Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Eternal God, above us yet within us, far off yet near, we bow in Your presence in gratitude because You are so wonderfully good to us.

We thank You especially now for those men and women who are giving themselves in real and deep devotion to our beloved Country, seeking to put justice above injustice, good will above ill will, principle above prejudice, and liberty above license.

Thank you for the constancy of Your care which has brought us along our way and blessed us all our days. 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 following was received.

February 20, 1991
The Honorable Robert J. Sheheen, Speaker
House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Bob:

I am, as of this date, resigning as a member of the House of Representatives from District #74 Richland County. This letter of resignation is tendered in a spirit of concern, not only for my own interests but also for the interests of the people who have elected me to represent them for the past seven years.

Let me thank you and the other members of the House of Representatives for the courtesies and kindnesses that have been shown me during my tenure here in the House. It is my sincere hope that you and the members of the House will continue to work for the welfare of the State of South Carolina.

Sincerely,
Frank E. McBride

Received as information.

The following was received.

February 19, 1991
The Honorable Robert J. Sheheen, Speaker
S.C. House of Representatives
506 Solomon Blatt Building
Post Office Box 11867
Columbia, South Carolina 29211

Dear Speaker Sheheen:

Regretfully I am this date resigning as a member of the South Carolina House of Representatives, House District 70.

Yours truly,
James Faber

Received as information.

The following was received.
Columbia, S.C., February 20, 1991

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. BOAN, the invitation was accepted.

The following was received.
Columbia, S.C., February 19, 1991

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. 562:
S. 562 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 3-9, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.
Very respectfully,
President

Received as information.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3175 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CAPTIVE INSURANCE COMPANIES, BY ADDING CHAPTER 91 SO AS TO PROVIDE DEFINITIONS OF TERMS USED IN CONNECTION WITH CAPTIVE INSURANCE COMPANIES; TO PROVIDE RESTRICTIONS ON WHAT INSURANCE BUSINESS MAY BE PERFORMED BY A COMPANY AND TO PROVIDE THE REQUIREMENTS FOR LICENSURE AND FOR CONDUCTING INSURANCE BUSINESS IN THE STATE; TO PROHIBIT THE USE OF A COMPANY NAME THAT MAY BE CONFUSED WITH AN EXISTING BUSINESS NAME; TO PROVIDE UNIMPAIRED PAID-IN CAPITAL REQUIREMENTS; TO PROVIDE FEE SURPLUS REQUIREMENTS; TO PROVIDE FOR REQUIREMENTS SPECIFIC TO THE INCORPORATION OF A CAPTIVE INSURANCE COMPANY; TO REQUIRE FILING OF ANNUAL REPORTS; TO PROVIDE FOR INSPECTIONS AND EXAMINATIONS REGARDING ITS FINANCIAL CONDITION, ABILITY TO FULFILL ITS OBLIGATIONS, AND COMPLIANCE WITH THIS CHAPTER; TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A LICENSE MAY BE SUSPENDED OR REVOKED; TO PROVIDE INVESTMENT REQUIREMENTS; TO AUTHORIZE A COMPANY TO PROVIDE REINSURANCE AND TO PROVIDE REINSURANCE REQUIREMENTS; TO PROVIDE THAT NO COMPANY IS REQUIRED TO JOIN A RATING ORGANIZATION; TO PROHIBIT PARTICIPATION IN OR BENEFIT FROM A PLAN, POOL, ASSOCIATION, OR GUARANTY OR INSOLVENCY FUND; TO PROVIDE A RATE OF TAXATION ON INSURANCE PREMIUMS AND ON ASSUMED REINSURANCE PREMIUMS, TO ESTABLISH A MINIMUM TAX TO BE PAID, TO ESTABLISH PENALTIES FOR FAILURE TO COMPLY, AND TO REQUIRE TEN PERCENT OF THE PREMIUM TAX REVENUES COLLECTED BE APPROPRIATED TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR REGULATING CAPTIVE INSURANCE COMPANIES; TO AUTHORIZE THE PROMULGATION OF REGULATIONS; TO PROHIBIT THE APPLICATION OF OTHER TITLE 38 PROVISIONS TO CAPTIVE INSURANCE COMPANIES; TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND TO PROVIDE FINANCIAL MEANS FOR ADMINISTRATION OF THIS CHAPTER; AND TO PROVIDE THAT TITLE 38 INSURANCE REORGANIZATION, RECEIVERSHIPS, AND INJUNCTIONS APPLY TO CAPTIVE INSURANCE COMPANIES.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3242 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE INSURANCE FOR AN INSURED'S SPOUSE, CHILDREN, AND DEPENDENTS AND CLAIMS OF THE INSURED'S CREDITORS, SO AS TO REVISE THE PROVISIONS FOR THE CREDITORS' RIGHTS UNDER LIFE INSURANCE POLICIES AND PROVIDE FOR THE CLAIMS OF CREDITORS OF THE INSURED UNDER VARIOUS OTHER INSURANCE CONTRACTS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.

Ordered for consideration tomorrow.

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

H. 3304 -- Reps. J. Harris, Tucker, Waldrop, Clyborne and Corning: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF AND PROSECUTION FOR FRAUDULENT INTENT IN DRAWING A CHECK, SO AS TO INCREASE THE SERVICE CHARGE FROM FIFTEEN TO TWENTY DOLLARS.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

Ordered for consideration tomorrow.

On motion of Rep. ALTMAN, with unanimous consent, the following was taken up for immediate consideration:

H. 3541 -- Reps. Altman, Snow and Harvin: A CONCURRENT RESOLUTION TO NAME THE NEW DIVISION OF MOTOR VEHICLES COLUMBIA SHOP ROAD DISTRICT AND BRANCH OFFICE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IN HONOR OF EMORY P. AUSTIN, JR.

Whereas, Emory P. Austin, Jr., served as director of the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation from 1968 until his retirement in 1986; and

Whereas, Mr. Austin was only the fourth person to hold that position since 1935, and served longer than any of his predecessors, at a time when the numbers of registered vehicles and registered drivers in the State increased to well over two million of each, and when the number of full-time motor vehicle offices increased from twenty-one to fifty-eight; and

Whereas, under his leadership, the division handled approximately five million transactions with the motoring public each year; and

Whereas, Mr. Austin also served as the department's principal liaison with the General Assembly during this same period of time; and

Whereas, Mr. Austin's career with the department spanned thirty-one years, beginning in 1954. He held supervisory positions in the audit and review, titles and registration, and safety responsibility and accident records sections, and, in 1964, was named administrative assistant to Chief Highway Commissioner Silas N. Pearman. This assignment involved general administrative duties, liaison with the divisions of the department and the General Assembly and also the responsibility of conducting public hearings on highway design and location; and

Whereas, the members of the General Assembly and the South Carolina State Highways and Public Transportation Commission wish to recognize Mr. Austin in a tangible way for his years of distinguished public service. Now, therefore,

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

That the new Division of Motor Vehicles Columbia Shop Road District and Branch Office, scheduled to open in April, 1991, be named in honor of Emory P. Austin, Jr.

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

The following was introduced:

H. 3542 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND PEARL F. FRYAR OF BISHOPVILLE FOR HIS MANY AWARDS AND EXCELLENT WORK IN LANDSCAPING, GARDENING, AND PLANT PROPAGATION AND IN PARTICULAR HIS SCULPTURE TOPIARY GARDEN.

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

The following was introduced:

H. 3543 -- Reps. Harvin, Carnell, Kinon, Wofford, Rudnick, Short, Hendricks, Fair, Houck, Hayes, D. Martin, Jaskwhich, J. Williams, J. Harris, Burch, Marchbanks, Meacham, Gonzales, McCraw, Bruce, Cato, Ross, Foster, Baker, Haskins, Kirsh, Glover, McGinnis, Kempe, Cooper, Burriss, Sharpe, Sturkie, G. Brown, Beatty, Rogers, Barber, H. Brown, Felder, Cromer, Wright, White, Smith, Koon, Scott, McLeod, J. Brown, G. Bailey, Klapman, Wells, Altman, Snow, Vaughn, Hodges, McAbee, Shirley, P. Harris, McTeer, T.C. Alexander, Littlejohn and D. Elliott: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

The following was introduced:

H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.

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

The following was introduced:

H. 3545 -- Reps. R. Young, Gonzales and Holt: A CONCURRENT RESOLUTION TO CONGRATULATE THE HONORABLE CASPER H. PADGETT, SR., UPON HIS RETIREMENT FROM EIGHTEEN YEARS OF SERVICE AS NORTH CHARLESTON MUNICIPAL COURT JUDGE, TO THANK HIM FOR HIS DEDICATED, UNTIRING SERVICE TO HIS COMMUNITY AND THIS STATE, AND TO WISH HIM GOOD HEALTH AND HAPPINESS IN HIS RETIREMENT.

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

The Senate sent to the House the following:

S. 674 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 26, 1991, "YORK COUNTY DAY".

Whereas, Rand-McNally's almanac survey rated York County as having the highest quality of life in South Carolina; and

Whereas, in a twelve county survey, York County was rated by eighty-two percent of the respondents as having excellent or good business conditions and by ninety-two percent as having the most positive business climate during the next five years in the metro Charlotte area; and

Whereas, a total of five new companies have located to York County during 1990, providing a total investment of 7.5 million dollars and a total of one hundred forty-five jobs; and

Whereas, five existing York County Industries expanded in 1990 for a total investment of 6.85 million dollars and one hundred thirty-five new jobs. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 26, 1991, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers in York County.

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

The Senate sent to the House the following:

S. 675 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ROBERT "BOBBY" F. MOREL OF COLUMBIA FOR HIS HEROIC ASSISTANCE TO A CHARLOTTE POLICEMAN INVOLVED IN A SHOOT-OUT WITH A BURGLARY SUSPECT.

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

The Senate sent to the House the following:

S. 676 -- Senators Stilwell, Thomas, Wilson, Courson, Giese, McConnell, Peeler, J. Verne Smith, Russell, Shealy, Rose, Martschink, Mitchell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE C. C. "CURT" CLINKSCALES, III.

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

The Senate sent to the House the following:

S. 686 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND STEVE SAXON OF SIMPSONVILLE FOR HIS BRAVERY IN RESCUING A GIRL FROM A BURNING CAR AND TO EXTEND AN INVITATION FOR HIM TO VISIT THE GENERAL ASSEMBLY.

Whereas, Steve Saxon of Simpsonville was a neighbor who allowed a passing motorist to use his telephone to call for emergency help on Sunday, February 10, 1991; and

Whereas, he returned to the scene of an accident with the motorist who witnessed the accident on Fork Shoals Road in Simpsonville; and

Whereas, upon arrival at the scene, it was found that the car driven by Arthur Alexander had slammed into a tree killing him and leaving his daughter in the car; and

Whereas, the car was engulfed in flames and eight-year old Jennifer was screaming for her daddy; and

Whereas, Mr. Saxon's instincts as a father of four girls caused him to rush to the back seat door and reach into the front seat to pull Jennifer out; and

Whereas, Jennifer Alexander was saved from the fire and has been released from the hospital; and

Whereas, the Greenville County Council has recognized Mr. Saxon for his heroic endeavor and he has been called a hero by County Coroner Charlie Garrett; and

Whereas, Mr. Saxon put his own life on the line to retrieve Jennifer from the burning wreckage. Now, therefore,

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

That the members of the General Assembly commend Mr. Steve Saxon of Simpsonville for his heroic act in saving Jennifer Alexander from a burning car and extend an invitation to him to visit the General Assembly at his convenience.

Be it further resolved that a copy of this resolution be forwarded to Mr. Saxon.

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

The Senate sent to the House the following:

S. 687 -- Senator Wilson: A CONCURRENT RESOLUTION TO COMMEND THE SOUTHERN INTERSCHOLASTIC PRESS ASSOCIATION (SIPA), ITS MEMBERS, AND OFFICERS DURING ITS SIXTY-SIXTH ANNUAL CONVENTION AND ITS NINETEENTH YEAR UNDER THE SPONSORSHIP OF THE COLLEGE OF JOURNALISM AND MASS COMMUNICATIONS AT THE UNIVERSITY 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. 688 -- Senators Fielding, Martschink, McConnell, Passailaigue and Washington: A CONCURRENT RESOLUTION COMMENDING MR. PHILLIP SIMMONS, CHARLESTON'S MASTER BLACKSMITH, FOR HIS OUTSTANDING IRONWORK OVER MANY DECADES AND CONGRATULATING HIM SPECIFICALLY UPON HIS LATEST CREATION, THE GATE AT THE ENTRANCE TO THE CITY'S NEW VISITOR RECEPTION AND TRANSPORTATION CENTER.

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

The Senate sent to the House the following:

S. 689 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE THE STATE NEWSPAPER ON THE CELEBRATION OF ITS CENTENNIAL.

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

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

H. 3546 -- Rep. Hayes: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN THE OPERATOR OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT A PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN A DEATH MUST HAVE A TEST PROVIDED BY THIS SECTION ADMINISTERED TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN HIM.

Referred to Committee on Judiciary.

H. 3547 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-27-185 SO AS TO PROVIDE THAT UPON RECORDATION, FINAL SUBDIVISION PLAN ROADWAYS SUPERSEDE ROADS THAT WERE ON A PREVIOUSLY RECORDED PLAT OR DEED.

Referred to Committee on Labor, Commerce and Industry.

H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.

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

H. 3549 -- Reps. Burch, McLeod and Rhoad: A BILL TO AMEND SECTIONS 12-27-720, 12-27-750, AND 12-27-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUND ALLOWED FOR GASOLINE TAXES PAID ON GASOLINE USED EXCLUSIVELY IN FARM OPERATIONS, SO AS TO EXTEND THE REFUND TO GASOLINE PURCHASED FROM LICENSED RETAILERS, TO DELETE BOND REQUIREMENTS, TO REQUIRE THAT REFUND GASOLINE INVOICES BE LEGIBLE AND CONTAIN ALL INFORMATION REQUIRED BY THE TAX COMMISSION, AND TO PROVIDE THAT RETAILERS OR DISTRIBUTORS WHO FAIL TO MAINTAIN THE REQUIRED RECORDS MAY NOT SELL REFUND GASOLINE FOR ONE YEAR.

Referred to Committee on Ways and Means.

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

Referred to Committee on Judiciary.

H. 3551 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO PROVIDE FOR INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS TO ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY.

Referred to Committee on Labor, Commerce and Industry.

H. 3552 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO REPEAL SECTION 38-77-605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON PREMIUM NOTICES AND BILLS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.

Referred to Committee on Labor, Commerce and Industry.

H. 3554 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3555 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1304, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.

Referred to Committee on Ways and Means.

H. 3559 -- Reps. Wilder, Baxley, Manly, Corning, Waites, Wells, Wright, L. Martin, T.C. Alexander, Kempe, Farr, Hendricks and Marchbanks: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO INCLUDE THAT PROGRAM APPROVAL STANDARDS AND APPROVED PROGRAM OF COURSE REQUIREMENTS FOR ADDING CERTIFICATION FOR SPECIAL EDUCATION IN THE AREA OF VISION INSURE THAT STUDENTS DEMONSTRATE COMPETENCE IN THE BRAILLE SYSTEM; AND TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 34 SO AS TO ENACT THE BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

Referred to Committee on Education and Public Works.

H. 3560 -- Reps. Corning, Quinn, H. Brown, Wright, Sturkie, Wofford, Fair, McLeod and Keegan: A BILL TO AMEND SECTIONS 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES AND UTILITIES OF REGIONAL TRANSPORTATION AUTHORITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, AND 58-5-210, RELATING TO THE SUPERVISION AND REGULATION OF RATES AND SERVICE BY THE COMMISSION, SO AS TO PROVIDE FOR INSTANCES OF REGULATION AND NONREGULATION BY THE COMMISSION FOR CERTAIN PUBLIC UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF A MUNICIPALITY FURNISHING OR SUPPLYING WATER, SEWERAGE COLLECTION, OR SEWERAGE DISPOSAL BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3561 -- Reps. Corning, Bruce, Haskins, H. Brown, Baker, Hallman, G. Bailey, L. Martin, Burriss, Rama, D. Williams, Corbett, Cato, Klapman, Littlejohn, Stoddard, Phillips, Kirsh, Altman, Quinn and Snow: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 2 SO AS TO ENACT PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES, AND BY ADDING CHAPTER 4 SO AS TO ENACT THE "MOTOR VEHICLE SAFETY RESPONSIBILITY ACT", INCLUDING PROVISIONS COVERING ADMINISTRATION AND ENFORCEMENT, SECURITY FOLLOWING AN ACCIDENT, PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE, MOTOR VEHICLE LIABILITY POLICIES, AND THE ASSOCIATED AUTOMOBILE INSURERS OF SOUTH CAROLINA, WHICH IS AN UNINCORPORATED, NONPROFIT, INDEPENDENT, LEGAL ENTITY FOR THE PROVIDING OF AUTOMOBILE INSURANCE FOR CERTAIN INSUREDS; AND TO REPEAL ARTICLES 1, 3, AND 5, CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, PURPOSES AND DEFINITIONS, THE "MANDATE TO WRITE" AND INSURANCE COVERAGE, AND THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, CHAPTER 9, TITLE 56, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, AND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY.

Referred to Committee on Labor, Commerce and Industry.

H. 3562 -- Reps. Nettles and Harwell: A BILL TO AMEND SECTION 57-3-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIFT OF DIRT AND TOPSOIL TO THE LANDOWNER SO AS TO PROVIDE THAT DIRT AND TOPSOIL MAY BE GIVEN AND HAULED TO A LANDOWNER WITHIN A TEN MILE RADIUS OF THE ROAD WHICH IS BEING CLEANED.

Referred to Committee on Education and Public Works.

H. 3563 -- Reps. Sharpe, H. Brown, Townsend, Sturkie, Snow, Altman, Smith, Bennett, Shirley, McAbee, P. Harris, Carnell, Klapman, Burriss, Waites, Koon, Tucker and J.C. Johnson: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS WHO MUST BE REGISTERED BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO DELETE PEST CONTROLLERS FROM THE LIST OF PERSONS WHO ARE CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Referred to Committee on Labor, Commerce and Industry.

H. 3564 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 59-39-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED CONTENT OF HIGH SCHOOL DRIVER EDUCATION AND TRAINING PROGRAMS, SO AS TO REVISE THE REQUIRED CONTENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-325 SO AS TO PROVIDE THAT SATISFACTORY COMPLETION OF THIS DRIVER EDUCATION COURSE IS A REQUIREMENT FOR A STATE HIGH SCHOOL DIPLOMA FOR ALL STUDENTS GRADUATING DURING OR AFTER THE 1991-92 SCHOOL YEAR.

Referred to Committee on Education and Public Works.

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

Referred to Committee on Judiciary.

S. 451 -- Senator Waddell: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT.

Referred to Committee on Ways and Means.

S. 452 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

Referred to Committee on Ways and Means.

S. 473 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Referred to Committee on Ways and Means.

S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.

Referred to Committee on Ways and Means.

S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.

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

S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

Referred to the Colleton Delegation.

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                  Burch
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McCraw                 McElveen
McGinnis               McKay                  McTeer
Meacham                Neilson                Nettles
Phillips               Rama                   Rhoad
Rogers                 Ross                   Rudnick
Sharpe                 Sheheen                Shirley
Short                  Smith                  Snow
Stoddard               Sturkie                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 Wednesday, February 20.

E.B. McLeod, Jr.                  Rick Quinn

Reps. BAKER, FAIR, RAMA and QUINN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 19.

At 2:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R2) S. 151 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.

(R3) S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.

(R4) S. 437 -- Senator Land: AN ACT TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.

(R5) S. 496 -- Senators Bryan and O'Dell: AN ACT TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.

(R6) S. 495 -- Senator Bryan: AN ACT 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.

(R7) H. 3190 -- Reps. Keyserling and Cork: AN ACT TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS, SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND OTHER CONSERVATION ORGANIZATIONS.

(R8) H. 3423 -- Reps. McAbee, Carnell and Boan: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE AND FURTHER PROVIDE FOR AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.

At 2:40 P.M. the House resumed, the SPEAKER in the Chair.

Rep. KLAPMAN moved that when the House adjourns it adjourn in memory of Mrs. Bertha Elizabeth Keisler Rikard of Lexington, which was agreed to.

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

S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.

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

S. 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.

S. 187 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.

Rep. HOLT moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

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.

Rep. HOLT moved to reconsider the vote whereby the following amendment was adopted, which was agreed to.

Rep. HOLT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5346.HC), which was reconsidered and tabled.

Amend the bill, as and if amended, in Section 50-17-520, as contained in SECTION 1, page 2, line 15, by striking /five/ and inserting /fifteen/.

Amend title to conform.

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

Rep. HOLT proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7267.BD), which was adopted.

Amend the bill, as and if amended, Section 50-17-520, SECTION 1, page 2, line 14, by striking /ten/ and inserting /fifteen/.

Amend title to conform.

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

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

H. 3243 -- Reps. Boan and McElveen: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRES BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE EXCEPTIONS.

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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 THE 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.

H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.

H. 3511 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

The following Bill was taken up.

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. CORNING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11299.DW), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 59-63-35. A parent or legal guardian who wilfully or knowingly falsifies information to public school officials to enroll a child in a school district for which the child is not eligible is guilty of a misdemeanor and, upon conviction, must be fined not an amount to exceed two hundred dollars or imprisoned for not more than thirty days and also is required to pay to the school district, if applicable, a pro rata amount equal to the cost to the district to educate the child during the period of false enrollment."/

Renumber sections to conform.

Amend title to conform.

Rep. CORNING explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11300.DW), which was tabled.

Amend the bill, as and if amended, in Section 59-63-30 of the 1976 Code, as contained in SECTION 1, Line 28, by striking /without charge/ and as contained in SECTION 1, page 1, line 34, by inserting after /school district;//

"or (3) the child or its parent or legal guardian owns real estate in the school district and the parent or legal guardian pays to the school district an amount equal to the difference between the cost to the district to educate the child and an amount determined by dividing that portion of the school taxes paid by the child's parent or legal guardian on such real property in the district by the number of children of the parent or legal guardian then enrolled in the district; and"
and by renumbering subsequent provisions accordingly.

Amend title to conform.

Rep. CORNING explained the amendment.

Rep. WHIPPER moved to table the amendment, which was agreed to by a division vote of 51 to 31.

The Bill, as amended, was read the second time and ordered to third reading by a division vote of 52 to 19.

Rep. WILKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.

H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Rep. WILKINS moved to reconsider the vote whereby the Bill was given a second reading, which was agreed to.

Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, February 21, which was adopted.

The following Bill was taken up.

H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11262.DW).

Amend the bill, as and if amended, in Section 59-103-160, as contained in SECTION 1, page 2, lines 8 through 32, by striking subsections (C), (D), and (E) and inserting:

/(C)     Each public institution of higher learning shall establish policies to ensure that the instructional faculty possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.

(D)     Each institution of higher learning must submit its policy to the Commission of Higher Education within one year from the effective date of this section. Any amendment to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not complying with the provisions of this section./

When amended, Section 59-103-160 shall read:

"Section 59-103-160. (A) This section may be cited as the English Fluency in Higher Learning Act.

(B)     The following words and phrases when used in this section have the meanings given to them unless the context clearly indicates otherwise:

'Instructional faculty' means every member of a public institution of higher learning, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses at a campus of that institution within this State except:

(1)     courses that are designed to be taught predominately in a foreign language;

(2)     student participatory and activity courses such as clinics, studios, seminars, and laboratories;

(3)     special arrangement courses such as individualized instruction and independent study courses; and

(4)     continuing education courses.

(C)     Each public institution of higher learning shall establish policies to ensure that the instructional faculty possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.

(D)     Each institution of higher learning must submit its policy to the Commission of Higher Education within one year from the effective date of this section. Any amendment to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not complying with the provisions of this section."

Amend title to conform.

Rep. J.C. JOHNSON explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. J.C. JOHNSON having the floor.

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

Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 3141 -- Rep. Harwell: A CONCURRENT RESOLUTION TO ENCOURAGE STATE AGENCIES TO USE SOYBEAN-BASED INKS WHEN PRINTING DOCUMENTS INTERNALLY OR BY CONTRACT AND, WHEN COST-EFFECTIVE AND PRACTICABLE, TO USE A "SOYBEAN-BASED INK" LOGO ON THE DOCUMENTS.

At 3:20 P.M. the House in accordance with the motion of Rep. KLAPMAN adjourned in memory of Mrs. Bertha Elizabeth Keisler Rikard of Lexington, to meet at 10:00 A.M. tomorrow.

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