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

TUESDAY, MAY 14, 1991

Tuesday, May 14, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Keep us diligent, good Lord, in the work that You would have us to do, knowing that it is easier to keep a fire burning than to rekindle it when once gone out, and to remember that today is seldom too early to start what needs to be done and tomorrow may be too late. Help us to recall the past with gratitude and to welcome the future with its challenges to accomplish worthwhile objectives. Make us aware of Your presence not only in the heights of ecstasy, but also in the ordinary events of life.

Lord, in Your mercy, hear our 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. L. ELLIOTT moved that when the House adjourns, it adjourn in memory of Mrs. Bela Stone of Mullins, which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received.

State Of South Carolina
Office Of The Governor

May 13, 1991
Mr. President and Members of the House:

I am transmitting herewith appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

LOCAL APPOINTMENT

Appointment, Member, York County Master-in-Equity, with term to expire June 30, 1997:

Initial Appointment under Act 678 of 1988:

J. Buford Grier, P.O. Box 2891 CRS, 200 Oakland Avenue, Rock Hill, S.C. 29732-2891

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

COMMUNICATION

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 13, 1991
Mr. Paul W. Derrick
214 Outlet Pt. Blvd.
Columbia, S.C. 29210

Dear Paul:

I have received today a copy of the jury verdict issued in the U.S. District Court of South Carolina criminal case of United States of America v. Paul Wayne Derrick, Docket No. 3:91-91.

Based upon two convictions contained in that verdict and in accord with House Rule 3.12, I must regretfully declare the House District No. 69 seat vacant. Accordingly, all privileges of office, including those previously suspended upon your indictment, are now terminated.

Sincerely,
Robert J. Sheheen

Received as information.

REGULATION RECEIVED

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

Document No. 1388
Promulgated By Board of Education
Computing Experience for Teachers
Received By Speaker May 13, 1991
Referred to House Committee on Education and Public Works
120 day review expiration date September 10, 1991

REGULATION WITHDRAWN

Document No. 1289
Promulgated By Department of Highways and Public Transportation
Motor Vehicle Registration and Financial Responsibility
Referred to House Committee on Education and Public Works
Withdrawn: May 14, 1991

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3994 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL BOYS TENNIS TEAM FOR WINNING THE 1991 STATE CLASS AAA CHAMPIONSHIP.

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

HOUSE RESOLUTION

The following was introduced:

H. 3995 -- Reps. T.C. Alexander, M.O. Alexander, G. Bailey, J. Bailey, G. Brown, Burriss, Cato, Cromer, Harvin, Koon, L. Martin, McLeod, Neilson, Quinn, Smith, Wells and Whipper: A HOUSE RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED ATTORNEYS, MR. JOHN GREGG MCMASTER OF COLUMBIA, UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE ASSOCIATION OF SOUTH CAROLINA LIFE INSURANCE COMPANIES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 983 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE TYRONE GADSON OF ORANGEBURG COUNTY UPON BEING NAMED THE "1991 SANTEE COOPER COUNTRY AND SOUTH CAROLINA HOSPITALITY EMPLOYEE OF THE YEAR".

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

INTRODUCTION OF BILLS

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

H. 3996 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO PROVIDE FOR THE REGULATION OF A CREDIT SERVICES ORGANIZATION AND PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3997 -- Rep. J. Bailey: A BILL TO AMEND SECTION 54-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITION OF PROPERTY BY THE SOUTH CAROLINA STATE PORTS AUTHORITY BY PURCHASE OR CONDEMNATION, SO AS TO PROVIDE THAT AFTER JANUARY 1, 1991, THE AUTHORITY MAY NOT UTILIZE THE POWER OF EMINENT DOMAIN ON PROPERTY LYING WITHIN A MUNICIPALITY WITHOUT THE CONSENT OF THE GOVERNING BODY OF THE MUNICIPALITY.

Rep. J. BAILEY asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RAMA objected.

Referred to Committee on Judiciary.

S. 948 -- Senators Williams and Matthews: A BILL TO AUTHORIZE EACH SCHOOL DISTRICT OF ORANGEBURG COUNTY, AT THE DISCRETION OF THE SCHOOL DISTRICT'S BOARD OF TRUSTEES, TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

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

S. 981 -- Senators Williams and Matthews: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE FOR FISCAL YEARS 1991-92 AND 1992-93 A SCHOOL DISTRICT TO RAISE ITS MILLAGE THREE MILLS IN EXCESS OF THE PRECEDING YEAR'S MILLAGE UNDER CERTAIN CONDITIONS, AND TO REQUIRE A PUBLIC HEARING BEFORE SUBMITTING THE BUDGET AND PROPOSED TAX LEVY TO COUNTY OFFICIALS.

Referred to the Orangeburg Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 3998 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL GIRLS AND BOYS TENNIS TEAMS FOR WINNING THE 1990 AND 1991 STATE CLASS AAAA CHAMPIONSHIPS, RESPECTIVELY.

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

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.             Bailey, K.
Baker                  Barber                 Baxley
Beatty                 Bennett                Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corbett                Cork
Corning                Cromer                 Elliott, L.
Fair                   Farr                   Felder
Fulmer                 Gentry                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hayes                  Hendricks              Hodges
Holt                   Houck                  Inabinett
Jaskwhich              Jennings               Keegan
Keesley                Kempe                  Kinon
Kirsh                  Klapman                Koon
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Mattos
McAbee                 McCraw                 McGinnis
McKay                  McTeer                 Meacham
Neilson                Nettles                Phillips
Rama                   Rhoad                  Ross
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 14.

Thomas E. Huff                    James W. Johnson, Jr.
Tim Rogers                        Will McCain
Irene K. Rudnick                  Rick Quinn
Morgan Martin                     Roger Young
James C. Johnson                  Maggie W. Glover
Steve Lanford                     William D. Boan
Joseph McElveen                   C. Lenoir Sturkie
Gene Stoddard                     Samuel R. Foster
Dick Elliott                      Derham Cole
Total Present--113

STATEMENT FOR JOURNAL

I missed session on May 9, Thursday, due to illness.
Rep. RICK QUINN

SPECIAL PRESENTATION

Rep. J. BROWN, and the Richland Delegation, presented Corporal Benjamin Murray, Chief of Security for the Blatt Building, and commended him for his outstanding public service and his off duty act of bravery in a life threatening situation, saving the life of a fellowman.

SENT TO THE SENATE

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

H. 3767 -- Reps. Foster, Kirsh, Hayes and Meacham: A BILL TO AMEND JOINT RESOLUTION 385 OF 1990, RELATING TO DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER, SO AS TO DESIGNATE SECTION 1 OF THAT ACT AS SECTION 49-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE A PORTION OF THE BROAD RIVER AS A SCENIC RIVER.

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

H. 3724 -- Reps. Waldrop and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-112 SO AS TO PROVIDE THAT A PERSON PERFORMING BARBERING OR COSMETOLOGY SERVICES MAY NOT BE ARRESTED FOR VIOLATIONS OF THE BARBERING OR COSMETOLOGY ACTS AND TO PROVIDE THAT SUCH PERSON MAY BE ISSUED A CITATION AND SUMMONS.

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.

ORDERED ENROLLED FOR RATIFICATION

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

S. 940 -- Senator Washington: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.

S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.

S. 290--DEBATE ADJOURNED

Rep. BENNETT moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.

H. 3447--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

H. 3631--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.

H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.

H. 3845--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.

H. 3845 -- Rep. Boan: A BILL TO AMEND SECTIONS 59-107-40, 59-107-50, 59-107-60, 59-107-70, 59-107-100, 59-107-160, 59-107-180, AND 59-107-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSTITUTION BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE BONDS ARE AUTHORIZED AND ISSUED; TO AMEND SECTION 11-27-30, RELATING TO THE EFFECT OF THE CONSTITUTION OF THIS STATE ON ALL STATE BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN STATE BONDS AND NOTES MUST BE ISSUED AND DELIVERED, AND TO REPEAL SECTIONS 57-11-350, RELATING TO THE EXECUTION OF STATE HIGHWAY BONDS, 59-71-500, RELATING TO THE EXECUTION OF STATE SCHOOL BONDS, AND 59-107-130, RELATING TO THE EXECUTION OF STATE INSTITUTION BONDS.

H. 3753--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, May 21, which was adopted.

H. 3753 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO SHALL NOT BE LICENSED, SO AS TO ADD PERSONS WHOSE DRIVING PRIVILEGE IS SUBJECT TO BE SUSPENDED.

H. 3539--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Wednesday, May 15, which was adopted.

H. 3539 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG-TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS, AND CONDITIONS APPLICABLE TO LONG-TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER NECESSARY CARE IN THE HOME OR COMMUNITY WITH DAILY BENEFITS AT THE SAME LEVEL THAT WOULD BE PAID FOR CARE IN A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY UNDER CERTAIN CONDITIONS, REQUIRE THE INSURER TO OFFER THIS NECESSARY CARE IN THE HOME OR COMMUNITY FOR THE INSURED'S OPTION BY MEANS OF A RIDER, AND PROVIDE AN EXCEPTION FOR OFFERING THE RIDER; AND TO PROVIDE THAT THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND TWO YEARS AFTER THAT, THE COMMISSION ON AGING, IN COOPERATION WITH THE JOINT LEGISLATIVE COMMITTEE ON AGING AND THE DEPARTMENT OF INSURANCE, SHALL EVALUATE THE EFFECTS OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.

H. 3381--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. NEILSON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\N05\7581.BD), which was adopted.

Amend the bill, as and if amended, by striking Section 40-25-110(B), page 9, beginning on line 34, and inserting:

/(B)     An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and payment of the fee provided in Section 40-25-100 without examination./

Amend title to conform.

Rep. NEILSON explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 6 was out of order as it had been previously defeated by the House.

The SPEAKER stated that the House had previously adopted an amendment by Rep. NEILSON and the House had also adopted an amendment by Rep. WALDROP which struck her amendment and the amendment up for debate had the effect of striking Rep. WALDROP'S amendment and he overruled the Point of Order.

Rep. WALDROP spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. JASKWHICH a leave of absence for the remainder of the day.

Rep. RAMA moved to table the amendment.

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

Yeas 44; Nays 46

Those who voted in the affirmative are:

Baker                  Boan                   Brown, H.
Bruce                  Burch                  Cato
Chamblee               Cooper                 Corbett
Cork                   Fulmer                 Gentry
Harris, P.             Harrison               Harvin
Haskins                Hendricks              Houck
Huff                   Johnson, J.C.          Johnson, J.W.
Keesley                Kirsh                  Koon
Lanford                Littlejohn             Martin, M.
McAbee                 McTeer                 Quinn
Rama                   Rhoad                  Ross
Rudnick                Scott                  Sheheen
Snow                   Tucker                 Vaughn
Waldrop                White                  Wilder
Wofford                Young, R.

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Baxley                 Carnell
Corning                Cromer                 Elliott, L.
Farr                   Glover                 Gregory
Hallman                Harris, J.             Harwell
Hayes                  Holt                   Inabinett
Jennings               Keegan                 Kempe
Keyserling             Kinon                  Klapman
Manly                  Marchbanks             Martin, L.
McCain                 McCraw                 McKay
Meacham                Neilson                Phillips
Rogers                 Shirley                Short
Smith                  Townsend               Waites
Whipper                Wilkes                 Wright
Young, A.

Total--46

So, the House refused to table the amendment.

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

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

H. 3790--DEBATE ADJOURNED

Rep. McLEOD moved to adjourn debate upon the following Bill until Tuesday, May 21, which was adopted.

H. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.

H. 3766--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.

Rep. CHAMBLEE explained the Bill.

Rep. KLAPMAN moved to adjourn debate upon the Bill.

Rep. WALDROP moved to table the motion, which was agreed to by a division vote of 38 to 9.

The Bill was then read the second time and ordered to third reading.

ORDERED TO THIRD READING

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

S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.

Rep. WOFFORD explained the Joint Resolution.

S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 814--DEBATE ADJOURNED

Rep. CHAMBLEE moved to adjourn debate upon the following Joint Resolution until Wednesday, May 22, which was adopted.

S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 741--INTERRUPTED DEBATE

The following Bill was taken up.

S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3395.BD).

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 20-7-2975.     During the hours of operation all child day care facilities except registered family day care homes must have on the premises at least one caregiver with a current certificate for the provision of basic first aid and child-infant cardiopulmonary resuscitation."

SECTION     2.     This act takes effect one year after approval by the Governor./

Amend title to conform.

Rep. WOFFORD 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. WOFFORD having the floor.

H. 3774--OBJECTIONS WITHDRAWN

Reps. CATO and FULMER withdrew their objections to the following Bill.

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

S. 722--OBJECTIONS WITHDRAWN

Reps. HOLT and J. BAILEY withdrew their objections to the following Bill.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3994 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL BOYS TENNIS TEAM FOR WINNING THE 1991 STATE CLASS AAA CHAMPIONSHIP.

H. 3998 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL GIRLS AND BOYS TENNIS TEAMS FOR WINNING THE 1990 AND 1991 STATE CLASS AAAA CHAMPIONSHIPS, RESPECTIVELY.

H. 3820 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING UNDER CONSTRUCTION IN HUGER AS THE "RALPH HAMER, SR., BOAT LANDING".

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. L. ELLIOTT adjourned in memory of Mrs. Bela Stone of Mullins, to meet at 10:00 A.M. tomorrow.

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