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:

Almighty God, Who has given to us a land of freedom and liberty, grant to us the willingness and the ability to maintain these blessings not only for ourselves but that they may be continued to our children and to our children's children to be an ongoing blessing to the nations of the world, even to all generations to come. We give to You hearty thanks that in the midst of evil You show mercy to deliver us from fear and anxiety into Your way of peace and righteousness.

So help us, God, both now and always. Amen.

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

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

The following were received and referred to the appropriate committees for consideration.

Document No. 1367
Promulgated By State Board of Cosmetology
Guidelines For Operation of Cosmetology Schools and Programs in Public Schools
Received By Speaker February 11, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 11, 1991

Document No. 1369
Promulgated By State Board of Architectural Examiners
Practice of Architecture
Received By Speaker February 11, 1991
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date June 11, 1991

The following was introduced:

H. 3475 -- Rep. Waites: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 3.13 SO AS TO PROHIBIT A MEMBER OF THE HOUSE OF REPRESENTATIVES WHO HAS BEEN DEFEATED IN A PARTY PRIMARY OR RUNOFF, OR WHO HAS FAILED TO FILE FOR REELECTION, TO ATTEND CONFERENCES FOR LEGISLATORS AT STATE EXPENSE.

The Resolution was ordered referred to the Committee on Rules.

The Senate sent to the House the following:

S. 625 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING MR. WILLIE DUBERRY OF SUMMERVILLE ON THE OCCASION OF HIS ONE HUNDRED AND TWENTY-FIRST BIRTHDAY.

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

The Senate sent to the House the following:

S. 626 -- Senators Drummond, Bryan, Courson, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. MABLE MAUDE GIBSON WADDELL OF BEAUFORT, MOTHER OF OUR DEAR FRIEND AND COLLEAGUE, SENATOR JAMES M. WADDELL, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

Rep. HAYES moved that when the House adjourns it adjourn in memory of Lt. Col. Jerry W. Norton of Aiken, which was agreed to.

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

H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.

Referred to Committee on Judiciary.

H. 3477 -- Reps. Barber, Wilkins, J. Williams, G. Bailey, Rama, Cole, L. Elliott, Chamblee, Kempe, A. Young, Klapman, Smith, Beatty, Haskins, Cato, Vaughn, Sturkie, Holt, J.W. Johnson, J. Brown, Scott, Huff, Lanford, Koon, Wilkes, Wright, Burch, Corning, Gregory, J.C. Johnson and Waites: A BILL TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Referred to Committee on Judiciary.

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: GRADES 9-12, VII. THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1348, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1349, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS: BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC PROGRAM FOR GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 1351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3488 -- Reps. M.O. Alexander, T.C. Alexander, J. Bailey, Corning, Sharpe, Klapman, L. Martin, Ross, Smith, Hodges, Koon, Burriss and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.

Referred to Committee on Education and Public Works.

H. 3489 -- Reps. Neilson, McGinnis, G. Brown, J. Bailey, Wells, Klapman, Harwell, Smith, McKay, Littlejohn, Keegan, Harvin, D. Elliott, Cork, McCraw, Fulmer, Beatty, Lanford, Vaughn, Kempe, Cato, Meacham, Rama, Haskins, Houck, A. Young, L. Martin, Marchbanks, Farr and Phillips: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 14 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF STATE EMPLOYEES, TO REQUIRE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, AND TO PROVIDE PROCEDURES FOR THE CONFIDENTIALITY, RELIABILITY, AND FAIRNESS OF THIS DRUG TESTING.

Referred to Committee on Labor, Commerce and Industry.

H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.

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

H. 3491 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT, UPON VERIFICATION BY THE COUNTY VETERANS' AFFAIRS OFFICER THAT THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS HAS RATED A NONSERVICE-CONNECTED VETERAN AS ENTITLED TO CERTAIN BENEFITS, A PLACARD MUST BE ISSUED PURSUANT TO SECTION 56-3-1960 (FREE PARKING FOR HANDICAPPED PERSONS) WITHOUT THE NECESSITY OF PHYSICIAN'S STATEMENT AND WITHOUT FEES.

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

H. 3492 -- Rep. Felder: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A HUNTING AND FISHING LICENSE FOR A PERMANENTLY AND TOTALLY DISABLED VETERAN, SO AS TO CHANGE THE FEDERAL AGENCY WHICH DETERMINES WHETHER THE VETERAN IS ONE HUNDRED PERCENT TOTALLY AND PERMANENTLY DISABLED FOR PURPOSES OF OBTAINING THE LICENSE, AND TO INCLUDE THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS AND COUNTY VETERANS' AFFAIRS OFFICERS AS AGENCIES WHICH CAN MAKE THE SAME DETERMINATION.

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

H. 3493 -- Rep. Felder: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDATION OF VETERANS' DISCHARGE AND OBTAINING A CERTIFIED COPY OF A REGISTERED DISCHARGE OR REGISTERED CERTIFICATE OF LOST DISCHARGE, SO AS TO DELETE THE PROVISION FOR A SPECIFIC FEE OF FIFTY CENTS FOR THE CERTIFIED COPY AND PROVIDE THAT FEES FOR FURNISHING A CERTIFIED COPY MAY BE ESTABLISHED BY EACH COUNTY BUT NOT TO EXCEED FIFTY CENTS, TO PROVIDE THAT THE CLERK OF COURT MAY DESIGNATE TO THE COUNTY VETERANS' AFFAIRS OFFICER RESPONSIBILITIES UNDER SECTIONS 30-15-10, 30-15-20, 30-15-30, 30-15-40, AND 30-15-60 UPON AGREEMENT OF THE CLERK AND VETERANS' AFFAIRS OFFICER, TO PROVIDE THAT ANY TRANSFER OF RECORDS MUST BE APPROVED BY THE COUNTY GOVERNING BODY, AND TO PROVIDE THAT, UPON THE TRANSFER OF RECORDS BEING MADE, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE CERTIFIED COPIES AS REQUESTED.

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

H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.

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

H. 3495 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MOTOR VEHICLES ON A MONTHLY BASIS, SO AS TO CHANGE REGISTRATION AND LICENSING DATES OF CERTAIN MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.

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

H. 3497 -- Reps. Waites, Corning, Manly, Wright and Whipper: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.

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

H. 3498 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

Referred to Committee on Education and Public Works.

H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.

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

S. 146 -- Senator Land: A BILL TO AMEND SECTION 56-5-5150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY DEVICES WHEN VEHICLES ARE TOWED, SO AS TO EXEMPT FARM WAGONS, TRAILERS, AND OTHER IMPLEMENTS OF HUSBANDRY.

Referred to Committee on Education and Public Works.

S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.

Referred to Committee on Education and Public Works.

S. 248 -- Senator Martschink: A BILL TO AMEND SECTION 48-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE LOW COUNTRY RESOURCES, CONSERVATION, AND DEVELOPMENT AUTHORITY, SO AS TO CORRECT THE REFERENCE TO THE NUMBER OF MEMBERS AND DELETE THE REFERENCES TO THE INITIAL APPOINTEES AND ORGANIZATIONAL MEETING.

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

S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.

Referred to Committee on Judiciary.

S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

Rep. McCAIN raised the Point of Order that S. 393 was out of order as it dealt with the disposition of revenue and was inappropriately introduced in the Senate.

The SPEAKER stated that the Joint Resolution did not affect the revenue, but only the extension of the filing time and it did not change the present law and he overruled the Point of Order and ordered the Joint Resolution to the Ways and Means Committee.

Referred to Committee on Ways and Means.

S. 589 -- Banking and Insurance Committee: 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 "VALID" AS IT APPLIES TO "ORDER" AND 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 AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; 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.

S. 590 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.

Referred to Committee on Labor, Commerce and Industry.

S. 591 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-87-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; AND TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE.

Referred to Committee on Labor, Commerce and Industry.

S. 592 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.

Referred to Committee on Labor, Commerce and Industry.

S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION.

Referred to Committee on Labor, Commerce and Industry.

S. 594 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; AND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS.

Referred to Committee on Labor, Commerce and Industry.

S. 595 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-55-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM.

Referred to Committee on Labor, Commerce and Industry.

S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

Referred to the Laurens Delegation.

S. 206 -- Senator Setzler: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING MOTOR VEHICLES IN THIS STATE FOR PURPOSES OF THE ROAD TAX, SO AS TO REDUCE FROM FIFTY-FIVE PERCENT TO THIRTY PERCENT THE AMOUNT OF THE ANNUAL REGISTRATION FEE CREDITED TO THE STATE HIGHWAY FUND.

Rep. McCAIN raised the Point of Order that S. 206 was out of order as it dealt with the disposition of revenue and was inappropriately introduced in the Senate.

The SPEAKER stated that it was in violation of Article III, Section 15 of the Constitution by being introduced in the Senate and he sustained the Point of Order and ordered the Bill returned to the Senate.

The following was introduced:

H. 3500 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MRS. BARBARA JACKSON, FOURTH GRADE TEACHER AT NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY, UPON BEING SELECTED AS RICHLAND SCHOOL DISTRICT TWO'S TEACHER OF THE YEAR FOR 1990-91.

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

I came in after the roll call and was present for the Session on Tuesday, February 12.

Doug E. McTeer                    Paul M. Burch
John B. Williams                  C. Lenoir Sturkie
Dick Elliott                      Steve Lanford
Thomas E. Huff                    Derham Cole
Ronald P. Townsend                L. Morgan Martin
James L.M. Cromer, Jr.            Maggie Glover

Announcement was made that Dr. Monnieque Singleton of Ehrhardt is the Doctor of the Day for the General Assembly.

Rep. WAITES moved to adjourn debate upon the following Bill until Tuesday, February 19, 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 taken up, read the third time, and ordered sent to the Senate.

H. 3051 -- Rep. D. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING, AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.

The following Bill was taken up.

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

Reps. BOAN, T.C. ALEXANDER and McLEOD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18125.SD), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION ___. The South Carolina Real Estate Commission during fiscal year 1990-91 may use any funds appropriated to it for this year, which the Commission determines are not and will not be needed for the purposes appropriated, to implement the provisions of this act including the organizational and start-up expenses of the South Carolina Real Estate Appraisers Board established in Chapter 60 of Title 40 as contained in Section 1 of this act. The Commission in implementing the provisions of this section is not required to obtain the prior approval of the Budget and Control Board although Budget and Control Board and Comptroller General accounting and fiscal procedures must be followed and the provisions of Paragraph 112.2, of Section 112, Part I, Act 612 of 1990 are superseded to the extent authorized by this section./

Renumber sections to conform.

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 2, which was adopted.

Amend the bill, as and if amended, by:

Deleting at page 6, all of lines 33 - 37.

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. McLEOD spoke against the amendment.

Rep. HASKINS spoke in favor of the amendment.

Rep. G. BAILEY moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Baker                  Beatty
Bennett                Brown, G.              Burch
Carnell                Chamblee               Elliott, L.
Faber                  Farr                   Felder
Foster                 Harvin                 Holt
Houck                  Johnson, J.W.          Keesley
Kinon                  Koon                   Martin, M.
Mattos                 McAbee                 McBride
McKay                  McLeod                 McTeer
Neilson                Nettles                Phillips
Rhoad                  Rudnick                Scott
Shirley                Short                  Smith
Snow                   Stoddard               Sturkie
Townsend               Waldrop                Whipper
White                  Wilder                 Williams, D.

Those who voted in the negative are:

Barber                 Baxley                 Brown, H.
Brown, J.              Bruce                  Burriss
Cato                   Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Fair
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Haskins                Hayes                  Hendricks
Hodges                 Jaskwhich              Keegan
Kempe                  Keyserling             Kirsh
Klapman                Lanford                Littlejohn
Manly                  Marchbanks             Martin, L.
McCain                 McElveen               McGinnis
Meacham                Quinn                  Rama
Rogers                 Ross                   Sharpe
Sheheen                Tucker                 Vaughn
Waites                 Wells                  Wilkins
Wofford                Wright                 Young, A.
Young, R.

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

The following Bill was taken up.

H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Hodges, Sheheen, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Reps. M.O. ALEXANDER and WRIGHT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18156.SD), which was adopted.

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

/SECTION 2. This act takes effect six months after approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

Rep. McABEE spoke against the Bill.

Reps. G. BAILEY, CARNELL, McABEE, FELDER, KOON, SMITH, and D. WILLIAMS objected to the Bill.

I objected to H. 3081 because I feel this Bill needs to have extended debate on the contested Calendar.

Rep. MARION P. CARNELL

Rep. CORNING moved to adjourn debate upon the following Bill until Wednesday, February 13, which was adopted.

H. 3011 -- Reps. Kirsh and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

Rep. CARNELL moved to adjourn debate upon the following Bill until Tuesday, February 19, which was adopted.

H. 3064 -- Reps. P. Harris, Carnell, Corning J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.

The following Bill was taken up.

H. 3075 -- Reps. P. Harris, Carnell, Corning J. Harris and Mattos: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 7, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WOFFORD explained the amendment.

The amendment was then adopted.

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

The following Joint Resolution was taken up.

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

Reps. CARNELL, FELDER, FOSTER, BARBER and WHITE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1220.AC), which was adopted.

Amend the resolution, as and if amended, by adding at the end of Section 1:

/(D)     The Health and Human Services Finance Commission may withhold the next three hundred thousand dollars collected under paragraph 38A.20, Part I, of Act 612 of 1990, the General Appropriations Act of 1990-91, that normally would be remitted to the general fund to be used for purposes of this joint resolution. The funds generated by this resolution available in the first quarter of fiscal year 1991-92 must replenish the general fund account under paragraph 38A.20./

Amend further by adding a new Section 2 to read:

/SECTION 2.     Penalties assessed against nursing homes for violations of their Medicaid nursing home permits as specified in Section 44-7-90 are waived for fiscal year 1990-91. Penalties as specified in Section 44-7-90(B) must be applied to those nursing home facilities that exceed their permitted days, their census as of January 1, 1991, or their average January census, whichever is greater./

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3043 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 7, by the Committee on Ways and Means.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

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

H. 3443 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO MERIT RATING PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1257, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. J. BAILEY explained the Joint Resolution.

H. 3444 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO DATES FOR PAYMENT OF ANNUAL LICENSE FEES FOR INSURANCE AGENTS, BROKERS, ADJUSTERS, AGENCIES, AND MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1312, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. J. BAILEY explained the Joint Resolution.

H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

Rep. KIRSH explained the Bill.

Rep. KOON withdrew his objection to H. 3081 however, other objections remained upon the Bill.

The following Concurrent Resolution was taken up.

H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.

Whereas, due to recent action taken by the United States Congress, beginning this year owners of boats sixteen feet in length and longer will be required to pay an annual recreational boating "user fee". The fee depends on the length of the boat; and

Whereas, according to disgruntled boat owners affected by the tax, the government will get approximately one hundred thirty million dollars from the "user fee" and not one cent is earmarked for boating improvements or boating safety; and

Whereas, there is a substantial penalty if boat owners do not comply with this unjust legislation. Now, therefore,

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

That the members of the General Assembly memorialize the United States Congress to repeal a recreational boating "user fee" which recently was adopted.

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

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

The following Concurrent Resolution was taken up.

H. 3223 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.

Whereas, the South Carolina Legislative Joint Committee on Insurance has undertaken a study of the factors that contribute to the rising cost of health care; and

Whereas, one finding of the committee is that there presently is an insufficient number of certified laboratory technicians and radiological technicians to meet current demand; and

Whereas, the shortage of certified technicians is an acute problem in the rural areas of South Carolina. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is directed to promulgate regulations in accordance with its rule making authority allowing for the certification of individuals, based on a course of education, training, and other relevant standards prescribed by the department, to act as both laboratory technicians and radiological technicians at the same institution.

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

The following Concurrent Resolution was taken up.

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

Whereas, there is a shortage of nursing home beds to meet the need of our citizens requiring long-term care; and

Whereas, to help meet this need some hospitals are converting portions of their facilities to nursing homes or utilizing the swing bed program; and

Whereas, hospital standards concerning certain nursing requirements and bed requirements are more stringent than nursing home standards; and

Whereas, the application of hospital standards to hospital-based nursing homes is more costly than applying nursing home standards and is not required to comply with federal law; and

Whereas, it would be beneficial to the overall reduction of health care costs in South Carolina to modify hospital-based nursing home standards. Now, therefore,

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

That the South Carolina Department of Health and Environmental Control is recommended to amend its nursing home regulations to create a new set of staffing standards for distinct part or hospital-based nursing homes utilizing nursing hours a patient day instead of the nurses' nursing station and bed capacity standard that currently exists to include the following:

(1)     A registered nurse must be on duty for at least eight consecutive hours a day, seven days a week. This minimum is required by OBRA-1987 (not tied to bed capacity).

(2)     The nursing facility will provide licensed nurses on a twenty-four hour basis, in any RN and LPN combination (not allocated to station but to total facility).

(3)     The number of total nursing personnel (including aides, orderlies, and licensed nurses) on duty in addition to the Director of Nursing during a twenty-four hour period shall provide at least two and one-tenth hours of care a patient day. Increments of additional staff will be required only when FTE calculation exceeds fifty percent of a FTE adjustment.

(4)     Allocations of staff by shift must be evaluated by the Director of Nursing to assure that residents' health, safety, and personal care needs are met.

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

The following Concurrent Resolution was taken up.

H. 3225 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has conducted a study of utilization review firms doing business in South Carolina; and

Whereas, the study included consideration of the procedures to be followed by utilization review firms to insure the health and safety of the citizens of this State and the containment of health care costs in this State; and

Whereas, the promulgation of regulations by the Chief Insurance Commissioner is necessary to implement procedures to be followed by utilization review firms to achieve the health and safety of our citizens and health care cost containment. Now, therefore,

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

That the Chief Insurance Commissioner is directed to promulgate regulations, in accordance with the rule making authority vested in him, containing at least the following provisions:

(A)     Each utilization review firm shall seek accreditation through the Utilization Accreditation Commission.

(B)     Each utilization review firm shall establish procedures so that its operation is in accordance with the following requirements:

(1)     Notification of Decisions Both Favorable and Adverse:

(a)     Telephone notification of decisions within one business day must be communicated to the individual who requests a review telephonically (subscriber or provider).

(b)     Written notification and decisions must be mailed to the insured or provider within five business days.

(2)     Appeals Process:

(a)     An initial appeal of a decision must be documented to have been reviewed by a licensed physician. In addition, a licensed physician consultant to the review agent must be available for direct appeals from providers within one business day of a request for appeal.

(b)     The review agent must provide a structure for the conduct of formal grievance procedures. The formal grievance procedure must include a physician consultant and provide a review by a physician consultant in the medical specialty most appropriate to the case in question.

(c)     The appeals process must contain specific time frames for the resolution of appealed cases:

(i)     forty-eight hours for an informal appeal;

(ii)     thirty days for a formal grievance process.

(3)     Accessibility:

(a)     The review agency must be accessible to insureds and providers in South Carolina for a minimum of forty hours a week during the hours of 9:00 a.m. to 5:00 p.m., South Carolina time.

(b)     The review agency must provide toll-free telephone lines with sufficient accessibility to ensure a reasonable response to inquiry. A reasonable time frame for response would be an average telephone queue time not to exceed sixty seconds.

(4)     Qualifications of Personnel:

At a minimum, the review agent must be a currently licensed nurse or physician. Additionally, the review agent must have the immediate availability of a licensed physician consultant for interface with providers in South Carolina.

(5)     Booklets and other materials designed to inform patients regarding the requirements of the utilization plan and their rights and responsibility under that plan must include, at a minimum, correct telephone numbers and addresses of the review agent, and a description of the appeals process and the grievance process.

(6)     Confidentiality of medical information must be assured. A confidentiality statement must be included in the informational materials described in (5) above. A description of medical record handling procedures also must be included in the application for a certificate.

(C)     Application for a certificate filed by a review agent must include detailed specific references to the utilization criteria that form the basis of their utilization program. For example, InterQual criteria may be quoted as the source document for a utilization review program.

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

The following Concurrent Resolution was taken up.

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

Whereas, the State of South Carolina presently has a patient classification system which results in overutilization of hospital and nursing home facilities for patients needing less than acute care; and

Whereas, the State of South Carolina has a shortage of nursing home facilities to meet the needs of her citizens; and

Whereas, present studies show the number of individuals likely to need long-term residential care facilities will increase in the future. Now, therefore,

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

That the South Carolina Joint Insurance Study Committee examine and develop a mechanism to provide adequate state-supported boarding home and nursing home facilities which will insure, through an appropriate medical protocol and funding formula, that proper medical care will be provided in these facilities so that transfer to acute care hospitals will not be necessary and more effective utilization of the state's health care resources and facilities will occur.

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

The following Concurrent Resolution was taken up.

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has undertaken a study to reduce the rate of increase in health care costS in South Carolina and the number of the uninsured population; and

Whereas, the Joint Health Care Planning and Oversight Committee currently is studying the Medicaid procedural requirements and should be commended for its efforts; and

Whereas, one finding of the committee is that a large number of eligible Medicaid recipients are not offered benefits because of procedural denials; and

Whereas, the uninsured population could be reduced if the number of eligible Medicaid recipients being denied benefits through procedural denials is reduced. Now, therefore,

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

That the Health and Human Services finance Commission conduct a review of the Medicaid eligibility requirements to determine the number of eligible Medicaid recipients being denied benefits because of failure to comply with Medicaid procedural requirements.

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

Rep. J.W. JOHNSON moved to dispense with the Motion Period.

As a first substitute Rep. BAXLEY moved to recall H. 3346 from the Invitations Committee.

As a second substitute Rep. McTEER moved to dispense with the balance of the Motion Period, which was agreed to.

Rep. WILKINS moved to adjourn debate upon the following Joint Resolution until Tuesday, February 19, which was adopted.

H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.

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

The Senate returned to the House with concurrence the following:

H. 3500 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MRS. BARBARA JACKSON, FOURTH GRADE TEACHER AT NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY, UPON BEING SELECTED AS RICHLAND SCHOOL DISTRICT TWO'S TEACHER OF THE YEAR FOR 1990-91.

At 12:55 P.M. the House in accordance with the motion of Rep. HAYES adjourned in memory of Lt. Col. Jerry W. Norton of Aiken, to meet at 2:00 P.M. tomorrow.

This web page was last updated on Tuesday, June 30, 2009 at 8:52 A.M.