South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, APRIL 10, 1991

Wednesday, April 10, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We bow in Your presence, Lord, in the sure confidence that You hold us firm in the grasp of a love that will not let go. Our assurance comes not from our grasp on You, but from Your hold on us. No matter how crowded the hours of this day, how perplexing our problems or how vexing our duties, keep us close to You. In our work, keep us wise and strong. In our contacts with colleagues, keep us considerate and kind. In our dealings with ourselves, keep us honest and steadfast.

And when evening comes, give us the joy that has earned Your divine approval: "Well done, good and faithful servant".

Thank You, Lord Jesus, for this privilege of prayer. 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.

REGULATION WITHDRAWN

Document No. 1238
Promulgated By Department of Health and Environmental Control
Health Maintenance Organizations
Referred to House Committee on Labor, Commerce and Industry
Withdrawn: April 10, 1991

MOTION ADOPTED

Rep. KEMPE moved that when the House adjourns, it adjourn in memory of Mr. Mike Haynie, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 9, 1991

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Member, Kershaw County Master-in-Equity, with term to expire July 1, 1995:

Mr. Rolly W. Jacobs, P.O. Box 664, Camden, S.C. 29020

Very respectfully,
President

No. 015

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Ordered for consideration tomorrow.

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

H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

Ordered for consideration tomorrow.

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

S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.

Ordered for consideration tomorrow.

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

S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

S. 806 -- Senator McGill: A CONCURRENT RESOLUTION DECLARING APRIL 28, 1991, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.

Ordered for consideration tomorrow.

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

H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.

Ordered for consideration tomorrow.

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

S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.

Ordered for consideration tomorrow.

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

S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.

Ordered for consideration tomorrow.

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

H. 3601 -- Rep. Cromer: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR SELL A MOTOR VEHICLE WHICH HAS A SUNSCREEN DEVICE THAT DOES NOT SATISFY THE REQUIREMENTS OF THE SECTION.

Ordered for consideration tomorrow.

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

H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3798 -- Reps. Burriss, J. Brown, Corning, Cromer, Harrison, Quinn, Rogers, Scott and Waites: A HOUSE RESOLUTION TO ALLOW THE KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 17, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

Be it resolved by the House of Representatives:

That the Keenan High School "Raiders" Boys Basketball Team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 17, 1991, for the purpose of being recognized for winning the Class AAA State Basketball Championship for 1991.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3799 -- Rep. M.O. Alexander: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 21-27, 1991, AS ORGAN AND TISSUE DONOR AWARENESS WEEK.

Whereas, thousands of people are waiting for a miracle in South Carolina: a deteriorating organ to be replaced by a healthy donor organ, a limb to be saved by a bone graft, sight to be received from a donated cornea, and skin grafts to be given to a burn patient; and

Whereas, one of the main obstacles to making these miracles happen is the limited supply of donated organs, tissues, and bones;

Whereas, the members of the General Assembly wish to recognize this obstacle and work to present the option of donation to each South Carolinian; and

Whereas, an organ and tissue awareness campaign is needed in South Carolina to facilitate the procurement of organs and tissues for transplantation in South Carolina. Now, therefore,

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

That the members of the General Assembly designate April 21-27, 1991, as Organ and Tissue Donor Awareness Week.

Be it further resolved that a copy of this resolution be forwarded to Kristine Hartvigsen of the South Carolina Hospital Association.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3800 -- Reps. Burriss, J. Brown, Corning, Cromer, Harrison, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE THE KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM ON WINNING THE CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3801 -- Reps. Koon, Sturkie and Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE DOUGLAS ANTHONY MILLER OF LEXINGTON COUNTY FOR HIS MANY ACCOMPLISHMENTS AND HIS OUTSTANDING ATHLETIC CAREER AT GILBERT HIGH SCHOOL.

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

HOUSE RESOLUTION

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

H. 3802 -- Rep. Marchbanks: A HOUSE RESOLUTION TO ALLOW MISS ABBY MANSON OF PICKENS COUNTY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 18, 1991, FOR THE PURPOSE OF BEING RECOGNIZED AS FIRST PLACE INDIVIDUAL WINNER IN THE SOUTH CAROLINA SCHOLASTIC COMPETITION.

Be it resolved by the House of Representatives:

That Miss Abby Manson of Pickens County is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, April 18, 1991, for the purpose of being recognized as first place individual winner in the South Carolina Scholastic Competition.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 864 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE HERMAN CLARENCE TONEY OF OCONEE COUNTY FOR HIS THIRTY-THREE YEARS OF DEDICATED SERVICE TO THE OCONEE SAVINGS AND LOAN ASSOCIATION AND TO EXTEND BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3803 -- Reps. Manly, M.O. Alexander, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO COMMEND BOBBY BROCK OF SIMPSONVILLE UPON HIS RECEIPT OF A NATIONAL OUTSTANDING SCHOOL VOLUNTEER AWARD FROM THE NATIONAL ASSOCIATION OF PARTNERS IN EDUCATION FOR HIS VOLUNTEER WORK WITH THE BAKER'S CHAPEL ELEMENTARY SCHOOL.

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

INTRODUCTION OF BILLS

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

H. 3804 -- Reps. Rama, R. Young, Gonzales, Hallman and Fulmer: A BILL TO AMEND CHAPTER 3, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S MANSION AND LACE HOUSE COMMISSION TO REVISE THE NAME OF THE COMMISSION AND PROPERTIES UNDER THE COMMISSION'S CUSTODY, TO CHANGE THE TIMES FOR MEETINGS, TO PROVIDE FOR EXPENDITURES, AND TO CLARIFY DUTIES OF THE COMMISSION.

Referred to Committee on Ways and Means.

H. 3805 -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-100 SO AS TO PROVIDE THAT A BONA FIDE CHARITY OR NONPROFIT CORPORATION WHICH IS IN COMPLIANCE WITH CHAPTER 55 OF TITLE 33 HAS AN INSURABLE INTEREST IN ANY LIFE INSURANCE POLICY IN WHICH IT IS IRREVOCABLY NAMED AS A BENEFICIARY.

Referred to Committee on Labor, Commerce and Industry.

H. 3806 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS, RELATING TO REGISTRATION, EXAMINATION, CERTIFICATE FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1365, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3807 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE PRACTICE OF ARCHITECTURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3808 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.

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

H. 3809 -- Reps. Scott and J. Brown: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSONAL RECOGNIZANCE BOND MAY BE ISSUED ONLY FOR A FIRST OFFENSE OF A NONCAPITAL CRIME AND ONLY ONCE WITHIN A TWELVE-MONTH PERIOD; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO SURRENDER OF DEFENDANT BY BAIL BONDSMEN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES FOR A BONDSMAN TO OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE A SPECIFIC TIME PERIOD FOR TENDER OF THE PRINCIPAL PURSUANT TO COURT ORDER; TO AMEND SECTION 38-53-170, RELATING TO UNLAWFUL ACTS, SO AS TO PROVIDE THAT A BONDSMAN OR RUNNER MAY ATTEND PROCEEDINGS IN COURT DIRECTLY RELATED TO THE ISSUANCE OF BONDS OR STATUS OF CASES INVOLVING THE BONDSMAN.

Referred to Committee on Judiciary.

H. 3810 -- Rep. Tucker: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ON REGULATION OF MANUFACTURERS, DISTRIBUTORS AND DEALERS, SO AS TO EXCLUDE FROM THE DEFINITION OF MOTOR VEHICLE DEALER, COMPANIES IN THE BUSINESS OF LEASING MOTOR VEHICLES THAT SELL THEM UPON EXPIRATION OF THE LEASE AGREEMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3811 -- Reps. Wilkins, Rama, Clyborne and Cato: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARCHITECTS, SO AS TO REVISE THE REQUIREMENTS FOR THE PRACTICE OF ARCHITECTURE.

Referred to Committee on Labor, Commerce and Industry.

S. 200 -- Senators Giese, Courson and Wilson: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

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

S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.

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

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

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

S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

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

S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 10.

Irene K. Rudnick                  Joseph McElveen
Roland S. Corning                 Will McCain
Ken Bailey                        Grady Brown
E.B. McLeod                       Alex Harvin, III
Thomas E. Huff                    C. Lenoir Sturkie
Paul Burch
Total Present--114

DOCTOR OF THE DAY

Announcement was made that Dr. Leo L. Walker, of Columbia, is the Doctor of the Day for the General Assembly.

H. 3268--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. WILKES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3315.AL), which was adopted.

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

/SECTION 1.     The membership of the board of trustees of the school district of Fairfield County must be elected one trustee from each of seven defined single-member election districts established under the provisions of a plan ordered by a court of competent jurisdiction on April 10, 1990 for election of members of Fairfield County Council. If the district lines from which members of the county council are elected change, then the applicable district lines for the election of the board of trustees for the school district shall change accordingly.

SECTION 2.     The board of trustees of the school district shall consist of seven members. The terms of office of the members are for four years and until their successors are elected and qualify. The election of the initial board must be held in a special partisan election in 1991 to be conducted as provided by law for special elections beginning from the date the United States Department of Justice gives preclearance of this act. Of those members elected in 1991, the members elected from Districts 1, 3, 5, and 7 shall serve an initial term of three years commencing the first day of the month following certification of the candidates election, and their successors must be elected in the general election beginning in 1994 and thereafter for terms of office of four years each. The members elected from Districts 2, 4, and 6 shall serve an initial term of five years commencing the first day of the month following certification of the candidates election, and their successors must be elected in the general election beginning in 1996 and thereafter for terms of office of four years each. Vacancies on the board must be filled by special election conducted by the Fairfield County Election Commission.

SECTION 3.     The members of the board elected in this special partisan election take office on the first day of the month following certification of the candidates election. The terms of the board members in office on the effective date of this act expire when the single-member district board members elected as provided in Sections 1 and 2 of this act take office.

SECTION 4.     Members of the board of trustees serve without pay. Each member of the board may receive a per diem allowed by law for boards and commissions for attendance at board meetings and may be paid mileage to and from such meetings. No member may receive per diem and mileage unless in actual attendance upon a meeting of the board. When a member of the board is directed to travel outside the county or school district on official business of the board, he may be allowed actual expenses incurred payable from the school district budget.

SECTION 5.     The board of trustees shall hold regular meetings at least once a month, and special meetings as often as necessary. All meetings are open to the public.

SECTION 6.     The School District of Fairfield County is the unit for financing and receiving local, state, and federal funds. The board of trustees is charged with the responsibility for the expenditure and accounting of funds in the hands of the board.

SECTION 7.     All school funds of the county must be deposited in the office of the Treasurer of Fairfield County to the credit of the district, and withdrawn only upon warrants issued by the board of trustees.

SECTION 8.     The board shall prepare an annual budget for general school purposes. The board is authorized and empowered, by resolution duly adopted, to determine and fix the amount of the levy needed to operate schools in the district and shall notify the county auditor on or before June first of each year of the amount of the levy and file with him a certified copy of the resolution. In the event the annual budget increases in excess of three percent of the total budget for the previous year or increases in excess of the consumer price index for the previous year, whichever is less, the budget must be submitted for approval to the Fairfield County Council. The council, after approving the budget, shall set the necessary tax millage and furnish a copy of the budget, and a certification of the tax millage set to the auditor by June first.

SECTION 9.     Act 812 of 1952, Act 64 of 1953, Act 82 of 1955, Act 293 of 1961, and Act 115 of 1967 are repealed.

SECTION 10.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

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

H. 3242--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

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.

Reps. CORNING and WILKES, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7432.BD), which was adopted.

Amend the bill, as and if amended, Section 38-63-40(A), SECTION 1, line 41, after /insured's/ by inserting:

/, and not more than four thousand dollars of the cash surrender value of a life insurance policy if the insured or applicant has filed a petition in bankruptcy within two years of purchasing the insurance,/

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time, and ordered sent to the Senate.

H. 3589--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.

Reps. SMITH, QUINN, CROMER, WELLS and L. MARTIN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3285.BD), which was adopted.

Amend the bill, as and if amended, Section 38-77-175, SECTION 1, and Section 56-7-12, SECTION 2, by adding appropriately lettered subsections to read:

/( )     The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department./

Amend further by adding appropriately numbered SECTIONS to read:

/SECTION __.     Section 56-10-240 of the 1976 Code is amended by adding at the end:

"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."

SECTION __.     Section 56-10-245 of the 1976 Code is amended by adding at the end:

"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."/

Reletter subsections to conform.

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\N05\7408.BD), which was adopted.

Amend the bill, as and if amended, Section 38-77-175(A), SECTION 1, and Section 56-7-12(A), SECTION 2, after the subsections, by inserting:

/However, the form must have the following sentence on its face in bold type, all capitals, and large print: 'THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage./

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Reps. T. ALEXANDER, J. BAILEY, QUINN, BURRISS, L. MARTIN, M. ALEXANDER, CATO, NEILSON, WHIPPER and G. BROWN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7443.BD), which was adopted.

Amend the bill, as and if amended, Section 38-77-175, SECTION 1, Section 56-7-12, SECTION 2, by adding appropriately lettered subsections to read:

/( )     No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260./

Reletter subsections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Reps. T. ALEXANDER, J. BAILEY, QUINN, BURRISS, L. MARTIN, M. ALEXANDER, CATO, NEILSON, WHIPPER and G. BROWN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\N05\7442.BD), which was adopted.

Amend the bill, as and if amended, Section 38-77-175, SECTION 1, Section 56-7-12, SECTION 2, by adding appropriately lettered subsections to read:

/( )     This section only applies to owners and operators of motor vehicles registered under the laws of South Carolina./

Reletter subsections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Reps. T. ALEXANDER, J. BAILEY, QUINN, BURRISS, L. MARTIN, M. ALEXANDER, CATO, NEILSON, WHIPPER and G. BROWN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\N05\7441.BD), which was adopted.

Amend the bill, as and if amended, Section 38-77-175, SECTION 1, and Section 56-7-12, SECTION 2, by adding appropriately lettered subsections to read:

/( )     Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245./

Reletter subsections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment.

The amendment was then adopted.

Reps. T. ALEXANDER, J. BAILEY, QUINN, BURRISS, L. MARTIN, M. ALEXANDER, CATO, NEILSON, WHIPPER and G. BROWN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\N05\7444.BD).

Amend the bill, as and if amended, Section 38-77-175, SECTION 1, Section 56-7-12, SECTION 2, by adding appropriately lettered subsections to read:

/( )     The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department./

Reletter subsections to conform.

Amend title to conform.

Rep. J. BAILEY explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 11, which was adopted.

H. 3504--DEBATE ADJOURNED

Rep. WOFFORD moved to adjourn debate upon the following Bill until Thursday, April 11, which was adopted.

H. 3504 -- Reps. Waites, Rogers, Haskins, Quinn, Wilder, Meacham, Corning, Wright, Rama, Glover, Whipper, Tucker and Vaughn: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

ORDERED TO THIRD READING

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

S. 716 -- 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.

S. 615--RECALLED FROM THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND
MUNICIPAL AFFAIRS

On motion of Rep. WOFFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

S. 417--RECALLED AND REFERRED TO THE COMMITTEE
ON WAYS AND MEANS

On motion of Rep. WILKINS, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means.

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.

SPECIAL PRESENTATION

Reps. WRIGHT and QUINN presented the Irmo High School Yellow Jackets Boys Basketball Team, the 1991 State Class AAAA Champions, and coaches.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3273 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

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

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3382 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND SECTION 9-11-50, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS OF THESE SYSTEMS AT RETIREMENT, AFTER MARCH 31, 1991, SHALL RECEIVE CERTAIN RETIREMENT SERVICE CREDITS FOR NOT MORE THAN NINETY DAYS OF THEIR UNUSED SICK LEAVE.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: 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.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3096 -- Reps. Keyserling, Baxley, Boan, Corning, D. Elliott, Haskins, Jaskwhich, Keegan, Kempe, Mattos, McElveen, McTeer, Meacham, Rama, J. Rogers, T. Rogers, Rudnick, Sheheen, Waites, Wilder, Cork, Manly, Cromer, Whipper and J.W. Johnson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AMEND SECTION 16-11-700, AS AMENDED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 838 -- Senator Land: A CONCURRENT RESOLUTION AUTHORIZING THE COMPTROLLER GENERAL TO EXCUSE COUNTY AUDITORS AND TREASURERS FROM CONTINUING EDUCATION REQUIREMENTS FOR REASONS OF RETIREMENT, LEAVING OFFICE, OR OTHER REASONABLE CAUSE.

S. 838--ADOPTED AND SENT TO THE SENATE

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

S. 838 -- Senator Land: A CONCURRENT RESOLUTION AUTHORIZING THE COMPTROLLER GENERAL TO EXCUSE COUNTY AUDITORS AND TREASURERS FROM CONTINUING EDUCATION REQUIREMENTS FOR REASONS OF RETIREMENT, LEAVING OFFICE, OR OTHER REASONABLE CAUSE.

Whereas, in Act 444 of 1990, the General Assembly mandated annual continuing education requirements for county auditors and treasurers; and

Whereas, the Comptroller General was given authority to excuse auditors and treasurers from attendance only in cases of death in the immediate family or the illness as certified by a doctor; and

Whereas, remedial legislation is pending to establish a fairer and more workable attendance policy for mandatory continuing education requirements for auditors and treasurers; and

Whereas, a number of auditors and treasurers are leaving office in June, 1991, and no valid public interest is served by these officials being required to attend mandatory continuing education requirements in April, 1991. Now, therefore,

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

That the Comptroller General is authorized to excuse county auditors and treasurers from the mandatory continuing education requirements imposed pursuant to Act 444 of 1990, for reason of retirement, leaving office, or other reasonable cause.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3814 -- Reps. Keyserling, H. Brown, Jaskwhich, Rogers and J. Harris: A CONCURRENT RESOLUTION RECOGNIZING MACARTHUR GOODWIN OF RICHLAND COUNTY FOR SIGNIFICANT LEADERSHIP IN ARTS IN EDUCATION AND CONGRATULATING HIM ON BEING NAMED NATIONAL ART EDUCATOR OF THE YEAR.

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

INTRODUCTION OF BILLS

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

H. 3812 -- Reps. Farr, Fulmer and Keegan: 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.

H. 3813 -- Reps. Wilkins, Hayes, Gentry, Clyborne and Baxley: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.

Referred to Committee on Judiciary.

H. 3815 -- Rep. Boan: A BILL TO AMEND SECTION 9-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA RETIREMENT AND PRERETIREMENT ADVISORY BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN ACTIVE OR RETIRED LAW ENFORCEMENT OFFICER WHO IS CONTRIBUTING TO OR RECEIVING BENEFITS FROM THE POLICE OFFICERS RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

H. 3816 -- Rep. Boan: A BILL TO AMEND SECTION 9-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POSTRETIREMENT DEATH BENEFITS OF THE POLICE OFFICERS RETIREMENT SYSTEM FROM THE GROUP LIFE INSURANCE PROGRAM, SO AS TO INCREASE THE DEATH BENEFITS PAYABLE.

Referred to Committee on Ways and Means.

H. 3817 -- Rep. Townsend: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENT THAT UPON LOSS OF INSURANCE, THE INSURED OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND PLATES, SO AS TO REDUCE THE PENALTY FOR A FIRST OFFENSE; TO AMEND SECTION 56-10-245, AS AMENDED, RELATING TO THE PER DIEM FINE FOR LAPSE IN INSURANCE COVERAGE SO AS TO REDUCE THE MAXIMUM FINE FOR A FIRST OFFENSE AND TO PROVIDE AN APPEAL PROCESS FOR AN AGGRIEVED PARTY.

Referred to Committee on Labor, Commerce and Industry.

H. 3818 -- Rep. Tucker: A BILL TO AMEND SECTION 58-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT", SO AS TO PROVIDE THAT "MAJOR UTILITY FACILITY" MEANS ELECTRIC GENERATING PLANT AND ASSOCIATED FACILITIES DESIGNED FOR OR CAPABLE OF OPERATION AT A CAPACITY OF MORE THAN FIFTEEN, RATHER THAN SEVENTY-FIVE, MEGAWATTS AND MEANS AN ELECTRIC TRANSMISSION LINE AND ASSOCIATED FACILITIES OF A DESIGNED OPERATING VOLTAGE OF ONE HUNDRED, RATHER THAN ONE HUNDRED TWENTY-FIVE, KILOVOLTS OR MORE.

Referred to Committee on Labor, Commerce and Industry.

H. 3819 -- Reps. A. Young, Gonzales, Wofford and G. Bailey: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR DORCHESTER COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF DORCHESTER COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION, AND CONTINUE TERMS.

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

H. 3349--NON-CONCURRENCE IN SENATE AMENDMENTS

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

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.

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

H. 3126--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

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

S. 422--SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

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

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

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

H. 3633--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.

Rep. L. MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7448.BD), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION     1.     Section 61-3-1020 of the 1976 Code is amended to read:

"Section 61-3-1020.     Subject to the provisions of Section 61-3-1030 no other goods, wares, or merchandise shall may be kept or stored in such or sold in or from a retail alcoholic liquor store or place of business, nor sold therein or therefrom, and no place of amusement shall may be maintained therein in or in connection therewith with the store.

However, retail dealers may sell glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or manufacturer in packaging provided by the manufacturer. Retail dealers also may sell nonalcoholic beverages packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are packaged together by the manufacturer."/

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 3090--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted.

H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Mattos, Manly, Whipper and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.

H.3375-- TABLED

The following Bill was taken up.

H. 3375 -- Reps. J. Brown, H. Brown, Vaughn, J.W. Johnson, Littlejohn, Haskins, Hallman, Fulmer, Beatty and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM RIDING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER.

Rep. H. BROWN moved to table the Bill, which was agreed to.

H. 3651--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.

Rep. BAXLEY proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\18436.SD), which was tabled.

Amend the bill, as and if amended, by striking Section 1 and inserting:

/SECTION     1.     Item (f) of Section 3 of Act 1377 of 1968, as last amended by an act of 1991 bearing ratification number 8, is further amended by adding:

"1.     Budget and Control Board

Twelve million, five hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement and the Budget and Control Board-State Fire Marshal's Office are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act. The Budget and Control Board-State Fire Marshal's Office and the Fire Academy must be located in this facility.

2.     Clemson University (E&G)

Engineering Innovation

Center     13,965,000
Total, Clemson University     13,965,000

3.     Francis Marion College

McNair Science Building

Expansion     8,100,000
Total, Francis Marion College     8,100,000

4.     Lander College

Old Main Renovation     12,078,739
Total, Lander College     12,078,739

5.     South Carolina State College

Arts and Science Building     4,195,861
Total, South Carolina State College     4,195,861

6.     University of South Carolina

(a)     Columbia: Music Building     16,025,830

(b)     Aiken: Business and

Education Building     8,550,000

(c)     Spartanburg: Campus Life

Center     7,219,862

(d)     Sumter: Library Addition     4,434,300
Total, University of South Carolina     36,229,992

7.     Medical University of

South Carolina

Biomedical Research

Facility     11,366,040
Total, Medical University of
South Carolina             11,366,040

8.     State Board for Technical and

Comprehensive Education

(a)     Trident: Learning Resources

Center Building     4,125,600

Total, State Board for Technical
and Comprehensive Education     4,125,600

9.     State Library

State Library Expansion/

Renovation Additional A&E     250,000
Total, State Library     250,000

10.     Department of Mental Health

Five million, eight hundred eighty thousand dollars of capital improvement bonds for the Charleston Area Mental Health Center are authorized as departmental bonds under the authority and limitations of Act 1276 of 1970.

11.     Department of Corrections

(a)     Lee County Institution

Additional Funding     26,000,000

(b)     Turbeville and Ridgeland

Institutions

Additional Funding     22,250,000

(c)     10 96-Bed Additions     6,464,933

(d)     11 30-Bed Medium Institution     37,750,000

(e)     576-Bed Replacement-

Aiken Youth Center     14,300,000

(f)     General Renovations     1,292,933
Total, Department of Corrections     108,057,866

12.     Department of Youth Services

(a)     Replacement Facility     9,960,961

(b)     Equipment Replacement     114,942

(c)     HVAC Repair/Replacement     45,137

(d)     Painting     133,000

(e)     Floors Repair/Replacement     99,060

(f)     Utility Line Repairs     30,214

(g)     Road Repairs     50,058

(h)     Generators     250,000

(i)         Group Homes Fire Codes/

Sanitation Renovations     258,860

(j)         Chronic Status Offender

Facility Replacement     1,276,520
Total, Department of Youth Services     12,218,752

13.     Clemson University (PSA)

Animal Research Compliance

Facility     4,406,000
Total, Clemson University (PSA)     4,406,000

Total, All Agencies $274,850,000"/

Amend the bill further, as and if amended, in Section 2 by striking /eleven million, nine hundred thousand dollars/ which begins on line 44 of page 7 and on line 8 of page 8 and inserting /twelve million, five hundred thousand dollars/; and by striking /$11,900,000/ as contained on line 26 of page 8 and inserting /$12,500,000/.

Amend the bill further, as and if amended, in Section 3 by striking /$1,757,231,568.10/ as contained on line 29 of page 9 and inserting /$1,660,776,356.29/.

Amend the bill further, as and if amended, in Section 4 by striking /two hundred seventy-five million/ on line 5 of page 10 and inserting /two hundred fifteen million/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. WALDROP moved to table the amendment.

Rep. BAXLEY demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 65 to 21.

Rep. McTEER proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\18427.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 1976 Code is amended by adding:

"Section 2-7-106.     The maximum annual debt service on all general obligation bonds of this State outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) must not exceed three and one-half percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which are authorized to be pledged for state highway bonds and state institution bonds."/

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\18486.SD), which was tabled.

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

/SECTION ____.     Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105.     State capital improvement bonds may be authorized by the General Assembly in odd-numbered years except for the year 1993."/

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

Rep. WILDER moved to table the amendment.

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

Yeas 61; Nays 46

Those who voted in the affirmative are:

Bailey, G.             Baker                  Barber
Boan                   Brown, G.              Brown, H.
Brown, J.              Carnell                Cato
Clyborne               Cooper                 Elliott, D.
Farr                   Felder                 Foster
Fulmer                 Gentry                 Gonzales
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hendricks
Hodges                 Holt                   Inabinett
Johnson, J.C.          Keesley                Klapman
Koon                   Manly                  Marchbanks
Martin, D.             Martin, L.             McAbee
McCraw                 McElveen               Nettles
Phillips               Rama                   Rogers
Rudnick                Scott                  Sharpe
Shirley                Short                  Smith
Snow                   Stoddard               Tucker
Vaughn                 Waldrop                Whipper
White                  Wilder                 Williams, D.
Wofford                Wright                 Young, A.
Young, R.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baxley
Beasley                Beatty                 Bennett
Bruce                  Chamblee               Corbett
Cork                   Corning                Cromer
Elliott, L.            Fair                   Glover
Hallman                Harrison               Harwell
Hayes                  Houck                  Jaskwhich
Jennings               Keegan                 Kempe
Keyserling             Kinon                  Kirsh
Littlejohn             Martin, M.             McCain
McGinnis               McKay                  McTeer
Meacham                Neilson                Quinn
Ross                   Sheheen                Townsend
Waites                 Wells                  Wilkes
Wilkins

Total--46

So, the amendment was tabled.

Reps. CORNING and McCAIN proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BR1\1470.AC), which was tabled.

Amend the bill, as and if amended, Section 3(f) of Act 1377 of 1968, as contained in SECTION 1, by deleting beginning on line 27, page 6:

/23.     Coastal Council

Beach Restoration Fund     2,500,000
Total, Coastal Council     2,500,000/.

Reletter sections to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. CORNING demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 69 to 16.

Rep. CROMER moved to divide the question.

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

The question then recurred to the passage of the Bill, as amended on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 72; Nays 34

Those who voted in the affirmative are:

Altman                 Bailey, K.             Baker
Barber                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Carnell
Chamblee               Cole                   Elliott, D.
Elliott, L.            Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Huff
Inabinett              Jennings               Johnson, J.C.
Keesley                Keyserling             Kinon
Klapman                Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McLeod                 McTeer                 Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Rudnick
Scott                  Sharpe                 Shirley
Short                  Smith                  Snow
Tucker                 Waldrop                Wells
Whipper                White                  Wilder
Wilkins                Williams, D.           Young, R.

Total--72

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Baxley
Beatty                 Cato                   Clyborne
Cooper                 Corbett                Cork
Corning                Cromer                 Fair
Glover                 Hallman                Haskins
Houck                  Jaskwhich              Keegan
Kempe                  Kirsh                  Koon
Littlejohn             Marchbanks             McCain
McKay                  Meacham                Neilson
Ross                   Sheheen                Townsend
Vaughn                 Waites                 Wilkes
Wofford

Total--34

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

PAIRED

Sturkie(Present)     Nay

Burriss(Absent)     Aye

RECORD FOR VOTING

I was in the Senate Chamber when H. 3651 passed. Had I been in the House Chamber when H. 3651 was voted on I would have voted to Pass H. 3651.

Rep. G. BAILEY

RECORD FOR VOTING

I was attending business in the Senate when H. 3651 was passed. Had I been present I would have voted yea.

Rep. MORGAN MARTIN

H. 3338--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11357.DW), which was adopted.

Amend the bill, as and if amended, in Section 38-73-455(B) of the 1976 Code, as contained in SECTION 1, page 1, line 31, by inserting before /commercial/ /small/ so that when amended Section 38-73-455(B) shall read:

/(B)     In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, without regard to whether the named insured or operator was operating an individual private passenger or small commercial vehicle, the motor vehicle customarily operated by that individual must be written at the objective standards rate./

Amend further in Section 38-73-455(E) of the 1976 Code, as contained in SECTION 2, page 1, line 44, by inserting before /commercial/ /small/ so that when amended Section 38-73-455(E) shall read:

/(E)     For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record which includes all violations by the applicant, whether occurring while operating an individual private passenger or small commercial vehicle./

Amend further in Section 38-73-760(e) of the 1976 Code, as contained in SECTION 3, page 2, line 11, by inserting after /or/ /small/ so that when amended Section 38-73-760(e) shall read:

/(e)     The commissioner shall require all insurers transacting automobile insurance business in this State to assess surcharges and grant safe driver discounts of no less than twenty percent. Surcharges must be assessed without regard to whether the accident or violation occurred while the insured is operating an individual private passenger or small commercial vehicle./

Amend further on page 2, by striking SECTION 4, lines 17 and 18, and inserting:

/SECTION     4.     The 1976 Code is amended by adding:

"Section 38-77-610.     The Facility Recoupment surcharge must be assigned without regard to whether the named insured or operator was operating an individual private passenger or small commercial vehicle."

SECTION     5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

Reps. QUINN, SMITH, CROMER, J. BAILEY, and T. ALEXANDER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3297.AL), which was adopted.

Amend the Labor, Commerce and Industry Committee amendment dated March 7, 1991, and bearing document number L:\Council\Legis\Amend\436\11357.DW, as and if amended, by striking SECTION 5 and inserting:

/SECTION     5.     The provisions of this act only apply to traffic citations issued to operators of small commercial vehicles after the effective date of the act.

SECTION     6.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. KOON spoke against the Bill.

Rep. L. MARTIN spoke in favor of the Bill.

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

Yeas 22; Nays 81

Those who voted in the affirmative are:

Bailey, K.             Bennett                Brown, G.
Bruce                  Corbett                Cork
Foster                 Fulmer                 Hallman
Kirsh                  Klapman                Koon
Littlejohn             Martin, D.             McGinnis
Rhoad                  Smith                  Stoddard
Sturkie                Waldrop                Williams, D.
Wright

Total--22

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Baker                  Baxley
Beasley                Beatty                 Boan
Brown, H.              Brown, J.              Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corning
Cromer                 Elliott, D.            Elliott, L.
Fair                   Farr                   Gentry
Glover                 Gonzales               Gregory
Harris, J.             Harrison               Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Houck                  Huff                   Inabinett
Jaskwhich              Jennings               Johnson, J.C.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Manly
Marchbanks             Martin, L.             Martin, M.
McAbee                 McCain                 McCraw
McElveen               McKay                  McLeod
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rogers                 Ross
Rudnick                Scott                  Sheheen
Shirley                Snow                   Townsend
Tucker                 Vaughn                 Waites
Wilder                 Wilkes                 Wilkins
Wofford                Young, A.              Young, R.

Total--81

So, the House refused to table the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 83; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Brown, H.              Brown, J.
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Cork                   Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Foster                 Gentry
Glover                 Gonzales               Gregory
Harris, J.             Harrison               Harvin
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Inabinett              Johnson, J.C.
Keegan                 Keesley                Kempe
Keyserling             Manly                  Marchbanks
Martin, L.             Martin, M.             Mattos
McAbee                 McCain                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rogers
Ross                   Rudnick                Scott
Sheheen                Shirley                Smith
Snow                   Townsend               Tucker
Vaughn                 Waites                 Wilder
Wilkes                 Wofford                Wright
Young, A.              Young, R.

Total--83

Those who voted in the negative are:

Bailey, K.             Brown, G.              Bruce
Corbett                Fulmer                 Hallman
Kirsh                  Koon                   Littlejohn
Martin, D.             Sharpe                 Stoddard
Sturkie                Waldrop                Williams, D.

Total--15

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3781 -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO EXPRESS SORROW AND EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF BRIDGET MCCULLOUGH OF GAFFNEY IN CHEROKEE COUNTY UPON HER DEATH.

H. 3782 -- Reps. Wright and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL YELLOW JACKET BOYS BASKETBALL TEAM AND THEIR COACHING STAFF FOR WINNING THE 1991 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

H. 3800 -- Reps. Burriss, J. Brown, Corning, Cromer, Harrison, Quinn, Rogers, Scott and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE THE KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM ON WINNING THE CLASS AAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

H. 3801 -- Reps. Koon, Sturkie and Klapman: A CONCURRENT RESOLUTION TO CONGRATULATE DOUGLAS ANTHONY MILLER OF LEXINGTON COUNTY FOR HIS MANY ACCOMPLISHMENTS AND HIS OUTSTANDING ATHLETIC CAREER AT GILBERT HIGH SCHOOL.

H. 3803 -- Reps. Manly, M.O. Alexander, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO COMMEND BOBBY BROCK OF SIMPSONVILLE UPON HIS RECEIPT OF A NATIONAL OUTSTANDING SCHOOL VOLUNTEER AWARD FROM THE NATIONAL ASSOCIATION OF PARTNERS IN EDUCATION FOR HIS VOLUNTEER WORK WITH THE BAKER'S CHAPEL ELEMENTARY SCHOOL.

H. 3814 -- Reps. Keyserling, H. Brown, Jaskwhich, Rogers and J. Harris: A CONCURRENT RESOLUTION RECOGNIZING MACARTHUR GOODWIN OF RICHLAND COUNTY FOR SIGNIFICANT LEADERSHIP IN ARTS IN EDUCATION AND CONGRATULATING HIM ON BEING NAMED NATIONAL ART EDUCATOR OF THE YEAR.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. KEMPE adjourned in memory of Mr. Mike Haynie, to meet at 10:00 A.M. tomorrow.

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