Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God of all, look with favor upon our prayer for peace on earth. Grant that wars may come to a peaceful conclusion, as the path to peace with justice and freedom is found. Direct human ingenuity in that way You would have us to go. Undergird us with the assurance of Your presence those individuals and families who experience the loneliness of separation and the haunting fear of the unknown. May the day of family reunion come quickly that those now separated may experience a joyful homecoming.

Let peace fill the earth like waters cover the sea. Amen.

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

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

The following was received and referred to the appropriate committee for consideration.

Document No. 1361
Promulgated By Residential Builders Commission
Residential Builders and Specialty Contractors
Received By Speaker January 28, 1991
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date May 29, 1991

The following was introduced:

H. 3334 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE FEDERAL-MOGUL CORPORATION'S SUMMERTON PLANT FOR BEING AWARDED GENERAL MOTORS' "MARK OF EXCELLENCE" AWARD.

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

The following was introduced:

H. 3335 -- Reps. Sheheen, Baxley and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL BULLDOG FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AAA CHAMPIONSHIP AND COACH BILLY AMMONS FOR BEING NAMED THE CLASS AAA COACH OF THE YEAR BY THE STATE NEWSPAPER.

Whereas, on Saturday night, December 1, 1990, at Williams-Brice Stadium in Columbia, the Camden High School football team defeated a very talented Hilton Head team 13-3 to win the State Class AAA football championship; and

Whereas, this tremendous victory concluded a perfect 15-0 season for the Bulldogs which ties a state record for the most victories in one season and marks only the second time in South Carolina prep football history where this has been accomplished; and

Whereas, the last time that Camden won the state football championship was in 1964 when current head coach Billy Ammons quarterbacked that team; and

Whereas, the accomplishments of the Bulldogs this year under the leadership of Billy Ammons have brought deserved credit not only upon the members of the team and the coaching staff but upon their school, county, and State, as well; and

Whereas, one indication of the quality and talent of this group of athletes is the number of players who are actively being recruited to play college football by schools across the nation; and

Whereas, in recognition of his abilities as a head coach and in recognition of the Bulldogs' great season, The State newspaper named Coach Ammons as its 1990 State Class AAA Coach of the Year; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate this talented group of young men, Coach Billy Ammons, and the rest of the coaching staff upon winning this truly deserved championship and upon receipt of these truly deserved awards. Now, therefore,

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

That the members of the General Assembly hereby congratulate the Camden High School Bulldog football team for winning the 1990 State Class AAA championship and Coach Billy Ammons for being named the Class AAA Coach of the Year by The State newspaper.

Be it further resolved that the members of the Camden High School football team, Coach Billy Ammons, and the rest of the coaching staff shall be recognized on an appropriate day in the Hall of the House of Representatives at the discretion of the Speaker for their accomplishments and shall be given the privilege of the floor on this occasion.

Be it further resolved that a copy of this resolution be forwarded to Coach Ammons and to the principal of Camden High School.

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

The following was introduced:

H. 3344 -- Rep. J.C. Johnson: A HOUSE RESOLUTION TO AMEND RULE 12.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCEPTANCE OF A CONTRIBUTION BY A CANDIDATE FOR THE HOUSE, SO AS TO DELETE REFERENCES TO THE ACCEPTANCE OF A CONTRIBUTION FOR ANY GIVEN CAMPAIGN AND ADD PROVISIONS THAT THE CONTRIBUTION BE RECEIVED IN A CALENDAR YEAR EXCEPT THAT A CANDIDATE WHOSE NAME APPEARS ON A BALLOT MORE THAN ONE TIME IN A CALENDAR YEAR MAY ACCEPT AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FROM A LOBBYIST FOR EACH TIME HIS NAME APPEARS ON THE BALLOT AND FIFTY DOLLARS CASH FROM A CONTRIBUTOR.

The Resolution was ordered referred to the Committee on Rules.

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

H. 3336 -- Reps. Rudnick and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-55 SO AS TO PROHIBIT THE SALE OR OFFER FOR SALE OF A MANUFACTURED HOME AFTER JULY 1, 1991, UNLESS A SPRINKLER SYSTEM IS INSTALLED, AND TO AUTHORIZE THE STATE FIRE MARSHAL TO PROMULGATE REGULATIONS RELATING TO THE TYPE OF SPRINKLER SYSTEM REQUIRED.

Referred to Committee on Labor, Commerce and Industry.

H. 3337 -- Reps. Rudnick, Baxley and K. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-780 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADEQUATE SEATING FOR PERSONS WHO, BECAUSE OF THEIR AGE OR INFIRMITY, CANNOT STAND FOR LONG PERIODS OF TIME IN OFFICES IN WHICH THE DEPARTMENT REGISTERS AND LICENSES MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 3338 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.

Referred to Committee on Labor, Commerce and Industry.

H. 3339 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.

Referred to Committee on Labor, Commerce and Industry.

H. 3340 -- Rep. L. Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 27 TO ARTICLE V SO AS TO PROVIDE FOR A PROCEDURE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT TO DETERMINE IF THEY SHOULD BE RETAINED TO SERVE AN ADDITIONAL TERM AFTER THEIR ELECTIONS BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3341 -- Reps. L. Martin, Marchbanks and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE FOR THE RETENTION ELECTIONS OF JUSTICES ELECTED TO THE SUPREME COURT AND THE COURT OF APPEALS AND JUDGES ELECTED TO THE CIRCUIT COURT AND THE FAMILY COURT AFTER THEIR ELECTION BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3342 -- Reps. Wright, J.C. Johnson, McAbee, Littlejohn, Corning, McCraw, Shirley, Snow, Chamblee, Sturkie, Huff, M.O. Alexander, G. Brown, Derrick, Quinn, Wilkes, Vaughn, Barber and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE, RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3343 -- Reps. Boan and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND TO EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.

Referred to Committee on Labor, Commerce and Industry.

H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

Referred to Committee on Judiciary.

S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.

Referred to Committee on Judiciary.

S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Baxley                 Beasley                Beatty
Bennett                Boan                   Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Cole
Cooper                 Cork                   Corning
Cromer                 Derrick                Faber
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Ross
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Stoddard               Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

I came in after the roll call and was present for the Session on January 29, 1991.

Mike Jaskwhich                    Irene K. Rudnick
C. Lenoir Sturkie                 Larry Elliott
Dell Baker                        Thomas E. Huff
Morgan Martin                     Ken Bailey
D. Elliott

Announcement was made that Dr. Lee Thomas of Lancaster is the Doctor of the Day for the General Assembly.

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

H. 3302 -- Rep. Burch: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.

Rep. WILKES moved to adjourn debate upon the following Bill until Wednesday, February 6, which was adopted.

H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.

The following Bill was read the third time, passed and, 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.

S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.

The following Bill was taken up.

H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11139.DW), which was adopted.

Amend the bill, as and if amended, in Section 38-71-230 (B) and (C), as contained in SECTION 1, page 1, lines 39 and 43, by inserting after /form/ /, or its successor as it may be amended from time to time/ and on line 44, page 1, by inserting after /form/ /or the successor of each or as either may be amended from time to time/ so that when amended Section 38-71-230(B) and (C) shall read:

"(B) An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a licensed physician in South Carolina must accept the standardized HCFA 1500 claim form, or its successor as it may be amended from time to time. An organization providing payment or reimbursement for diagnosis and treatment of a condition or a complaint by a hospital licensed in South Carolina shall accept the standardized UB 82 claim form, or its successor as it may be amended from time to time.

(C)     The HCFA 1500 or the UB 82 claim form or the successor of each or as either may be amended from time to time may be altered only with a customized logo which must appear in the top portion of the claim form one inch vertical from the top."

Amend title to conform.

Rep. RAMA explained the amendment.

The amendment was then adopted.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11185.DW), which was adopted.

Amend the bill, as and if amended, in SECTION 2, page 2, line 5, by striking /Twenty/ and inserting /A provider of health care services must give twenty/ and on line 9, by inserting after /property,/ /and/ so that when amended SECTION 2 shall read:

/SECTION 2. A provider of health care services must give twenty days prior notice before submitting a debt to a credit bureau or credit reporting agency or filing a lien against real or personal property, and the debtor must be notified by mail of the creditor's intention. Failure to comply with this requirement is punishable by a fine of not less than one hundred dollars for each occurrence./

Amend title to conform.

Rep. RAMA explained the amendment.

The amendment was then adopted.

Rep.WHIPPER explained the Bill.

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

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

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO AMEND SECTION 12-7-1235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN.

Rep. RAMA explained the Bill.

H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.

The following Bill was taken up.

H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11190.DW), which was adopted.

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

/SECTION 1. Article 7, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.

(B)     The offending spouse's conduct must be reported to appropriate law enforcement authorities within fifteen days in order for that spouse to be prosecuted for this offense.

(C)     The provisions of Section 16-3-659.1 do not apply to any trial brought under this section."

SECTION 2. Section 16-3-658 of the 1976 Code is amended to read:

"Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 to through 16-3-659.1 if the victim is his the legal spouse, unless the couple are living apart, by reason of court order, and the actor's offending spouse's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.

The offending spouse's conduct must be reported to appropriate law enforcement authorities within fifteen days in order for a person to be prosecuted for these offenses."

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

Amend title to conform.

Rep. NETTLES explained the amendment.

The amendment was then adopted.

Reps. HASKINS and CORNING proposed the following Amendment No. 2.

Amend the Judiciary Committee amendment, as and if amended, by inserting on Line 36, after the word victim:

"or the use of or threatened use of a deadly weapon to overcome the victim."

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. NETTLES spoke in favor of the amendment.

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

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

Rep. McABEE moved that the House do now adjourn, which was rejected.

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

The following was introduced:

H. 3346 -- Rep. Baxley: A CONCURRENT RESOLUTION EXPRESSING THE OPPOSITION AND DISPLEASURE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE POSTAL RATE INCREASES APPROVED BY THE UNITED STATES POSTAL SERVICE BOARD OF GOVERNORS WHICH BECOME EFFECTIVE FEBRUARY 1, 1991.

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

The following was introduced:

H. 3347 -- Reps. Barber, Holt, D. Martin, Gonzales, J. Bailey, R. Young, Fulmer, Rama and Hallman: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE TO MARGARET S. TOWNSEND OF CHARLESTON COUNTY FOR HER LOYAL, DEDICATED, AND UNSELFISH SERVICE FOR TWENTY-ONE YEARS ON THE SOUTH CAROLINA ELECTION COMMISSION AND THE BOARD OF STATE CANVASSERS.

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

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

H. 3348 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-435 SO AS TO PROVIDE THAT AN OFFICER OF THE PEACE, HAVING REASON TO BELIEVE A PERSON IS MENTALLY ILL AND LIKELY TO CAUSE SERIOUS HARM, MAY TAKE THE PERSON INTO PROTECTIVE CUSTODY FOR THE PURPOSE OF BEING EXAMINED BY A PHYSICIAN.

Referred to Committee on Judiciary.

H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3350 -- Reps. Burch, Hodges, Haskins, Cole, Huff, J. Harris, Baker and Keesley: A BILL TO AMEND ARTICLE 9, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KIDNAPPING, SO AS TO PROVIDE FOR THE FELONIES OF KIDNAPPING IN THE FIRST DEGREE, KIDNAPPING IN THE SECOND DEGREE, UNLAWFUL RESTRAINT IN THE FIRST DEGREE, AND UNLAWFUL RESTRAINT IN SECOND DEGREE, TO DEFINE CERTAIN TERMS IN REGARD TO THESE OFFENSES, AND TO REVISE THE CRIME OF CONSPIRACY TO KIDNAP; AND TO AMEND SECTION 16-1-10 OF THE 1976 CODE, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THESE CRIMES AS FELONIES.

Referred to Committee on Judiciary.

H. 3351 -- Rep. Cromer: A BILL TO AMEND SECTION 59-111-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR PERSONS AGE SIXTY OR OVER TO ATTEND CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, SO AS TO DELETE A PROVISION WHICH PREVENTS THE PERSON FROM BEING ENTITLED TO FREE TUITION IF HIS SPOUSE RECEIVES COMPENSATION AS A FULL-TIME EMPLOYEE.

Referred to Committee on Ways and Means.

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

H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Debate was resumed on Amendment No. 2 by Rep. HASKINS.

Rep. NETTLES continued speaking.

The amendment was then adopted.

Reps. WHIPPER and CROMER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11208.DW), which was tabled.

Amend the Report by the Committee on Judiciary, as and if amended, in Section 16-3-615(B), as contained in SECTION 1, page i, line 43, by striking /fifteen/ and inserting /thirty/.

Amend title to conform.

Rep. WHIPPER explained the amendment.

Rep. CORNING spoke against the amendment.

Rep. WHIPPER moved to table the amendment, which was agreed to.

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

Rep. WILDER moved that when the House adjourns, it adjourn in memory of Mrs. Jeannine Ross of Blackville, which was agreed to.

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

The Senate returned to the House with concurrence the following:

H. 3157 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1991, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1991, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

H. 3267 -- Reps. Sheheen, T.C. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, McTeer, Waldrop and Wilkins: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 30, 1991.

H. 3298 -- Reps. Burriss, J. Brown, Corning, Cromer, Faber, McBride, Quinn, Rogers, Scott, Waites, Wright, Derrick, Felder, Klapman, Koon, Sharpe, Sturkie, Short, Foster, McCain, Haskins, Baxley, McGinnis, Fair, Neilson, Wilkins, McKay, and Kinon: A CONCURRENT RESOLUTION CONGRATULATING MAJOR GENERAL T. ESTON MARCHANT, SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, FOR BEING NAMED "SOUTH CAROLINIAN OF THE YEAR".

H. 3299 -- Reps. R. Young, Fulmer and Rama: A CONCURRENT RESOLUTION TO CONGRATULATE DR. GERALD R. HASTY FOR RECEIVING THE TITLE OF PROFESSOR EMERITUS IN HISTORY AND POLITICAL SCIENCE FROM CHARLESTON SOUTHERN UNIVERSITY.

H. 3300 -- Reps. G. Brown and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE RAY ALEXANDER OF LEE COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER SERVING CONTINUOUSLY SINCE 1970 AS A MEMBER OF LEE COUNTY COUNCIL.

H. 3334 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE FEDERAL-MOGUL CORPORATION'S SUMMERTON PLANT FOR BEING AWARDED GENERAL MOTORS' "MARK OF EXCELLENCE" AWARD.

H. 3335 -- Reps. Sheheen, Baxley and Burch: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL BULLDOG FOOTBALL TEAM FOR WINNING THE 1990 STATE CLASS AAA CHAMPIONSHIP AND COACH BILLY AMMONS FOR BEING NAMED THE CLASS AAA COACH OF THE YEAR BY THE STATE NEWSPAPER.

H. 3347 -- Reps. Barber, Holt, D. Martin, Gonzales, J. Bailey, R. Young, Fulmer, Rama and Hallman: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS GRATITUDE TO MARGARET S. TOWNSEND OF CHARLESTON COUNTY FOR HER LOYAL, DEDICATED, AND UNSELFISH SERVICE FOR TWENTY-ONE YEARS ON THE SOUTH CAROLINA ELECTION COMMISSION AND THE BOARD OF STATE CANVASSERS.

At 12:59 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Mrs. Jeannine Ross of Blackville, to meet at 2:00 P.M. tomorrow.

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