtedness of this District. For the reasons above expressed as to ratified act number 624 of 1990, the act bearing ratification number 617 of 1990 would suffer from the same constitutional difficulties expressed therein.

Conclusions

For the foregoing reasons, R-624, R-617, and all but section eight of R-622 would be constitutionally suspect. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

With kindest regards, I am

Sincerely,
Patricia D. Petway
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Bruce                  Cole                   Davenport
Lanford                Littlejohn             McGinnis
McTeer                 Wells

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.

May 30, 1990
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 5099, R-624, an Act:
TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states:
"A review of Act No. 1182 of 1968 shows that the District is apparently located wholly within Greenville County and further that the District would be considered a special purpose district (i.e., political subdivision).
"Because the act is particularly for the Dunklin Fire District of Greenville County, it is not a general law. ...Thus, a court considering the issue could determine that the act is unconstitutional on its face, as violative of Article X, Section 14(8)."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

May 30, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of May 24, 1990, you have asked that this Office review three ratified acts of the General Assembly and opine as to the constitutionality of each act.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

H. 5059, R-622

Ratified act number 622 of 1990 is an act to provide for tax millage to be levied in Charleston County for the fiscal year 1990-91 for certain local political subdivisions, agencies, and commissions. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of this act are most probably unconstitutional. For further discussions of the matter, I refer you to opinions of this Office dated May 8, 1989; June 3, 1988; May 22, 1987; June 4, 1986; June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980. Section eight would probably pass constitutional muster, as concluded in the opinions dated May 8, 1989; June 21, 1985; June 4, 1986; May 22, 1987; and June 3, 1988.

H. 5099, R-624

Ratified act number 624 of 1990 amends Act No. 1182 of 1968, relative to the Dunklin Fire District in Greenville County, so as to increase the authorized indebtedness from twenty-five thousand ($25,000) to one hundred fifty thousand dollars ($150,000). A review of Act No. 1182 of 1968 shows that the District is apparently located wholly within Greenville County and further that the District would be considered a special purpose district (i.e., political subdivision). See Op. Atty. Gen. No. 84-132 as to characteristics of special purpose districts generally.

Of particular concern is the language of the ratified act which permits the District to "borrow not exceeding one hundred fifty thousand dollars on terms and for a period the board may consider most beneficial for the fire district in anticipation of taxes." Article X, Section 14(8) of the State Constitution governs the incurring of indebtedness by political subdivisions of the State (including special purpose districts) when such is to be accomplished by tax anticipation notes; that subsection provides:
General obligation debt may also be incurred in anticipation in the collection of ad valorem taxes or licenses (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by general law. Such tax anticipation notes shall be secured by a pledge of such taxes or license fees and a pledge of the full faith, credit and taxing power of the political subdivision. All tax anticipation notes shall be expressed to mature not later than ninety days from the day as of which such taxes or license fees may be paid without penalty.

For this constitutional provision to be followed, the General Assembly must authorize the terms and conditions for issuance of tax anticipation notes by general law. In addition, such notes must be expressed to mature not later than ninety days from the date as of which taxes may be paid without penalty.

Because the act is particularly for the Dunklin Fire District of Greenville County, it is not a general law. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937). Thus, a court considering the issue could determine that the act is unconstitutional on its face, as violative of Article X, Section 14(8). Depending on the period of time for which the tax anticipation notes should be issued, if the period exceeds the ninety-day period expressed in Article X, Section 14(8), the act may be unconstitutional as applied.

Because the act is a special act and further an act for a particular county, constitutional questions arise as to validity under Article III, Section 34 (IX) and Article VIII, Section 7 of the State Constitution, respectively. As to the former, see Thomas v. Macklen, supra; as to the latter, see decisions such as Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976) and Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

H. 4939, R-617

Ratified act number 617 of 1990 relates to the Cherokee Springs Fire District in Spartanburg County, so as to authorize the Board of Fire Control for the District to borrow a maximum of two hundred thousand dollars ($200,000), rather than a maximum of twenty thousand dollars ($20,000). Amending Act No. 318 of 1965, the act provides in part that the District is authorized "To borrow not exceeding two hundred thousand dollars on terms and for a period as to the fire control board may seem most beneficial for the fire district in anticipation of taxes. The indebtedness must be evidenced by a note issued by the members of the board and the county treasurer."

A review of Act No. 318 of 1965 reveals that the Cherokee Springs Fire District is apparently located wholly within Spartanburg County and further that it would be a special purpose district (i.e., political subdivision). Cf., Op. Atty. Gen. 84-132. Thus, Article X, Section 14(8) of the State Constitution would govern the incurring of indebtedness of this District. For the reasons above expressed as to ratified act number 624 of 1990, the act bearing ratification number 617 of 1990 would suffer from the same constitutional difficulties expressed therein.

Conclusions

For the foregoing reasons, R-624, R-617, and all but section eight of R-622 would be constitutionally suspect. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

With kindest regards, I am

Sincerely,
Patricia D. Petway
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Blackwell              Cooper                 Fant
Haskins                Mattos

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.

May 30, 1990
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 5059, R-622, an Act:
TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1990-91 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1990-91.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states in concluding:
"Ratified act number 622 of 1990 is an act to provide for tax millage to be levied in Charleston County for the fiscal year 1990-91 for certain local political subdivisions, agencies, and commissions. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of this act are most probably unconstitutional..."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

May 30, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of May 24, 1990, you have asked that this Office review three ratified acts of the General Assembly and opine as to the constitutionality of each act.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

H. 5059, R-622

Ratified act number 622 of 1990 is an act to provide for tax millage to be levied in Charleston County for the fiscal year 1990-91 for certain local political subdivisions, agencies, and commissions. It has been, and continues to be, the opinion of this Office that sections one through seven and nine of this act are most probably unconstitutional. For further discussions of the matter, I refer you to opinions of this Office dated May 8, 1989; June 3, 1988; May 22, 1987; June 4, 1986; June 21, 1985; June 18, 1984; June 7, 1983; January 6, 1983; June 2, 1983; June 14, 1982; and June 6, 1980. Section eight would probably pass constitutional muster, as concluded in the opinions dated May 8, 1989; June 21, 1985; June 4, 1986; May 22, 1987; and June 3, 1988.

H. 5099, R-624

Ratified act number 624 of 1990 amends Act No. 1182 of 1968, relative to the Dunklin Fire District in Greenville County, so as to increase the authorized indebtedness from twenty-five thousand ($25,000) to one hundred fifty thousand dollars ($150,000). A review of Act No. 1182 of 1968 shows that the District is apparently located wholly within Greenville County and further that the District would be considered a special purpose district (i.e., political subdivision). See Op. Atty. Gen. No. 84-132 as to characteristics of special purpose districts generally.

Of particular concern is the language of the ratified act which permits the District to "borrow not exceeding one hundred fifty thousand dollars on terms and for a period the board may consider most beneficial for the fire district in anticipation of taxes." Article X, Section 14(8) of the State Constitution governs the incurring of indebtedness by political subdivisions of the State (including special purpose districts) when such is to be accomplished by tax anticipation notes; that subsection provides:
General obligation debt may also be incurred in anticipation in the collection of ad valorem taxes or licenses (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by general law. Such tax anticipation notes shall be secured by a pledge of such taxes or license fees and a pledge of the full faith, credit and taxing power of the political subdivision. All tax anticipation notes shall be expressed to mature not later than ninety days from the day as of which such taxes or license fees may be paid without penalty.

For this constitutional provision to be followed, the General Assembly must authorize the terms and conditions for issuance of tax anticipation notes by general law. In addition, such notes must be expressed to mature not later than ninety days from the date as of which taxes may be paid without penalty.

Because the act is particularly for the Dunklin Fire District of Greenville County, it is not a general law. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937). Thus, a court considering the issue could determine that the act is unconstitutional on its face, as violative of Article X, Section 14(8). Depending on the period of time for which the tax anticipation notes should be issued, if the period exceeds the ninety-day period expressed in Article X, Section 14(8), the act may be unconstitutional as applied.

Because the act is a special act and further an act for a particular county, constitutional questions arise as to validity under Article III, Section 34 (IX) and Article VIII, Section 7 of the State Constitution, respectively. As to the former, see Thomas v. Macklen, supra; as to the latter, see decisions such as Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976) and Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

H. 4939, R-617

Ratified act number 617 of 1990 relates to the Cherokee Springs Fire District in Spartanburg County, so as to authorize the Board of Fire Control for the District to borrow a maximum of two hundred thousand dollars ($200,000), rather than a maximum of twenty thousand dollars ($20,000). Amending Act No. 318 of 1965, the act provides in part that the District is authorized "To borrow not exceeding two hundred thousand dollars on terms and for a period as to the fire control board may seem most beneficial for the fire district in anticipation of taxes. The indebtedness must be evidenced by a note issued by the members of the board and the county treasurer."

A review of Act No. 318 of 1965 reveals that the Cherokee Springs Fire District is apparently located wholly within Spartanburg County and further that it would be a special purpose district (i.e., political subdivision). Cf., Op. Atty. Gen. 84-132. Thus, Article X, Section 14(8) of the State Constitution would govern the incurring of indebtedness of this District. For the reasons above expressed as to ratified act number 624 of 1990, the act bearing ratification number 617 of 1990 would suffer from the same constitutional difficulties expressed therein.

Conclusions

For the foregoing reasons, R-624, R-617, and all but section eight of R-622 would be constitutionally suspect. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

With kindest regards, I am

Sincerely,
Patricia D. Petway
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Bailey, J.             Barber                 Hallman
Holt                   Mappus                 Martin, D.
Rama                   Washington             Whipper

Those who voted in the negative are:
Kohn

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.

May 30, 1990
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4896, R-633, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-961 SO AS TO DESIGNATE THE GREENVILLE TECHNICAL COLLEGE CAMPUS IN GREENVILLE COUNTY AS A BIRD AND WILDLIFE SANCTUARY AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1990, which states:
"The subject act is clearly a special or local act in that it relates to protection of birds and wildlife in one area of Greenville County on the campus of Greenville Technical College. Because the act is not for the protection of game in the entire zone of which this area would be a part, see Section 50-1-60(1) of the Code of Laws of South Carolina (1989 Cum. Supp.), Article III, Section 34 is most probably contravened by the act in question."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

May 30, 1990
Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of May 28, 1990, you have asked for the opinion of this Office as to the constitutionality of H. 4896, R-633, an act establishing a bird and wildlife sanctuary in a certain portion of Greenville County within the campus of Greenville Technical College. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.

This act establishes a bird and wildlife sanctuary in the specified area of the campus of Greenville Technical College in Greenville County and makes it a misdemeanor for any person to trap, hunt, molest or attempt to molest any birds, nests or wild fowls' nests within the sanctuary, or to trap, hunt, molest, or attempt to molest in any manner any wildlife in the sanctuary. Criminal penalities are provided therefor. Thus, H. 4896, R-633, of 1990 is clearly an act for a specific county.
Article III, Section 34 of the Constitution provides that [t]he General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:
VI. To provide for the protection of game.
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones...
The subject act is clearly a special or local act in that it relates to protection of birds and wildlife in one area of Greenville County on the campus of Greenville Technical College. Because the act is not for the protection of game in the entire zone of which this area would be a part, see Section 50-1-6(1) of the Code of Laws of South Carolina (1989 Cum. Supp.), Article III, Section 34 is most probably contravened by the act in question. Cf., Ops. Atty. Gen. dated June 8, 1983; June 20, 1983; June 18, 1984; and June 3, 1988.

Based on the foregoing, we would advise that H. 4896, R-633 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

REVIEWED AND APPROVED BY:
Robert D. Cook
Executive Assistant for Opinions

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Blackwell
Fair                   Mattos                 Wilkins

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The Senate returned to the House with amendments the following:

H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.

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

H. 5147 -- Reps. T. Rogers and J. Bailey: A CONCURRENT RESOLUTION REQUESTING THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY AND THE CHIEF INSURANCE COMMISSIONER TO CONSIDER ALLOWING THE LOSSES IN THE FACILITY ATTRIBUTABLE TO HURRICANE HUGO TO BE SPREAD IN EQUAL AMOUNTS FOR UP TO THIRTY-SIX MONTHS AND INCLUDE THE TIME VALUE OF MONEY.

Ordered for consideration tomorrow.

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

S. 1617 -- Senator Hayes: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DELAY THE CHANGE IN METHODOLOGY FOR CALCULATING THE NEED FOR INPATIENT REHABILITATION BEDS AS PROPOSED IN THE DRAFT 1990 MEDICAL FACILITIES PLAN UNTIL THE 1991 MEDICAL FACILITIES PLAN, REQUESTING AN EVALUATION OF THE EFFECTS OF THE PROPOSED CHANGE, AND A REPORT TO THE SENATE MEDICAL AFFAIRS COMMITTEE, THE HOUSE OF REPRESENTATIVES MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEE, AND THE JOINT LEGISLATIVE COMMITTEE ON HEALTH CARE PLANNING AND OVERSIGHT BY MARCH 1, 1991.

Ordered for consideration tomorrow.

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

S. 1394 -- Senator Lourie: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE, SO AS TO INCREASE THE FEE, ALLOW A COLLEGE OR UNIVERSITY TO SUBMIT A SYMBOL FOR APPROVAL AND REQUEST A CHANGE IN THE SYMBOL, AND PROVIDE FOR DISTRIBUTION OF THE FEE TO ALUMNI ASSOCIATIONS.

Ordered for consideration tomorrow.

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

S. 1382 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.

Ordered for consideration tomorrow.

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

S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF BILLY DREHER ISLAND STATE PARK AND THE LAKE MURRAY COUNTRY VISITORS CENTER.

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

S. 1322 -- Senators Pope and Wilson: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF BILLY DREHER ISLAND STATE PARK AND THE LAKE MURRAY COUNTRY VISITORS CENTER.

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

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

H. 5095 -- Rep. Kohn: A HOUSE RESOLUTION TO REQUEST THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE TO STUDY AND REVIEW THE ADEQUACY OF THE LAWS OF THIS STATE CONCERNING THE SOLVENCY OF THE LIFE AND HEALTH INSURANCE INDUSTRY AND THOSE LIFE AND HEALTH INSURERS DOING BUSINESS IN SOUTH CAROLINA.

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

H. 5095 -- Rep. Kohn: A HOUSE RESOLUTION TO REQUEST THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE TO STUDY AND REVIEW THE ADEQUACY OF THE LAWS OF THIS STATE CONCERNING THE SOLVENCY OF THE LIFE AND HEALTH INSURANCE INDUSTRY AND THOSE LIFE AND HEALTH INSURERS DOING BUSINESS IN SOUTH CAROLINA.

Whereas, the House of Representatives recognizes the vital importance of the life and health insurance industry to the welfare of the citizens of the State of South Carolina; and

Whereas, the House of Representatives is concerned about recent reports concerning the life and health insurance industry's solvency; and

Whereas, many other states have provided new and comprehensive mechanisms for the protection of their citizens from insolvencies, including adopting the Life and Health Insurance Guaranty Association Model Act promulgated by the National Association of Insurance Commissioners after lengthy studies by the insurance commissioners and experts from the insurance industry; and

Whereas, the members of the House, by this resolution, believe that a review of these model acts and laws of other states for possible use in South Carolina would be in the best interest of our State. Now, therefore,

Be it resolved by the House of Representatives:

That the House Labor, Commerce and Industry Committee be requested to study and review the adequacy of the laws of this State concerning the solvency of the life and health insurance industry and those life and health insurers doing business in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the House Labor, Commerce and Industry Committee.

The Resolution was adopted.

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

H. 5139 -- Reps. Koon, Kinon, Derrick, Nesbitt, Kay, Smith, Stoddard, G. Bailey, Burch, Felder, Harrison, D. Williams, H. Brown, Phillips, Keesley, G. Brown, Klapman, McLeod, Rama, Barber, Holt, Hendricks, Cooper, Rhoad, Sharpe, Chamblee, P. Harris, Davenport, Neilson, Harwell, Simpson, Bruce, Carnell, Mappus, Hallman, Lanford, J. Harris and L. Martin: A CONCURRENT RESOLUTION REQUESTING THE STATE BUDGET AND CONTROL BOARD TO DISCONTINUE THE 'MEDICARE CARVE-OUT' APPROACH UNDER THE STATE HEALTH INSURANCE PROGRAM FOR RETIREES WHO ARE ELIGIBLE FOR MEDICARE AND TO IMPLEMENT INSTEAD A DIFFERENT METHOD OF COORDINATION OF BENEFITS WITH MEDICARE FOR THIS PARTICULAR GROUP OF RETIREES.

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

H. 5139 -- Reps. Koon, Kinon, Derrick, Nesbitt, Kay, Smith, Stoddard, G. Bailey, Burch, Felder, Harrison, D. Williams, H. Brown, Phillips, Keesley, G. Brown, Klapman, McLeod, Rama, Barber, Holt, Hendricks, Cooper, Rhoad, Sharpe, Chamblee, P. Harris, Davenport, Neilson, Harwell, Simpson, Bruce, Carnell, Mappus, Hallman, Lanford, J. Harris and L. Martin: A CONCURRENT RESOLUTION REQUESTING THE STATE BUDGET AND CONTROL BOARD TO DISCONTINUE THE 'MEDICARE CARVE-OUT' APPROACH UNDER THE STATE HEALTH INSURANCE PROGRAM FOR RETIREES WHO ARE ELIGIBLE FOR MEDICARE AND TO IMPLEMENT INSTEAD A DIFFERENT METHOD OF COORDINATION OF BENEFITS WITH MEDICARE FOR THIS PARTICULAR GROUP OF RETIREES.

Whereas, effective January 1, 1990, the State Budget and Control Board made a major change in the state retiree's health insurance program dealing with the coordination of benefits with medicare for the group of retirees who are eligible for Medicare; and

Whereas, what the board implemented at that time for these retirees was what is called a "carve-out" methodology for the coordination of benefits with Medicare; this methodology in effect treats these insureds in a way similar to active employees and non-Medicare eligible retirees from a health insurance compensation standpoint; and

Whereas, one part of the new state health insurance program that has caused great concern is the impact of the change last January to this "carve-out" approach for the insured retirees eligible for Medicare, and, at the present time, a subcommittee of the User Advisory Committee is looking carefully at alternatives to this approach; and

Whereas, the Division of Insurance Services of the Budget and Control anticipates receiving recommendations in this area of concern from the subcommittee in the very near future; and

Whereas, upon receipt of those recommendations, the Division of Insurance Services will report to the full board; and

Whereas, this area is one which requires extremely close scrutiny, because the change implemented last January affected the retiree program dramatically; and

Whereas, in good conscience the board should drop the usage of the "carve-out" methodology because it is totally unfair to the retirees who are eligible for Medicare, cannot be justified, and hurts this group of retirees economically; and

Whereas, rather than continue to utilize "Medicare carve-out" approach, the board should return to the traditional method of coordination of benefits with Medicare for the affected retirees or, if the board cannot or will not do that, offer a supplemental Medicare policy for these retirees. 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, requests the State Budget and Control Board to discontinue the "Medicare carve-out" approach under the state health insurance program for retirees who are eligible for Medicare and implement instead a different method of coordination of benefits with Medicare for this particular group of retirees.

Be it further resolved that a copy of this resolution be forwarded to each of the following: the members of the State Budget and Control, namely, the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, Chairman; the Honorable Grady L. Patterson, Jr., State Treasurer; the Honorable Earle E. Morris, Jr., Comptroller General; the Honorable James M. Waddell, Jr., Chairman, Senate Finance Committee; and the Honorable Robert N. McLellan, Chairman, House Ways and Means Committee; and to Jesse A. Coles, Jr., Ph.D., Executive Director, State Budget and Control Board; and Mr. James E. Bennett, CPCU, Director, Division of Insurance Services, State Budget and Control Board.

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

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

H. 5159 -- Rep. Harwell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO USE THEIR INFLUENCE TO CONVINCE PRESIDENT MIKHAIL S. GORBACHEV, PRESIDENT OF THE U.S.S.R. TO REPUDIATE THE INFAMOUS TREATY IMPOSED BY ADOLF HITLER AND JOSEF STALIN WHICH ANNEXED THE BALTIC NATIONS OF ESTONIA, LATVIA, AND LITHUANIA TO THE U.S.S.R. AND TO REMOVE THE SOVIET UNION'S BLOCKADE AND OPPOSITION AGAINST THOSE FREEDOM-LOVING PEOPLE WHO JUSTIFIABLY SEEK THEIR INDEPENDENCE.

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

H. 5159 -- Rep. Harwell: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO USE THEIR INFLUENCE TO CONVINCE PRESIDENT MIKHAIL S. GORBACHEV, PRESIDENT OF THE U.S.S.R. TO REPUDIATE THE INFAMOUS TREATY IMPOSED BY ADOLF HITLER AND JOSEF STALIN WHICH ANNEXED THE BALTIC NATIONS OF ESTONIA, LATVIA, AND LITHUANIA TO THE U.S.S.R. AND TO REMOVE THE SOVIET UNION'S BLOCKADE AND OPPOSITION AGAINST THOSE FREEDOM-LOVING PEOPLE WHO JUSTIFIABLY SEEK THEIR INDEPENDENCE.

Whereas, President Mikhail S. Gorbachev, President of the U.S.S.R., is presently in the United States to meet with President George Bush in a Summit Conference; and

Whereas, the members of the General Assembly strongly urge President Bush and the Congress of the United States to use their influence to take whatever steps are necessary to have the infamous treaty backed by Adolf Hitler and Josef Stalin which illegally annexed the Baltic nations of Estonia, Latvia, and Lithuania to the Soviet Union repudiated; and

Whereas, the President and the Congress are further urged to encourage President Gorbachev to use his powerful influence to have the economic blockade and other oppressive actions against the freedom-loving people of the Baltic nations removed and allow them to succeed in their movement to become independent nations which is their right. 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, memorialize the President and the Congress of the United States to use their influence to convince President Mikhail S. Gorbachev, President of the U.S.S.R. to repudiate the infamous treaty imposed by Adolf Hitler and Josef Stalin which annexed the Baltic nations of Estonia, Latvia, and Lithuania to the U.S.S.R. and to remove the Soviet Union's blockade and opposition against those freedom-loving people who justifiably seek their independence.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States and to the members of the South Carolina Congressional Delegation in Washington, D. C.

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

The following was introduced:

H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.

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

The following was introduced:

H. 5162 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.

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

The following was introduced:

H. 5163 -- Rep. Washington: A CONCURRENT RESOLUTION TO COMMEND MRS. EDITH DUNMYER HOWELL OF CHARLESTON COUNTY FOR THIRTY-ONE YEARS OF EXEMPLARY SERVICE AS A TEACHER OF YOUNG ELEMENTARY STUDENTS, UPON HER RETIREMENT.

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

The Senate sent to the House the following:

S. 1624 -- Senators Mullinax and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. ALMA DUNCAN SWANEY OF PENDLETON WHO DIED MAY 20, 1990.

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

The Senate sent to the House the following:

S. 1625 -- Senator Mullinax: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTION OF MR. JEFFREY STRAUB OF ANDERSON COUNTY, A STUDENT AT WESTSIDE HIGH SCHOOL, FOR HIS ACTIONS LEADING TO THE CAPTURE OF TWO COUNTERFEITERS AND THE SEIZURE OF ONE AND ONE-HALF MILLION DOLLARS OF COUNTERFEIT CURRENCY, THE LARGEST SEIZURE OF THIS TYPE IN THE HISTORY OF SOUTH CAROLINA.

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

The Senate sent to the House the following:

S. 1626 -- Senators Passailaigue, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND THE 1990 CITADEL "BULLDOGS" BASEBALL TEAM AND COACH CHAL PORT FOR THEIR MAGNIFICENT SEASON AND FOR EARNING A PLACE IN THE COLLEGE WORLD SERIES, AND TO WISH THE TEAM AND COACHES THE BEST DURING THE COLLEGE WORLD SERIES.

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

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

H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.

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

H. 5164 -- Rep. Felder: A BILL TO PROVIDE FOR THE MANNER IN WHICH CERTAIN SCHOOL AND EDUCATIONAL MATTERS MUST BE UNDERTAKEN IN CALHOUN COUNTY.

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

H. 5165 -- Rep. Rhoad: A BILL TO AUTHORIZE BAMBERG COUNTY SCHOOL DISTRICTS ONE AND TWO TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.

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

S. 718 -- Senator Pope: A BILL TO AMEND SECTIONS 6-21-430 AND 6-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF THE BORROWER, AS DEFINED IN THE REVENUE BOND ACT FOR UTILITIES, SHALL DESIGNATE A CUSTODIAN OF THE GROSS REVENUES FROM THE OPERATION OF THE SYSTEM AND TO THE SETTING ASIDE OF REVENUES FOR THE REPAYMENT OF REVENUE BONDS PROVIDED FOR IN THE ACT, SO AS TO DELETE THE REQUIREMENT THAT A CUSTODIAN BE APPOINTED AND REQUIRE THAT A BORROWER ISSUING BONDS PURSUANT TO CHAPTER 21 OF TITLE 6 HOLD IN TRUST THE REVENUE PLEDGED TO THE PAYMENT OF THE BONDS FOR THE BENEFIT OF THE HOLDERS AND APPLY REVENUES ONLY AS PROVIDED BY THE ORDINANCE WHICH AUTHORIZED THE ISSUANCE OF THE BONDS, AND DELETE THE PROVISIONS REQUIRING THE SEGREGATION OF REVENUES OF THE SYSTEM UNDER THE PROVISIONS OF CHAPTER 21 OF TITLE 6 AND TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY TO INSERT PROVISIONS IN AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS AND REQUIRING THIS INSERTION TO BE A PART OF THE CONTRACT WITH THE HOLDERS OF THE BONDS, VESTING IN A TRUSTEE THE RIGHT TO ENFORCE COVENANTS WHICH THE HOLDERS OF THE BONDS MAY ENFORCE.

Referred to Committee on Ways and Means.

S. 831 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 56 SO AS TO REQUIRE THE LICENSING AND REGULATION OF MOTOR VEHICLE RENTAL AGENCIES AND TO PROVIDE FOR DEFINITIONS, TO PROVIDE THAT ALL RENTAL AGENCIES MUST BE LICENSED BY THE DEPARTMENT, TO REQUIRE RENTAL AGENCIES TO MAINTAIN CERTAIN RECORDS RELATING TO RENTAL MOTOR VEHICLES AND TO PROVIDE PENALTIES FOR VIOLATING THE PROVISIONS OF THIS CHAPTER.

Referred to Committee on Labor, Commerce and Industry.

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 5164 be read the second time tomorrow.

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 5165 be read the second time tomorrow.

The following was introduced:

H. 5166 -- Rep. Sturkie: A CONCURRENT RESOLUTION COMMENDING DOUGLAS MCDOWELL (DOUG) BENNETT OF LEXINGTON COUNTY FOR HIS MANY YEARS OF DEVOTED SERVICE TO EDUCATION AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

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

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Glover                 Gordon                 Gregory
Hallman                Harris, J.             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
Lanford                Limehouse              Littlejohn
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Taylor
Townsend               Tucker                 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 May 31, 1990.

C. Lenoir Sturkie                 Gene Stoddard
Larry Gentry

The SPEAKER granted Reps. McELVEEN, MANLY and VAUGHN a leave of absence for the day.

The SPEAKER granted Reps. CLYBORNE and ALTMAN a leave of the House.

Rep. T.M. BURRISS signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, May 30.

Announcement was made that Dr. Linda Christmann of Columbia is the Doctor of the Day for the General Assembly.

Rep. WILKINS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow in Local Session and at 2:00 P.M. on Monday, June 4 in Statewide Session, which was agreed to.

Rep. BAKER moved that when the House adjourns it adjourn in memory of Tasha Shirley, which was agreed to.

The following Bill was taken up.

S. 1585 -- Senators Williams and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL LAWS OF ORANGEBURG COUNTY ESTABLISHING THE TERRITORIAL JURISDICTION OF MAGISTRATES IN CRIMINAL AND CIVIL MATTERS, SO AS TO PROVIDE FOR COUNTYWIDE JURISDICTION.

The motion of Rep. McCAIN to reconsider the vote whereby the Bill was given a third reading was taken up and agreed to.

Rep. McCAIN, with unanimous consent, proposed the following Amendment No. 1 (Doc. No. 1857X), which was adopted.

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

/SECTION 1.     The territorial jurisdiction of magistrates in Orangeburg County in criminal and civil matters extends throughout the county.

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

Renumber sections to conform.

Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

The following Bill was taken up.

H. 5157 -- Rep. Blackwell: A BILL TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD.

Rep. BLACKWELL proposed the following Amendment No. 1 (Doc. No. 2129X), which was adopted.

Amend the bill, as and if amended, by adding after Section 1:

/SECTION 2.     Section 5(f) of Act 199 of 1971 is amended to read:

"(f)     To promulgate such rules and regulations as it may deem considers proper and necessary to insure that the equipment is being used to the best advantage of the area and also to hear on a periodic basis concerns and petitions from the public."/

Renumber sections to conform.

Amend title to conform.

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. 5157 be read the third time tomorrow.

The following Bill was taken up.

H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.

Rep. T. ROGERS moved to adjourn debate upon the Bill until Friday, June 8.

Rep. QUINN moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Burriss, M.D.          Burriss, T.M.          Corning
Harrison               Quinn

Those who voted in the negative are:

Brown, J.              Faber                  McBride
Rogers, T.             Taylor                 Waites

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Friday, June 8.

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

Those who voted in the affirmative are:

Brown, J.              Faber                  McBride
Rogers, T.             Taylor                 Waites

Those who voted in the negative are:

Burriss, M.D.          Burriss, T.M.          Corning
Harrison               Quinn

So, the motion to adjourn debate was agreed to.

I support the concept of limited fiscal autonomy for Richland County School Districts, but there has been no public discussion of this proposal. The citizens should be informed of the Bill's impact and have an opportunity to respond before we act.

Rep. CANDY WAITES

The following Bill was taken up.

H. 5132 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-585 SO AS TO PROVIDE THAT A DESIGNATED INSURER PRODUCER OF THE REINSURANCE FACILITY IS ENTITLED TO APPOINT ONE OF ITS OFFICERS OR EMPLOYEES TO THE GOVERNING BOARD OF THE FACILITY UNDER CERTAIN CONDITIONS.

Rep. LIMEHOUSE moved to table the Bill, which was agreed to.

The following Bills 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. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.

S. 912 -- Senator Waddell: A BILL TO REPEAL SECTION 50-17-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME CONSTRAINTS FOR APPLYING FOR LICENSES RELATING TO TRAWLING BOATS.

S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.

S. 1446 -- Senators O'Dell, Mullinax, Hayes, Saleeby, McLeod, Giese and Rose: A BILL TO AMEND SECTION 28-2-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING AND ABANDONMENT OF CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT A CONDEMNOR MAY NOT ABANDON THE ACTION AFTER TAKING POSSESSION IF MATERIAL ALTERATIONS HAVE BEEN MADE IN THE PROPERTY, EXCEPT WITH THE LANDOWNER'S CONSENT; AND TO AMEND SECTION 28-2-510, RELATING TO THE AWARD OF COSTS AND LITIGATION EXPENSES IN CONDEMNATION ACTIONS, SO AS TO PROVIDE THAT IF THE CONDEMNOR ABANDONS OR WITHDRAWS THE ACTION, THE CONDEMNEE IS ENTITLED TO REASONABLE ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS AS DETERMINED BY THE COURT.

S. 1591 -- Judiciary Committee: A BILL TO AMEND SECTION 27-32-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO VACATION TIME SHARING PLANS SO AS TO PROVIDE THAT THE BUYER MUST ACKNOWLEDGE AND SIGN A STATEMENT EXPLAINING THE BUYER'S RIGHT TO CANCEL.

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

H. 5068 -- Rep. Gentry: A BILL TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR.

H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.

The following Bill was taken up.

S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

Rep. HOLT objected to the Bill.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. BRUCE having the floor.

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

Rep. FABER moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Burriss, M.D.          Faber                  Williams, D.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Blackwell              Blanding               Boan
Brown, R.              Bruce                  Burch
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Farr
Felder                 Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kirsh
Klapman                Koon                   Lanford
Limehouse              Littlejohn             Mappus
Martin, D.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Quinn                  Rama                   Rogers, J.
Rudnick                Sheheen                Simpson
Smith                  Taylor                 Townsend
Tucker                 Waldrop                Wells
White                  Wilder                 Wilkins
Wofford                Wright

So, the House refused to adjourn.

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 30, by Rep. SIMPSON.

Rep. BRUCE continued speaking.

Rep. BRUCE continued speaking and moved to table the amendment, which was agreed to.

Reps. BRUCE, LIMEHOUSE, HARRISON, QUINN, BURCH, FAIR, CORNING, RAMA, BAXLEY, WRIGHT, BARFIELD, BLANDING, LITTLEJOHN, FARR, CHAMBLEE, VAUGHN, WALDROP, WOFFORD, STURKIE, DAVENPORT, WELLS, McGINNIS, J.C. JOHNSON, JASKWHICH, NESBITT and SHARPE proposed the following Amendment No. 3 (Doc. No. 2116X).

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

/SECTION 1.     Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.

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

Renumber sections to conform.

Amend title to conform.

Rep. BRUCE explained the amendment.

Rep. BLACKWELL raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill in that the title of the Bill amended Section 56-5-5350 to allow the Department of Highways and Public Transportation to exempt vehicles subject to the United States Department of Transportation Federal Motor Carrier Safety Regulations instead of the Interstate Commerce Commission and that the Amendment did not have anything to do with the Interstate Commerce Commission or the Federal Regulations.

Rep. BRUCE argued contra the Point in stating that the Bill did deal with regulations of vehicles on the road even though they may not be private passenger vehicles.

SPEAKER Pro Tempore J. ROGERS stated that the Amendment struck Title 56 of the Code in its entirety and the Bill would amend Code Section 56-5-5350 (c), which would be a subsection of one of the sections under Title 56.

Rep. SIMPSON stated that the title of the Bill read to amend the laws relating to inspection of motor vehicles and that the section should not prevail over how the title read.

SPEAKER Pro Tempore J. ROGERS stated that Article 37 of the Code dealt with inspection of vehicles and that the effect of the title related to inspection of vehicles and the effect of the Amendment was to repeal the inspection of vehicles and therefore, it was germane and he overruled the Point of Order.

Rep. BRUCE continued speaking.

Rep. SIMPSON spoke against the amendment.

Further proceedings were interrupted by a request for Free Conference powers, the pending question being consideration of Amendment No. 3.

Rep. GREGORY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

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.

The yeas and nays were taken resulting as follows:

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. GREGORY, ALTMAN and CLYBORNE to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The following was received.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:

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

/SECTION 1.     Section 47-5-100 of the 1976 Code, as amended by Act 547 of 1988, is further amended to read:

"Section 47-5-100.     The county health department shall serve notice upon the owner of a dog or cat which has attacked or bitten a person to confine the animal at the expense of the owner upon his premises or at a county pound or other place designated in the notice for at least ten days after the animal has attacked or bitten a person. The licensed graduate veterinarian, the rabies control officer, or his assistants must be permitted by the owner of the pet or other animal which has attacked or bitten a person to examine the animal at any time, and daily if desired, within the ten-day period of confinement, to determine if the animal shows symptoms of rabies. No person shall may obstruct or interfere with the rabies control officer or his assistants in making the examination. The removal of the head of an animal suspected of having rabies must be performed by a licensed veterinarian, but the county health department shall may provide for the removal of the head if there is no veterinarian practicing within the county where the suspected animal is located or if no veterinarian located within the county will remove the head. The Department of Health and Environmental Control shall serve notice upon the owner of an animal other than a dog or cat when the department has knowledge that the animal has attacked or bitten a person. The notice must instruct the owner to have the animal immediately euthanized and have the brain submitted for rabies examination or to have the animal quarantined under conditions specified by the department. The owner shall comply immediately with the instructions in the notice."

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

John C. Land, III                 Robert O. Kay
Mike Mullinax                     Larry L. Koon
William H. O'Dell                 Liston D. Barfield
On the Part of the Senate              On the Part of the House

Amend title to conform.

Rep. KOON explained the Report.

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

The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

Debate was resumed on Amendment No. 3, by Reps. BRUCE, et al.

Rep. R. BROWN spoke against the amendment and moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, J.
Beasley                Brown, H.              Brown, J.
Brown, R.              Burriss, T.M.          Clyborne
Cork                   Gordon                 Hallman
Harris, P.             Harwell                Hayes
Hendricks              Hodges                 Huff
Kay                    Keegan                 Keesley
Keyserling             Klapman                Martin, D.
Mattos                 McTeer                 Nettles
Rogers, T.             Rudnick                Sheheen
Simpson                Stoddard               Taylor
Waites                 Washington             Whipper
White                  Williams, D.

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Blackwell
Blanding               Brown, G.              Bruce
Burch                  Burriss, M.D.          Chamblee
Cooper                 Corbett                Corning
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Felder                 Gentry
Harris, J.             Harrison               Haskins
Jaskwhich              Johnson, J.C.          Kirsh
Kohn                   Koon                   Limehouse
Littlejohn             Mappus                 Martin, L.
McAbee                 McCain                 McGinnis
McKay                  Neilson                Nesbitt
Phillips               Quinn                  Rama
Rhoad                  Sharpe                 Short
Smith                  Townsend               Tucker
Waldrop                Wells                  Wilder
Wofford                Wright

So, the House refused to table the amendment.

Reps. R. BROWN, HENDRICKS, SIMPSON, HARWELL, D. WILLIAMS, CORK and TAYLOR objected to the Bill.

Rep. G. BROWN moved to adjourn debate upon the following Bill until Wednesday, June 6, which was adopted.

S. 1531 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

The following Bill was taken up.

S. 1485 -- Corrections and Penology Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-605 SO AS TO DEFINE ADULT JAIL, SECURE CONFINEMENT, AND PROCESSING FOR PURPOSES OF TAKING A CHILD INTO CUSTODY; TO AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE ORIGINAL JURISDICTION IN THE FAMILY COURT, SO AS TO PROVIDE FOR THE JURISDICTION TO INCLUDE THE DETENTION OF A JUVENILE IN A JUVENILE DETENTION FACILITY; TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING, CONFINEMENT, AND RELEASE OF A CHILD; AND TO AMEND SECTION 20-7-3230, RELATING TO THE INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF YOUTH SERVICES, SO AS TO INCLUDE THE PROVISION OF JUVENILE DETENTION SERVICES.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 30, by the Committee on Judiciary.

The amendment was then adopted.

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

On motion of Rep. HAYES, with unanimous consent, it was ordered that S. 1485 be read the third time tomorrow.

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

S. 1217 -- Transportation Committee: A BILL TO AMEND SECTION 56-3-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REFUND OF MOTOR VEHICLE REGISTRATION FEES, SO AS TO PROVIDE FOR A REFUND FOR A MOTOR VEHICLE ISSUED AN APPORTIONED LICENSE PLATE.

S. 906 -- Senators Courson, Lourie, Wilson, Shealy, Giese, Patterson and Setzler: A JOINT RESOLUTION TO NAME THE SOUTHEASTERN BELTWAY FROM INTERSTATE 20 TO INTERSTATE 26 THE "VETERANS MEMORIAL EXPRESSWAY" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS ON THE EXPRESSWAY WHICH CLEARLY INDICATE THE NAME OF THE EXPRESSWAY.

Rep. McLEOD moved to adjourn debate upon the following Joint Resolution until Monday, June 4, which was adopted.

H. 5149 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT FACILITY LOCATION STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1180, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BURCH withdrew his objection to S. 951 however, other objections remained upon the Bill.

Rep. RAMA withdrew his objection to S. 243 however, other objections remained upon the Bill.

Rep. RAMA withdrew his objection to S. 951 however, other objections remained upon the Bill.

Rep. D. WILLIAMS withdrew his objection to the following Bill.

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Rep. SIMPSON withdrew his objection to S. 1225 however, other objections remained upon the Bill.

Rep. FABER withdrew his objection to the following Bill.

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

Rep. HENDRICKS withdrew his objection to S. 1225 however, other objections remained upon the Bill.

Rep. WHITE withdrew her objection to the following Bill.

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

Rep. CORK withdrew her objection to S. 1225 however, other objections remained upon the Bill.

Rep. HODGES withdrew his objection to the following Bill.

S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.

Rep. KLAPMAN withdrew his objection to the following Bill.

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

Rep. HUFF withdrew his objection to the following Bill.

S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.

Rep. D. WILLIAMS withdrew his objection to S. 1225 however, other objections remained upon the Bill.

Rep. LIMEHOUSE withdrew his objection to the following Bill.

S. 974 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR ELECTRONIC HOME DETENTION AS AN ALTERNATIVE TO PRISON INCARCERATION.

Rep. LIMEHOUSE withdrew his objection to the following Bill.

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Reps. HALLMAN and KLAPMAN withdrew their objections to the following Bill.

S. 732 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.

Rep. TAYLOR withdrew his objection to the following Bill.

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

Rep. T. ROGERS withdrew his objection to the following Bill.

H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.

Rep. LIMEHOUSE withdrew his objection to the following Bill.

S. 1451 -- Senators Drummond, Long, Lee, Bryan, Hinds and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS AND TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM.

Rep. HARWELL withdrew his objection to the following Bill.

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

Rep. CORNING asked unanimous consent to recall S. 1588 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. GREGORY objected.

On motion of Rep. HENDRICKS, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1463 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 50-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE FROM THE DEFINITION OF A MARINE DEALER THE REQUIREMENT OF SELLING A MINIMUM OF TWENTY WATERCRAFT OR OUTBOARD MOTORS A YEAR.

On motion of Rep. NEILSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

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

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

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

Rep. McEACHIN proposed the following Amendment No. 2 (Doc. No. 2121X), which was adopted.

Amend the bill, as and if amended, in Section 58-7-30 of the 1976 Code, as contained in SECTION 1, page 2, line 1, by inserting before /Any/ /(A)/ and by inserting immediately after line 10:

/(B)     Before a corporation engaged in supplying sewer services as authorized under the provisions of this section exercises the right of condemnation, the governing body of the county in which the comdemnation will occur must adopt an ordinance granting the corporation the authority to condemn property necessary to provide sewer services./

Amend the bill further by deleting SECTION 2, page 2, lines 12 through 21.

Amend further in Section 58-7-25(A), page 2, lines 35, 36, and 37, by striking /plus the rate of interest on decrees and judgments pursuant to Section 34-31-20(B)/.

Amend further in Section 58-7-25(B), page 2, line 42, by inserting after /ceases/ /when the corporation gives the former owner ninety days' notice that the right will expire at the end of the ninety-day period/.

Renumber sections to conform.

Amend title to conform.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

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

H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

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

H. 4657 -- Rep. Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-185 SO AS TO PROVIDE THAT LICENSED RETAIL DEALERS MAY PURCHASE, POSSESS, AND SELL TO QUALIFIED PERSONS ANY FIREARM OR PISTOL WHICH MAY BE USED OR POSSESSED BY LAW ENFORCEMENT OFFICERS IN THIS STATE, AND TO AUTHORIZE THESE QUALIFIED PERSONS TO USE AND POSSESS THESE FIREARMS OR PISTOLS IN THE MANNER PROVIDED BY LAW.

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

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

Rep. WRIGHT moved that the House recur to the morning hour.

Rep. TAYLOR moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Altman                 Baker                  Baxley
Blanding               Boan                   Brown, G.
Brown, J.              Burch                  Burriss, T.M.
Chamblee               Clyborne               Cooper
Faber                  Fair                   Fant
Glover                 Gordon                 Gregory
Harris, P.             Hendricks              Hodges
Holt                   Kay                    Kirsh
Mappus                 Martin, D.             Martin, L.
McBride                McKay                  McLeod
McTeer                 Nettles                Phillips
Sharpe                 Short                  Simpson
Taylor                 Townsend               Washington
Whipper                Wilder                 Wilkes
Williams, J.

Those who voted in the negative are:

Alexander, M.O.        Bailey, G.             Bailey, J.
Barber                 Beasley                Bennett
Brown, R.              Bruce                  Cole
Corbett                Cork                   Davenport
Elliott                Farr                   Felder
Gentry                 Hallman                Harris, J.
Harrison               Harwell                Haskins
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kinon
Klapman                Kohn                   Koon
Lanford                Limehouse              Littlejohn
Mattos                 McCain                 McEachin
McGinnis               Moss                   Neilson
Nesbitt                Quinn                  Rama
Rhoad                  Rogers, T.             Rudnick
Sheheen                Smith                  Stoddard
Sturkie                Waites                 Waldrop
Wells                  White                  Wofford
Wright

So, the House refused to adjourn.

The question then recurred to the motion to recur to the morning hour, which was rejected.

The following Bill was taken up.

S. 698 -- Senators Saleeby, J. Verne Smith, Horace C. Smith, Stilwell, Macaulay and Mullinax: A BILL TO AMEND SECTION 40-59-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF RESIDENTIAL HOME BUILDERS, SO AS TO REDESIGNATE THE TERM "RESIDENTIAL HOME BUILDER" TO "RESIDENTIAL BUILDER" AND FURTHER PROVIDE FOR THE DEFINITION OF A RESIDENTIAL BUILDER; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-15 SO AS TO DEFINE THE TERM "RESIDENTIAL SPECIALTY CONTRACTOR"; TO AMEND SECTION 40-59-70, RELATING TO LICENSES REQUIRED OF RESIDENTIAL BUILDERS, SO AS TO PROVIDE FOR THE LICENSING OF RESIDENTIAL SPECIALTY CONTRACTORS, TO REVISE THE LICENSING PROCEDURE AND TO DELETE CERTAIN LICENSING EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-75 SO AS TO PROVIDE THAT THE RESIDENTIAL BUILDERS COMMISSION MUST BY REGULATION CLASSIFY AND DEFINE THE SCOPE OF OPERATIONS OF RESIDENTIAL SPECIALTY CONTRACTORS; TO AMEND SECTION 40-59-80, RELATING TO APPLICATIONS FOR AND THE ISSUANCE OF LICENSES, SO AS TO FURTHER PROVIDE FOR THE APPLICATION AND LICENSING PROCEDURES; TO AMEND SECTION 40-59-90, RELATING TO REVOCATION AND REISSUANCE OF LICENSES SO AS TO REVISE THIS REVOCATION AND REISSUANCE PROCEDURE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-95 SO AS TO AUTHORIZE CERTAIN LEGAL PROCEDURES AGAINST PERSONS VIOLATING THE PROVISIONS OF THIS ACT AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 40-59-100, RELATING TO ROSTER OF LICENSES, SECTION 40-59-110, RELATING TO THE ANNUAL REPORT OF THE COMMISSION, SECTION 40-59-120, RELATING TO REGULATIONS OF THE COMMISSION, SECTION 40-59-130, RELATING TO PENALTIES FOR VIOLATIONS, AND SECTION 40-59-160, RELATING TO DUTIES OF BUILDING OFFICIALS, SO AS TO INCLUDE RESIDENTIAL SPECIALTY CONTRACTORS IN THESE PROVISIONS; TO AMEND SECTION 40-59-140, RELATING TO THE EXEMPTION OF GENERAL CONTRACTORS, SO AS TO ALSO EXEMPT MECHANICAL CONTRACTORS WHEN ENGAGED IN CONTRACTING IN THE CLASSIFICATION IN WHICH THEY ARE LICENSED TO PERFORM MECHANICAL CONTRACTING, AND TO PROVIDE FOR THE EXEMPTION FROM LICENSING OF CERTAIN PERSONS ENGAGED IN RESIDENTIAL SPECIALTY CONTRACTING ON OR BEFORE JULY 1, 1989, AND TO AUTHORIZE THE COMMISSION TO CLASSIFY OR RECLASSIFY LICENSES IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ACT.

Rep. KIRSH spoke against the Bill.

Rep. J.W. JOHNSON moved that the House do now adjourn, subject to a message being received from the Senate on H. 4802 and the Chair appointing a Conference Committee if necessary.

Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Those who voted in the affirmative are:

Altman                 Bailey, J.             Baker
Baxley                 Boan                   Brown, G.
Brown, J.              Burch                  Chamblee
Clyborne               Cooper                 Corbett
Faber                  Fair                   Fant
Gordon                 Gregory                Harris, P.
Hendricks              Hodges                 Holt
Jaskwhich              Johnson, J.W.          Kay
Kirsh                  Littlejohn             Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McGinnis
McTeer                 Rhoad                  Rogers, T.
Sharpe                 Sheheen                Short
Simpson                Taylor                 Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, J.

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Barber                 Barfield               Beasley
Brown, H.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Cole
Cork                   Davenport              Elliott
Farr                   Felder                 Gentry
Glover                 Hallman                Harris, J.
Harwell                Haskins                Hayes
Huff                   Johnson, J.C.          Keegan
Keesley                Kinon                  Klapman
Koon                   Lanford                Limehouse
McEachin               McKay                  McLeod
Moss                   Neilson                Nesbitt
Phillips               Quinn                  Rama
Rogers, J.             Rudnick                Smith
Sturkie                Waites                 Waldrop
Wofford                Wright

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. KIRSH having the floor.

The following was received from the Senate.

Columbia, S.C., May 31, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4802:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
and asks for a Committee of Conference and has appointed Senators Waddell, Moore and Setzler of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 013

WHEREUPON, the Chair appointed Reps. McLELLAN, CARNELL and WINSTEAD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

At 12:15 P.M. the House in accordance with the motion of Rep. BAKER adjourned in memory of Tasha Shirley to meet at 10:00 A.M. tomorrow.

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