Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

Eternal God, our Father, we come in this prayer opening our hearts to Your presence and our minds to Your truths. Help us to accept our privileges with gratitude, to face our challenges with courage, and to carry our responsibilities with fidelity. Deliver us from pettiness that pulls us down. Bind us together in one great effort to keep this State great and good. And having done our work effectively and sincerely, may we come to the end of the day unashamed and unafraid with a peace of mind, having heeded Your Holy Word: "You will keep him in perfect peace whose mind is stayed on You." Amen.

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

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

The following was received.
Columbia, S.C., February 11, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1137:
S. 1137 -- Senators Passailaigue, Martschink, McConnell, Fielding and Washington: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

Rep. A. YOUNG moved that when the House adjourns it adjourn in memory of John H. Pratt, which was agreed to.

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

Document No. 1453
Promulgated By Board of Nursing
Definitions Of Terms And Requirements For Official Recognition
Received By Speaker February 12, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 11, 1992

Rep. WILKES, from the Fairfield Delegation, submitted a favorable report, on:

S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

Ordered for consideration tomorrow.

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

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

Ordered for consideration tomorrow.

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

H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.

Ordered for consideration tomorrow.

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

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

Ordered for consideration tomorrow.

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

H. 4111 -- Rep. Kirsh: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 4119 -- Reps. Haskins, Rama, Wilkins, Cato, Harrison, Smith, Felder, Baxley, Wells, A. Young, D. Elliott, Harvin, Lanford, Anderson, Riser, Gonzales, Manly, J. Williams, Waites, Kirsh, Keegan, Rudnick, Mattos, Harrelson, Stone, J. Brown, Keyserling and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

Ordered for consideration tomorrow.

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

H. 4120 -- Rep. Haskins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.

Ordered for consideration tomorrow.

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

H. 4140 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.

Ordered for consideration tomorrow.

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

H. 4141 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

Ordered for consideration tomorrow.

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

S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.

Ordered for consideration tomorrow.

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

S. 1017 -- Senator Drummond: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MEET "AT ITS OFFICES IN COLUMBIA" AND PROVIDE INSTEAD THAT THE COMMISSION MEET AT PLACES AS THE COMMISSION DETERMINES; TO AMEND SECTION 7-17-70, RELATING TO COUNTY BOARDS OF CANVASSERS AND THE HEARING OF APPEALS BY THE BOARD OF STATE CANVASSERS UNDER THE ELECTION LAWS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD MEET "IN COLUMBIA" FOR THIS PURPOSE; AND TO AMEND SECTION 7-17-220, RELATING TO THE MEETING OF THE BOARD OF STATE CANVASSERS AFTER A GENERAL ELECTION, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MEET "AT THE OFFICE OF THE ELECTION COMMISSION".

Ordered for consideration tomorrow.

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

H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.

Ordered for consideration tomorrow.

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

H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.

Ordered for consideration tomorrow.

The Senate sent to the House the following:

S. 1278 -- Senator Helmly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, ALSO KNOWN AS SANTEE COOPER, FOR FIFTY YEARS OF EFFICIENT, RELIABLE, AND DEDICATED SERVICE THAT HAS IMPROVED THE QUALITY OF LIFE IN SOUTH CAROLINA.

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

The Senate sent to the House the following:

S. 1292 -- Senators Russell, Courtney, Reese, Wilson, Peeler and J. Verne Smith: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BETTY M. MOORE, FORMER DIRECTOR OF REGISTRATION AND ELECTIONS FOR SPARTANBURG COUNTY, WHO DIED ON WEDNESDAY, FEBRUARY 5, 1992.

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

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

H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.

Referred to Committee on Education and Public Works.

H. 4391 -- Rep. Felder: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT TO CHARGE FEES FOR SUPPLEMENTARY INSTRUCTIONAL MATERIALS; TO REVISE THE PER DIEM AND MILEAGE THAT MEMBERS OF THE BOARD OF TRUSTEES SHALL RECEIVE; TO ABOLISH THE CALHOUN COUNTY BOARD OF EDUCATION ON THE EFFECTIVE DATE OF THIS ACT, AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS TO SPECIFIED ENTITIES; TO ABOLISH THE OFFICE OF CALHOUN COUNTY SUPERINTENDENT OF EDUCATION UPON THE EXPIRATION OF THE CURRENT TERM OF THE INCUMBENT SUPERINTENDENT OF EDUCATION, AND DEVOLVE THE FUNCTIONS, DUTIES, AND POWERS OF THIS OFFICE UPON THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT; AND TO REPEAL SECTION 1 OF ACT 743 OF 1976, RELATING TO THE CALHOUN COUNTY BOARD OF EDUCATION.

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

H. 4392 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO AUTHORIZE CERTAIN ADVERTISING MATERIALS ORIGINATING FROM A REGISTERED PRODUCER OF ALCOHOLIC LIQUORS.

Referred to Committee on Labor, Commerce and Industry.

H. 4393 -- Rep. McLeod: A BILL TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.

Referred to Committee on Labor, Commerce and Industry.

H. 4394 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-75 SO AS TO PROVIDE FOR THE ISSUANCE OF A DRIVER TRAINING VOUCHER AND THE REQUIREMENTS OF A DRIVER TRAINING COURSE; AND BY ADDING SECTION 56-3-810 SO AS TO INCREASE THE ANNUAL REGISTRATION AND LICENSE FEE BY TWO DOLLARS TO BE USED FOR DRIVER TRAINING VOUCHERS.

Referred to Committee on Education and Public Works.

H. 4395 -- Rep. Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REDEFINE THE ELECTION DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

Referred to Anderson Delegation.

H. 4396 -- Rep. Wilkes: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, AUTHORIZE THE LAND RESOURCES CONSERVATION COMMISSION TO ASSESS FINES FOR VIOLATIONS, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.

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

H. 4397 -- Rep. Wilkes: A BILL TO AMEND SECTION 12-7-1225, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS FOR THE CONSTRUCTION AND INSTALLATION OR RESTORATION OF WATER IMPOUNDMENTS AND WATER CONTROL STRUCTURES, SO AS TO PROVIDE A CREDIT FOR STRUCTURES DESIGNED FOR WATER QUALITY PROTECTION AND IMPROVEMENT AND PROVIDE REQUIREMENTS FOR PROOF OF EXEMPTION FROM PERMIT REQUIREMENTS.

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

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

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

H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without Reference.

H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without Reference.

H. 4401 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-160 SO AS TO REQUIRE MANDATORY ANNUAL CONTINUING EDUCATION REQUIREMENTS FOR DENTAL HYGIENISTS BEGINNING IN JANUARY OF 1993.

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

H. 4402 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-60-45 SO AS TO PROVIDE THAT A STATE LICENSED OR STATE CERTIFIED REAL ESTATE APPRAISER IS NOT REQUIRED FOR REAL-ESTATE-RELATED FINANCIAL TRANSACTIONS WHICH ARE EXEMPTED FROM THE APPRAISAL REQUIREMENT UNDER THE REGULATIONS OF THE FEDERAL BANKING AGENCIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4403 -- Reps. Snow, Keegan, D. Elliott, Corbett and M. Martin: A BILL TO AMEND SECTION 59-69-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN PUBLIC OFFICIALS CONTRACTING WITH SCHOOL DISTRICTS OR ACQUIRING A PECUNIARY INTEREST IN SCHOOL DISTRICT MATTERS, SO AS TO DELETE PROVISIONS WHICH AUTHORIZE A COUNTY BOARD OF EDUCATION MEMBER, A SCHOOL TRUSTEE, OR A BUSINESS WITH WHICH HE IS ASSOCIATED TO PROVIDE SERVICES OR SELL PRODUCTS TO THE DISTRICT OF WHICH HE IS A BOARD MEMBER OR TRUSTEE, UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.

Referred to Committee on Judiciary.

S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.

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

S. 1114 -- Senators Lourie, Giese, Passailaigue and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING AND THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO STUDY THE ISSUANCE AND USE OF RESTRICTED DRIVER'S LICENSES FOR THE AGING AND PERSONS WITH HANDICAPPING CONDITIONS AS A MEANS TO ENHANCE THE INDEPENDENCE AND SELF-SUFFICIENCY OF THESE PERSONS AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Referred to Committee on Invitations and Memorial Resolutions.

S. 1236 -- Senator Lourie: A BILL TO AMEND SECTION 56-5-2580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF JURORS FROM MUNICIPAL PARKING METERS AND TIME REGULATIONS, SO AS TO PROVIDE THAT THIS EXEMPTION DOES NOT APPLY WHERE PARKING IS PROVIDED OTHERWISE AND TO PROVIDE THAT WHEN SPECIAL PARKING IS PROVIDED FOR JURORS, THE SHERIFF SHALL PROVIDE AN AFTER-HOURS ESCORT TO ACCOMPANY JURORS TO THE PARKING SPACES.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cole                   Cooper
Corbett                Cork                   Corning
Council                Cromer                 Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Foster
Fulmer                 Gentry                 Glover
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Huff                   Hyatt                  Inabinett
Jaskwhich              Jennings               Johnson, J.W.
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Wright
Young, A.              Young, R.

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

Alex C. Harvin, III

I was not present during the Session but arrived in time to attend the Committee meetings on February 11.

Morgan Martin

Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.

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

S. 1296 -- Senators Drummond, J. Verne Smith, Land, Setzler, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO APPROVE THE ACTIONS TAKEN BY THE BUDGET AND CONTROL BOARD TO OFFSET THE REDUCTION IN REVENUES IN FISCAL YEAR 1991-92.

Whereas, on February 10, 1992, the Board of Economic Advisors reduced further the revenue estimate for fiscal year 1991-92 to 3 billion, 385 million dollars; and

Whereas, the General Assembly recognizes the need to reduce the level of expenditure by state agencies by one percent in light of the Board of Economic Advisors' revised revenue estimate; and

Whereas, the General Assembly recognizes the austere fiscal situation impacting on school districts in this State; and

Whereas, there currently exists $38,156,141 in the General Reserve Fund to cover any revenue shortfalls at the end of the fiscal year 1991-92. Now, therefore,

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

That the General Assembly approves the actions taken by the Budget and Control Board to offset the fifty-five million dollar reduction in revenues in fiscal year 1991-92 as follows:

(1)     Difference from the 7-26-91

3% cut taken versus the BEA revenue

reduction of $148.2 million                         19.7

(2)     Radioactive waste surcharge

increase January-June 1992                     19.6

(3)     1% across the board agency

set-aside;                                                                 32.9

exempt EFA partial                                     (5.5)

(4)     Reduce for the following agency

deficits:

(a)     SC Department of Corrections         (8.0)

(b)     Department of Social Services         (1.0)

(c)     Other agencies                             (1.0)

(5)     Total amount to apply to reduction         $56.7

(6)     BEA revenue reduction 2-10-92         (55.0)

(7)     Balance remaining         $1.7

Be it further resolved that a copy of this resolution be forwarded to the State Budget and Control Board.

Rep. BOAN explained the Concurrent Resolution.

Rep. McABEE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2105.SD), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That the General Assembly approves, subject to those additional appropriations listed below in this resolution, the actions taken by the Budget and Control Board to offset the fifty-five million dollar reduction in revenues in fiscal year 1991-92 as follows:

(1)     Difference from the 7-26-91

3% cut taken versus the BEA revenue

reduction of $148.2 million                 19.7

(2)     Radioactive waste surcharge

increase January-June 1992                 19.6

(3)     1% across the board agency

set-aside;                                             32.9

exempt EFA partial                     (5.5)

(4)     Reduce for the following agency

deficits:

(a)     SC Department of Corrections         (8.0)

(b)     Department of Social Services         (1.0)

(c)     Other agencies                 (1.0)

(5)     Total amount to apply to reduction         $56.7

(6)     BEA revenue reduction 2-10-92         (55.0)

(7)     Balance remaining                 $1.7.

Be it further resolved that the General Assembly approval of the Budget and Control Board's action is contingent upon the Budget and Control Board restoring from the 1.7 million dollar balance remaining the following appropriations to the agencies shown:

(1)     John de la Howe School     32,000.00

(2)     Wil Lou Gray Opportunity School     27,000.00

(3)     School for the Deaf and Blind     102,000.00
161,000.00/.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. KLAPMAN moved to table the amendment, which was not agreed to by a division vote of 12 to 81.

Rep. KLAPMAN spoke against the amendment.

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

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

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

H. 3296 -- Reps. Tucker, Huff, Smith, Clyborne and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.

The following Bill was taken up.

H. 3747 -- Rep. Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-25 SO AS TO PROHIBIT THE TAKING OF MIGRATORY WATERFOWL FROM BLINDS OR POSITIONS MORE THAN TEN FEET ABOVE SURFACE LEVEL, REQUIRE CONSTRUCTION FROM BIODEGRADABLE MATERIALS ON PUBLIC LANDS AND WATERS, PROVIDE FOR USE OF PUBLIC BLINDS, AND PROVIDE PENALTIES.

Reps. BENNETT and RHOAD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8074.BD), which was adopted.

Amend the bill, as and if amended, by striking Section 50-11-25(A), SECTION 1, page 1, beginning on line 24, and inserting:

/(A)     It is unlawful to take migratory waterfowl from blinds or positions where the floor level of the blind or the position is:

(1)     more than ten feet above surface level in or around freshwater; or

(2)     more than five feet above the mean high water in or around saltwater./

Amend title to conform.

Rep. BENNETT explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4118 -- Reps. Bennett and Rhoad: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISHING STAMPS AND PERMITS ISSUED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, SO AS TO DECREASE THE AMOUNT OF THE FEES FOR CHARTER VESSEL PERMITS.

Rep. BOAN raised the Point of Order that H. 4118 was out of order as it dealt with fees and should have been referred to the Ways and Means Committee.

Rep. BENNETT argued contra the Point.

The SPEAKER sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.

The following Bill was taken up.

H. 4194 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 9, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL LIVESTOCK PROVISIONS, BY ADDING ARTICLE 7 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

Rep. WILKINS moved to commit the Bill to the Committee on Judiciary, which was agreed to.

Rep. BENNETT moved to adjourn debate upon the following Bill until Tuesday, February 18, which was adopted.

H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.

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

S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

Rep. SHARPE explained the Bill.

The following Bill was taken up.

S. 383 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY OF ANY COUNTY TO ESTABLISH BY ORDINANCE OR RESOLUTION THE MINIMUM NUMBER OF SIGNATURES NECESSARY ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY.

Rep. HODGES explained the Bill.

Rep. MATTOS moved to adjourn debate upon the Bill until Tuesday, February 18, which was adopted.

The following Bill was taken up.

H. 4033 -- Rep. Hayes: A BILL TO AMEND SECTION 44-71-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DISCRIMINATION IN HOSPICE PROGRAMS, SO AS TO REVISE THE BASIS FOR DISCRIMINATION TO INCLUDE ABILITY OR INABILITY TO PAY AND DIAGNOSIS OF PATIENT AND TO CLARIFY THAT A HOSPICE MAY NOT DISCRIMINATE ON THESE GROUNDS IN ACCEPTING PATIENTS OR IN PROVIDING SERVICES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2037.AC).

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

/SECTION     1.     Section 44-71-90 of the 1976 Code is amended to read:

"Section 44-71-90.     Hospices must A hospice may not discriminate based on age, sex, race, color, religion, or source of payment, ability or inability to pay, or location of patient, in determining acceptance into a hospice program or provision of in providing goods and or services to patients of or potential patients."

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. McTEER moved to recommit the Bill to the Judiciary Committee, which was agreed to.

The following Bill was taken up.

H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Judiciary.

Rep. BAXLEY explained the amendment and moved to adjourn debate upon the Bill until Thursday, February 13, which was adopted.

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

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

The following Joint Resolution was taken up.

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 6, by the Committee on Education and Public Works.

Rep. WRIGHT explained the amendment and moved to adjourn debate upon the Bill until Thursday, February 13, which was adopted.

The following Bill was taken up.

H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.

Rep. MANLY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6146.AC).

Amend the bill, as and if amended, in Section 59-65-45 of the 1976 Code, by adding a new paragraph at the end of the section to read:

/The State Department of Education shall conduct a review of the home school teacher qualifications to insure minimum standards once every three years./

Amend title to conform.

Rep. MANLY 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. MANLY having the floor.

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

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4347 -- Reps. Keyserling, Barber, Hendricks, Whipper and Rogers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO STRENGTHEN ENERGY EFFICIENCY STANDARDS FOR MANUFACTURED HOUSING AND TO ALLOW STATES TO REQUIRE GREATER ENERGY EFFICIENCY MEASURES THAN REQUIRED BY THE FEDERAL STANDARDS AND THAT IF THESE MEASURES ARE NOT ACTED UPON BY THE UNITED STATES CONGRESS AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY 1993, THEN THE STATE OF SOUTH CAROLINA WILL SEEK OTHER REMEDIES TO ENSURE THAT ONLY ENERGY-EFFICIENT MANUFACTURED HOUSING IS ALLOWED TO BE SOLD IN THIS STATE.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4369 -- Reps. Jennings, Harrelson, D. Elliott, Cromer, Barber, Keyserling, Gentry, Wilder, J. Harris, Beasley, Baxley, Harwell, K. Burch, Kempe, Waites, Keegan, Scott, Farr, Neilson, Hodges, Canty, Glover, Riser, McCraw, Houck, Townsend, Anderson, Kinon, L. Elliott, McAbee, Altman, McKay, Whipper, Kennedy, Boan, H. Brown, L. Martin, Inabinett, Cork, Taylor, Snow, Corbett, Byrd, Wright, Harvin, McElveen, Phillips, Beatty, Manly, McTeer, Foster, M. Martin and Delleney: A HOUSE RESOLUTION TO MEMORIALIZE THE SOUTHEAST COMPACT COMMISSION FOR LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT TO ADOPT A "GOOD NEIGHBOR" POLICY PRECLUDING THE LOCATION OF ANY NEW LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY ON ANY SITE WITHIN TEN MILES OF THE BORDER OF ANY NEIGHBORING STATE AND CALLING UPON THE SOUTH CAROLINA DELEGATES TO THE SOUTHEAST COMPACT COMMISSION TO INSIST UPON INCLUSION OF SUCH A POLICY IN ANY MILESTONES WHICH ARE PRESENTED TO THE REGIONAL COMPACT COMMISSION.

Ordered for consideration tomorrow.

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

H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.

Referred to Committee on Education and Public Works.

H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

Referred to Committee on Ways and Means.

H. 4407 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17, TITLE 37 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING BY THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS OF BUSINESSES SELLING CHECKS AND MONEY ORDERS AND CASHING CHECKS FOR CONSIDERATION; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE LICENSE FEES; TO REQUIRE FINANCIAL SURETY, INCLUDING BONDS; TO PERMIT EXAMINATION OF RECORDS AND BOOKS; TO PROVIDE RESTRICTIONS ON FEES CHARGED FOR SERVICES; TO PROVIDE GROUNDS FOR REVOCATION AND SUSPENSION; AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4408 -- Reps. Rhoad, Harrelson, Harrison, Smith, McLeod, Sharpe, Stone, Riser, Fulmer, Corning, H. Brown, Shissias, Snow, Wofford, Phillips, Glover, P. Harris, Wilder, Wilkes, Byrd, Cobb-Hunter, Waites, Council, Inabinett, McGinnis, Quinn and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED; AND TO AMEND SECTION 48-35-60, RELATING TO PENALTIES FOR BURNING, SO AS TO INCREASE THE MONETARY PENALTIES.

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

The following was introduced:

H. 4404 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DOMINIC D. DIFRANCESCO, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1992.

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

That the Honorable Dominic D. DiFrancesco, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 25, 1992.

Rep. CROMER demanded the yeas and nays on the adoption of the Resolution, which were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, G.
Brown, H.              Bruce                  Burch, K.
Byrd                   Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Corbett                Cork                   Council
Delleney               Elliott, D.            Elliott, L.
Fair                   Felder                 Foster
Fulmer                 Gentry                 Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Hodges
Holt                   Houck                  Huff
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Manly                  Marchbanks
Martin, D.             Martin, L.             Mattos
McAbee                 McCraw                 McElveen
McGinnis               McKay                  McTeer
Meacham                Neilson                Nettles
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wright
Young, A.

Those who voted in the negative are:

Brown, J.              Cromer                 Haskins
McLeod                 Taylor                 Young, R.

So, the Concurrent Resolution was adopted and ordered sent to the Senate.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. MANLY having the floor.

H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.

Debate was resumed on Amendment No. 1 by Rep. MANLY.

Rep. MANLY relinquished the floor.

The amendment was then adopted.

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

The following Bill was taken up.

H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 1, by the Committee on Education and Public Works.

Rep. WRIGHT explained the amendment.

The amendment was then adopted.

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

Rep. FARR moved to adjourn debate upon the following Bill until Thursday, February 20, which was adopted.

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

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

H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

H. 4204 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.

Rep. FARR explained the Bill.

S. 361 -- Senators Setzler, Hinds, Leventis, Martin, Mitchell, Land, Wilson, Rose, Moore, Russell, Lourie and Mullinax: A BILL TO AMEND CHAPTER 103, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, BY ADDING SECTION 59-103-160 SO AS TO PROVIDE FOR THE COMMISSION TO DEVELOP INFORMATION PACKAGES ON POST-SECONDARY EDUCATION REQUIREMENTS AND OPTIONS, SECTION 59-103-170 SO AS TO PROVIDE FOR COUNSELING BY HIGHER EDUCATION INSTITUTIONS ON POST-SECONDARY EDUCATION FOR EIGHTH GRADE STUDENTS, SECTION 59-103-180 SO AS TO PROVIDE FOR THE COOPERATION OF THE STATE BOARD AND DEPARTMENT OF EDUCATION AND THE SEVERAL SCHOOLS AND SCHOOL DISTRICTS OF THIS STATE, AND SECTION 59-103-190 SO AS TO REQUEST BUSINESS AND INDUSTRY TO ALLOW PARENTS THE OPPORTUNITY TO PARTICIPATE IN THE COUNSELING.

Rep. PHILLIPS explained the Bill.

H. 4353 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4380 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1388, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PHILLIPS explained the Joint Resolution.

S. 1272 -- Senators Williams, Matthews, Fielding, Gilbert, Mitchell, Patterson and Washington: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.

The following Bill was taken up.

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

Rep. L. MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3642.AL), which was adopted.

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

/SECTION __.     Section 56-3-375 of the 1976 Code is amended by adding at the end:

"This section does not require a person to maintain registration and licensing for a vehicle that ceases to be operated, is in storage, or is inoperable. A person may subsequently register and license a vehicle that is in storage, is not being operated, or is inoperable upon payment of a five dollar fee. However, the vehicle may be re-registered at the five dollar fee only if proof of financial responsibility as provided in Title 56 is demonstrated and if the previous registration and licensing of the vehicle has not violated Sections 56-10-240 and 56-10-245."/

Renumber sections to conform.

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

Rep. RUDNICK moved to adjourn debate upon the Bill until Thursday, February 13, which was adopted.

The following Joint Resolution was taken up.

H. 4355 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CERTIFIED WELL DRILLERS, BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Reps. RHOAD, BENNETT, SNOW, HALLMAN, BRUCE, WILKES, WAITES, RISER, SHARPE, INABINETT, CORBETT, COBB-HUNTER, STURKIE, MEACHAM, DELLENEY and COUNCIL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2095.AC), which was adopted.

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

/Section     1.     The regulations of the Environmental Certification Board, relating to certified well drillers, biological wastewater treatment plant operators, physical/chemical wastewater treatment plant operators and water treatment plan operators, designated as Regulation Document Number 1390, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are disapproved./

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

Rep. HOLT moved to table the Resolution, which was not agreed to.

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

Rep. FELDER moved to adjourn debate upon the following Joint Resolution until Thursday, February 13, which was adopted.

H. 4372 -- Reps. Felder, Foster, Bennett, Cobb-Hunter, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White, D. Williams, Rhoad and Council: A JOINT RESOLUTION TO EMPOWER THE TRUSTEES OF SOUTH CAROLINA STATE COLLEGE TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF ENLARGING AND IMPROVING DAWSON FOOTBALL STADIUM; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; AND TO MAKE PROVISIONS FOR THEIR REPAYMENT.

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, February 18, which was adopted.

H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, February 18, which was adopted.

H. 4385 -- Reps. Fair, Vaughn, Cato and Clyborne: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE CANDIDATE RECEIVING THE MAJORITY OF VOTES RATHER THAN THE HIGHEST NUMBER IS ELECTED.

Reps. CATO, RAMA and HASKINS 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.

Rep. RAMA raised the Point of Order that the objections of Rep. Burriss and Rep. McCain on H. 3774 were out of order as they were no longer members of the House.

The SPEAKER sustained the Point of Order and ordered the objections removed from the Bill.

Upon the withdrawal of objections by Reps. CLYBORNE, SMITH, P. HARRIS and FAIR, the Bill was taken up.

Rep. KEMPE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6118.AC), which was adopted.

Amend the bill, as and if amended, Section 48-1-100, page 1, beginning on line 35, by striking /public notice and, if requested, a public hearing/ and inserting /appropriate public comment procedures, as defined by department regulations hearing/.

Amend title to conform.

Rep. KEMPE explained the amendment.

The amendment was then adopted.

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

Upon the withdrawal of objections by Reps. LANFORD, BEATTY, GLOVER and WHIPPER, the following Bill was taken up.

S. 903 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-545 SO AS TO PROVIDE A PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, REQUIRE A TIME LIMIT ON THE REMOVAL OF THE CASE FROM THE DOCKET OF THE GENERAL SESSIONS COURT, REQUIRE THE SOLICITOR'S OFFICE TO PROSECUTE ALL TRANSFERRED CASES, AND REQUIRE ALL TRANSFERRED CASES TO BE RECORDED ON TAPE AND MAINTAINED BY THE CLERK OF COURT.

Rep. LANFORD raised the Point of Order that objection of Rep. Gregory on S. 903 was out of order as he was no longer a member of the House.

The SPEAKER sustained the Point of Order and ordered the objection removed from the Bill.

Reps. NETTLES and WILKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11781.DW).

Amend the bill, as and if amended, page 1, Section 22-3-545(A), line 31, by striking /two/ and inserting /five/ and by striking /, five hundred/.

Amend further, page 1, Section 22-3-545(B)(1), line 35, by inserting after /solicitor/ /, upon ten days written notice to the defendant,/

Amend further, page 1, Section 22-3-545(B)(1), line 38, by inserting after /magistrate's/ /or municipal/.

Amend further, page 1, Section 22-3-545(B)(1), line 39, by inserting after /disposition./ /Both parties must have the opportunity to be heard by the chief administrative judge./

page 2, Section 22-3-545(B), lines 2 through 5, by striking item (3).

Amend further, page 2, Section 22-3-545(B)(4), line 6, by inserting after /magistrate's/ /or municipal/.

Amend further, page 2, Section 22-3-545(C), line 10, by inserting after /magistrate's/ or municipal/.

Amend further, page 2, Section 22-3-545, lines 12 through 15, by striking subsection (D) and inserting:

/(D)     Provision for an adequate record must be made by the solicitor's office./

Amend further, page 2, Section 22-3-545, by inserting immediately after line 15:

/(E)     Notwithstanding the provisions of Chapter 3, Title 18, an appeal from a decision of the magistrate's or municipal court under this section must be conducted as a trial de novo as provided by law./

Amend title to conform.

Rep. ROGERS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. ROGERS having the floor.

Rep. CROMER withdrew his objection to the following Bill.

H. 3687 -- Reps. Fair, Wright, Corbett, Keegan and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES.

Reps. WHITE and D. WILLIAMS withdrew their objections to S. 385 however, other objections remained upon the Bill.

Rep. FAIR asked unanimous consent to object to H. 3687.

Rep. WAITES objected.

Rep. McTEER, with unanimous consent, made a short statement relative to the Highway Department.

Rep. HOLT asked unanimous consent to recall S. 1048 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. BENNETT objected.

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

H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.

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.

The following Concurrent Resolution was taken up.

H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.

Whereas, there exists the distinct possibility that the National Medal of Honor Museum will relocate to the Patriots Point Naval and Maritime Museum in Charleston Harbor; and

Whereas, many South Carolinians are enthusiastically in favor of such a move and the Governor has been foremost among them; and

Whereas, as the Governor has eloquently stated:
"The people of South Carolina have a strong and proud tradition of military service and deep respect for American military history. The numerous military installations, a significant retired population, and a substantial number of visitors to South Carolina would bode well for a military history museum. Last year [1990], nearly 300,000 persons visited Patriots Point and the many young people that visit would benefit from the Medal of Honor Society's Education Center.
The relocation of the Medal of Honor Museum to historic Patriots Point would be entirely fitting with the continuing tradition that the National Medal of Honor Society has upheld in honoring those who have shown bravery and courage in battle, many giving '...that last full measure of devotion' -- their lives."; and

Whereas, in order to obtain this very favorable and beneficial relocation of the Medal of Honor Society's national headquarters, museum, and library to the Palmetto State, the State of South Carolina must present to the Medal of Honor Society a comprehensive public and private package of incentives and must work very hard to entice the Society to hold its 1993 convention in Charleston; and

Whereas, if the Medal of Honor Society does decide to locate in South Carolina, its presence would provide the State: (1) international and national prestige and recognition; (2) economic benefits for tourism; and (3) definite educational benefits from the Society's different educational programs and involvement in the educational system; and

Whereas, the State's involvement in the package of incentives would include the following: (1) location of the National Medal of Honor Museum on the deck of the U.S.S. Yorktown at Patriots Point Naval and Maritime Museum; (2) one hundred ten thousand dollars to be provided by Patriots Point Development Authority as a grant to fund moving costs, the construction of displays, museum construction, and office expenses associated with the move; (3) state employment of the Medal of Honor Society Museum director; (4) the Department of Parks, Recreation and Tourism to provide funding of at least ten thousand dollars per year for the necessary advertising of the museum for five years; (5) ETV to be involved in educational programs of the Medal of Honor Society; (6) a Department of Education-sponsored letter-writing campaign and involvement in the 1993 Medal of Honor Society convention; (7) The Citadel to house the Congressional Medal of Honor Society Library; and (8) the Division of General Services of the Budget and Control Board to restructure payment of the balance of the loan authorized in Act 623 of 1990 for a five-year period without the payment of interest (Act 623 of 1990 is the joint resolution authorizing Patriots Point Development Authority to borrow not more than two hundred ten thousand dollars from the State Budget and Control Board state-owned property rent account and providing repayment terms); and

Whereas, the relocation of the National Medal of Honor Museum to Patriots Point Naval and Maritime Museum is a realistic goal which would be of enormous benefit to the State and which requires various state agencies pulling and working together in a concerted effort to make it happen. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution: (1) supports and encourages, in the strongest possible terms, the relocation of the National Medal of Honor Museum to Patriots Point Naval and Maritime Museum in Charleston Harbor; (2) urges the Department of Parks, Recreation and Tourism, the Department of Education, the South Carolina Educational Television Network, and The Citadel to lend their support to this effort; and (3) expresses its intention that Patriots Point Development Authority use certain monies, as indicated above, to assist in these relocation costs and that the Division of General Services of the Budget and Control Board restructure payment of the balance of the loan authorized in Act 623 of 1990 for a five-year period without the payment of interest.

Be it further resolved that copies of this resolution be forwarded to the following: the director of Patriots Point Naval and Maritime Museum; the executive director of the South Carolina Department of Parks, Recreation and Tourism; the State Superintendent of Education; the chairman of the State Board of Education; the president and general manager of the South Carolina Educational Television Network; the president of The Citadel; the chairman of the Board of Visitors of The Citadel; the director of Patriots Point Development Authority and the chairman of the Development Authority's governing board; the director of the Division of General Services; and the executive director and the members of the State Budget and Control Board.

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

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

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

Rep. SHEHEEN moved to reconsider the vote whereby H. 3774 was given a second reading, as amended, and the motion was noted.

The following was received.
Columbia, S.C., February 12, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1296.
S. 1296 -- Senators Drummond, J. Verne Smith, Land, Setzler, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO APPROVE THE ACTIONS TAKEN BY THE BUDGET AND CONTROL BOARD TO OFFSET THE REDUCTION IN REVENUES IN FISCAL YEAR 1991-92.
Very respectfully,
President

The Senate returned to the House with concurrence the following:

H. 4381 -- Medical, Military, Public and Municipal Affairs Committee: A CONCURRENT RESOLUTION TO RECOMMEND THAT AGENCIES OF THE STATE OF SOUTH CAROLINA, IN COOPERATION WITH THE STATE AGENCY OF VOCATIONAL REHABILITATION, EMPLOY QUALIFIED PERSONS WITH HANDICAPPING CONDITIONS AS TEMPORARY AND PERMANENT EMPLOYEES.

At 4:00 P.M. the House in accordance with the motion of Rep. A. YOUNG adjourned in memory of John H. Pratt, to meet at 10:00 A.M. tomorrow.

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