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:

Gracious God, the Source of all wisdom and the Giver of all blessings, it is easy for us to become so eager to get as to forget to give, so severe in our judgment of others but so lenient with ourselves, so obsessed with great ambitions that we are not always faithful to small but vital concerns. May the failures of our yesterdays not be repeated today, nor the pages written today set in evil example for tomorrow. Make us more concerned about things to live for than things to live on. Save us from policies without principles, from tasks without a sense of honor.

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.

Rep. ELLIOTT moved that when the House adjourns, it adjourn in memory of Mr. Ted Lane, which was agreed to.

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

February 22, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

You and your colleagues in the House (and representative staff members) are cordially invited to attend a reception in your honor on Wednesday, March 17, 1993 from 6:00 P.M. to 8:00 P.M. at Stadium Place, 1200 Bluff Road in Columbia. We have also invited the members of the Senate, the Governor, Lt. Governor and their Executive Council members and their staff.

We will be mailing invitations to each member, as well as encouraging our industry representatives to contact members personally. Please let me know if there are any other ways we might publicize the event within the legislative community... a calendar, perhaps?

Additionally, if anyone schedules a dinner for the same night as The Society of the Plastics Industry, Inc. reception, please let us know. We would like to contact them and see about coordinating our respective schedules.

Please advise me if you need further information. My direct line is 202/371-5246.

Sincerely yours,
Drew Fleming
Manager, Eastern Section

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

Document No. 1591
Promulgated By Department of Insurance
Actuarial Opinion and Memorandum Regulation
Received By Speaker February 22, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 29, 1994

Document No. 1642
Promulgated By Department of Labor
Procedures for Hearing Child Labor Act Administrative Appeals
Received By Speaker February 19, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994

Document No. 1613
Promulgated By Department of Labor
Procedures for Hearing Payment of Wages Administrative Appeals
Received By Speaker February 19, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994

Document No. 1529
Promulgated By Department of Corrections
Shock Incarceration Program
Received By Speaker February 19, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date January 26, 1994

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

S. 242 -- Senators Ford and Glover: A CONCURRENT RESOLUTION TO ENCOURAGE SPECIAL INTEREST GROUPS EMPLOYING LOBBYISTS TO INCREASE THE NUMBER OF QUALIFIED AFRICAN-AMERICANS EMPLOYED AS REGISTERED LOBBYISTS.

Ordered for consideration tomorrow.

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

S. 243 -- Senators Wilson, Gregory, Russell, Cork, Ryberg, Drummond, J. Verne Smith and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

Ordered for consideration tomorrow.

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

S. 404 -- Senator Courson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 22-28, 1993, AS "TEENAGE PREGNANCY PREVENTION AWARENESS WEEK".

Ordered for consideration tomorrow.

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

S. 408 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELAY ITS DECISION ON THE CLOSING OF THE DRIVERS' LICENSE OFFICE IN THE CITY OF PAGELAND IN CHESTERFIELD COUNTY AND TO MEET WITH THE CHESTERFIELD COUNTY DELEGATION AND THE LOCAL MUNICIPAL OFFICIALS TO SEEK AN ALTERNATIVE SOLUTION.

Ordered for consideration tomorrow.

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

H. 3504 -- Reps. Stuart, Cromer and Gamble: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE THE NECESSARY FUNDING FOR THE IMPLEMENTATION OF A SERVICE WHICH CONGRESS MANDATES A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION TO PROVIDE AND TO RELIEVE AND EXEMPT A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ALL ENFORCEMENT OBLIGATIONS OR DUTIES IN SUCH SITUATIONS.

Ordered for consideration tomorrow.

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

H. 3542 -- Rep. Felder: A HOUSE RESOLUTION CONGRATULATING THE ORANGEBURG PREPARATORY SCHOOL FOOTBALL TEAM ON WINNING THE AAA SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION FOOTBALL CHAMPIONSHIP, AND TO ALLOW THE TEAM AND ITS COACH, MR. DON SHELLEY, THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 25, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the House of Representatives has learned that the Orangeburg Preparatory School Football Team has won the state AAA South Carolina Independent Schools Association football championship; and

Whereas, the team rose to the occasion by hard work and perseverance; and

Whereas, the team is truly outstanding and highly deserving of honor and recognition for all of its accomplishments. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, congratulates the Orangeburg Preparatory School football team and its coach on its outstanding accomplishments.

Be it further resolved that the team and its coach be granted the privilege of the floor of the House of Representatives on Thursday, February 25, 1993, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be forwarded to the Orangeburg Preparatory School football team and its coach.

The Resolution was adopted.

The Senate sent to the House the following:

S. 444 -- Senators Macaulay, O'Dell and Waldrep: A CONCURRENT RESOLUTION EXTENDING BEST WISHES FOR A SPEEDY RECOVERY TO OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY AND DEAR FRIEND, REPRESENTATIVE C.D. CHAMBLEE OF ANDERSON.

Whereas, we were greatly distressed to learn that our distinguished colleague in the General Assembly and dear friend, Representative C.D. Chamblee of Anderson, was recently taken ill and is in the Anderson County Hospital; and

Whereas, we are praying for his full recovery and offer our support and encouragement to him and his entire family; and

Whereas, we are confident he will be back with us in the State House soon, and, until then, we want him to know he remains uppermost in our thoughts. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, extend best wishes for a speedy recovery to our distinguished colleague in the General Assembly and dear friend, Representative C.D. Chamblee of Anderson.

Be it further resolved that a copy of this resolution be forwarded to the Honorable C.D. Chamblee.

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

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

H. 3543 -- Reps. Townsend and Stille: A HOUSE RESOLUTION CONGRATULATING VIOLA THOMPSON GRIFFIN FOR HER CONTRIBUTIONS TO PROFESSIONAL BASEBALL AND WOMEN'S SPORTS AND ALLOWING HER THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MARCH 2, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That Viola Thompson Griffin is congratulated for her contributions to professional baseball and women's sports.

Be it further resolved that Viola Thompson Griffin be granted the privilege of the floor of the House of Representatives on Tuesday, March 2, 1993, at a time to be determined by the Speaker.

The Resolution was adopted.

The Senate sent to the House the following:

S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON BYPASS AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.

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

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

H. 3544 -- Reps. Holt, Hallman, Breeland, Corning, Fulmer, Martin, Whipper, Jaskwhich, R. Smith, Shissias, Barber, J. Bailey, Harrell, R. Young, J. Brown, Harrison, Stille, Inabinett, Koon, Hines, Byrd, Keyserling, Worley, Richardson, Simrill and Moody-Lawrence: A BILL TO AMEND SECTION 12-27-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX, SO AS TO INCREASE THE PERCENT OF PROCEEDS TO BE REMITTED TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.

Referred to Committee on Ways and Means.

H. 3545 -- Reps. Moody-Lawrence, Simrill, Richardson, Hines, Sturkie, G. Brown, Breeland, Holt, M.O. Alexander, Kirsh, A. Young, Phillips, Walker, Kelley, Byrd, Stille, Whipper, Keyserling, Anderson, Inabinett, Koon, Hutson, D. Wilder, Witherspoon, Stuart and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO AUTHORIZE ANY EMPLOYEE OF THE STATE TO APPLY FOR A VACANCY IN A CLASSIFIED POSITION FOR WHICH THEY ARE QUALIFIED AND RECEIVE THE SALARY ADVERTISED FOR THE POSITION.

Referred to Committee on Labor, Commerce and Industry.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

H. 3547 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON NIGHT HUNTING, SO AS TO PROVIDE ADDITIONAL PENALTIES.

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

H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.

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

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

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

H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.

Referred to Committee on Education and Public Works.

H. 3551 -- Reps. Sharpe, Sturkie, Koon, Witherspoon, Riser and Wright: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-80 SO AS TO CREATE THE OFFENSE OF CRIMINAL ASSISTANCE TO SUICIDE, TO DEFINE THE OFFENSE, AND TO PROVIDE A PENALTY.

Referred to Committee on Judiciary.

H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

Referred to Committee on Judiciary.

H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

Referred to Committee on Judiciary.

S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.

Referred to Committee on Labor, Commerce and Industry.

S. 173 -- Senators Giese, Passailaigue, Courson, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Waldrep, Washington, Glover and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-115 SO AS TO REQUIRE THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE JOINT LEGISLATIVE COMMITTEE ON AGING TO ANNUALLY SPONSOR A "SENIOR HOUSING INSTITUTE" AND TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY AND THE GOVERNOR.

Referred to Committee on Ways and Means.

S. 200 -- Senators Hayes and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 375 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 376 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 420 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 41, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND TO PROVIDE FOR THE EFFECT OF SUCH NOTICE.

Referred to Committee on Labor, Commerce and Industry.

S. 421 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND CHAPTER 21, TITLE 38 OF THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NON-LIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.

Referred to Committee on Labor, Commerce and Industry.

S. 424 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 425 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO CONTRACT BIDS, AWARDS PERTAINING TO FIRE SPRINKLER CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE INTERN DEVELOPMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1588, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 438 -- Judiciary Committee: A BILL TO AMEND SECTION 14-1-215(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO REQUIRE THAT EXCEPT AS PROVIDED FOR RETIRED JUDGES, PRIOR TO ANY PERSON BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE, THAT PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE.

Referred to Committee on Judiciary.

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Byrd                   Canty
Carnell                Cato                   Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Haskins                Hines
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

I came in after the roll call and was present for the Session on Tuesday, February 23.

Ronald P. Townsend                Michael F. Jaskwhich
Roger M. Young                    Harry R. Askins
John G. Felder                    Joe E. Brown
Joseph T. McElveen, Jr.           Donald W. "Don" Beatty
B. Hicks Harwell                  Richard M. Quinn, Jr.
C. Alex Harvin, III               Juanita M. White
Stephen E. Gonzales

The SPEAKER granted Rep. CHAMBLEE a leave of absence for the week due to illness.

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

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

On motion of Rep. PHILLIPS, the House stood in silent prayer for former Congressman Ken Holland and wished him a speedy recovery from a heart attack.

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

H. 3495 -- Reps. Baxley and J. Harris: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO KEEP OPEN THE SATELLITE OFFICE FOR RENEWING DRIVER'S LICENSES AND REGISTRATIONS IN CHESTERFIELD COUNTY.

H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.

H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.

H. 3507 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1517, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3508 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO THE MODULAR BUILDINGS CONSTRUCTION ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Joint Resolution was read the third time, passed and, 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.

S. 172 -- Senators Giese, Passailaigue, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Greg Smith, Waldrep, Washington, Glover and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO ESTABLISH A TASK FORCE TO STUDY HOME EQUITY CONVERSION MORTGAGES AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

The following Bill was taken up.

H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. RHOAD moved to commit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

The following Bill was taken up.

H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Rep. KIRSH spoke against the Bill.

Rep. ELLIOTT objected to the Bill.

Rep. KIRSH continued speaking.

Reps. BAXLEY, WILLIAMS, KIRSH, SHARPE and WITHERSPOON objected to the Bill.

The following Bill was taken up.

H. 3099 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 47 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR MEMBERS OF THE SOUTH CAROLINA STATE GUARD, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Rep. ELLIOTT objected to the Bill.

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

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

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR VEHICLE SUBLEASING AND LOAN ASSUMPTION BROKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1524, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3511 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAND RESOURCES CONSERVATION COMMISSION, RELATING TO AMENDMENTS TO THE DAMS AND RESERVOIRS SAFETY ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1581, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILKES explained the Joint Resolution.

H. 3512 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: LEAD-ACID BATTERIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1598, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3513 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMIT CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1599, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3514 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WHITE GOODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1600, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 3528 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRADE AND INDUSTRIAL EDUCATION TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1579, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WRIGHT explained the Joint Resolution.

The following Joint Resolution was taken up.

H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WRIGHT explained the Joint Resolution.

Rep. McTEER moved to adjourn debate upon the Joint Resolution until Wednesday, February 24, which was adopted.

Rep. HODGES moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

Upon the withdrawal of objections by Reps. FULMER, HARRELL and HALLMAN, the following Joint Resolution was taken up.

S. 378 -- Senators Rankin, Elliott and Greg Smith: A JOINT RESOLUTION TO PROVIDE FOR MAKING UP AN EDUCATION FINANCE ACT ALLOCATION UNDERPAYMENT TO A SCHOOL DISTRICT RESULTING FROM AN ERROR IN THE PREPARATION OF THE DISTRICT'S INDEX OF TAXPAYING ABILITY FOR SCHOOL YEAR 1992-93, TO REQUIRE THE UNDERPAYMENT TO BE MADE UP IN EFA DISTRIBUTIONS TO THE DISTRICT OVER THE SUCCEEDING TWO SCHOOL YEARS, TO PROVIDE FOR EFA ALLOTMENT CALCULATIONS DURING THE PAYBACK PERIOD, AND TO REQUIRE THE UNDERPAYMENT TO EXCEED TEN PERCENT FOR THE DISTRICT TO BE ELIGIBLE FOR THE MAKEUP PAYMENT.

Rep. LITTLEJOHN moved to adjourn debate upon the Joint Resolution until Tuesday, March 2, which was adopted.

The motion of Rep. QUINN to reconsider the vote whereby the following Bill was rejected was taken up.

S. 343 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-23 SO AS TO PROVIDE THAT IN AN ASSESSMENT APPEAL OF MANUFACTURING PROPERTY WHEN THE AMOUNT IN DISPUTE EXCEEDS THIRTY PERCENT OF A SCHOOL DISTRICT'S ASSESSED VALUE AND THE APPEAL EXTENDS FOR MORE THAN TWO YEARS, THE INDEX OF TAXPAYING ABILITY FOR THE DISTRICT MUST BE COMPUTED USING THE VALUE ASSERTED BY THE TAXPAYER IN THE APPEAL.

Rep. QUINN moved to adjourn debate upon the motion to reconsider until Tuesday, March 2, which was adopted.

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

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

H. 3554 -- Reps. Klauber, Felder, Gonzales, Harrison, Wright, Sturkie, Tucker and Stille: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JURISDICTION IN MATTERS RELATING TO OFFENSES COMMITTED BY JUVENILES, SO AS TO PROVIDE THAT A PETITION MAY BE FILED TO TRANSFER FROM FAMILY TO GENERAL SESSIONS COURT THE CASE OF A JUVENILE ALLEGED TO HAVE COMMITTED THE OFFENSE OF ASSAULT AND BATTERY WITH INTENT TO KILL.

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

Rep. BEATTY objected.

Referred to Committee on Judiciary.

H. 3555 -- Reps. Wilkins, Kirsh, Rogers, Quinn, Gonzales, Huff, Wells, Barber, Jennings, Carnell, Harwell, Harrison, Corning, Davenport, Waldrop, T.C. Alexander, Keyserling, D. Smith, J. Wilder, Wright, Harrell, Cromer, Phillips, D. Wilder, Graham and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

The following was introduced:

H. 3556 -- Reps. J. Brown, Williams, Breeland, Anderson, McMahand, Beatty, Moody-Lawrence, Canty, Hines, Cobb-Hunter, Neal, Byrd, Scott, Govan, Kennedy, Whipper, Inabinett and White: A CONCURRENT RESOLUTION SALUTING DR. COLLIE COLEMAN, PRESIDENT OF ALLEN UNIVERSITY IN COLUMBIA, FOR HIS SUPERB AND TIRELESS EFFORTS TO ESTABLISH ALLEN UNIVERSITY AMONG THE PREMIER LEADERS IN HIGHER EDUCATION IN THE PALMETTO STATE.

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

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

At 12:45 P.M. the House in accordance with the motion of Rep. ELLIOTT adjourned in memory of Mr. Ted Lane, to meet at 11:00 A.M. tomorrow.

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