South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, MARCH 30, 1993

Tuesday, March 30, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon. Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Gracious God, standing in the thicket of challenges of many sorts, we bow our heads to listen in reverence to distant bells assuring us that You are near. In an unwavering faith, may we see You beyond the shadows. And in this faith, enable us to plan and perform on sure foundations. Measure us for the greatness of our tasks that, like our forefathers, we may be strong and unafraid. May the sacred temples of our inner lives harbor nothing unworthy of our high calling. Make the thoughts of our minds, the motives shaping our actions, even the meditations of our hearts be pleasing and acceptable to our Heavenly Father. Lord, in Your mercy hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Michael Stephen Spratt, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 1630
Promulgated By The Department of Consumer Affairs
Physical Fitness Services Centers Certificate of Authority
Received By Speaker March 25, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 1, 1994

Document No. 1628
Promulgated By The Department of Consumer Affairs
Mortgage Loan Broker Certificate of Registration
Received By Speaker March 25, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 1, 1994

Document No. 1629
Promulgated By The Department of Consumer Affairs
Rental-Purchase Businesses
Received By Speaker March 25, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 1, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1526
Promulgated By Residential Builders Commission
Replace existing regulations
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted March 29, 1993
Revised Expiration Date May 27, 1993

H. 3010--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., March 25, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3010:
H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.
and asks for a Committee of Conference and has appointed Senators Setzler, Leatherman and Matthews of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 146

Whereupon, the Chair appointed Reps. CARNELL, FELDER and BOAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. HARVIN, from the Clarendon Delegation, submitted a favorable report, on:

H. 3770 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR CERTAIN PRECINCTS AND PROVIDE THAT POLLING PLACES MUST BE DETERMINED BY THE CLARENDON COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION.
te accordingly.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3783 -- Reps. Martin, Worley, Keegan, Kelley and Witherspoon: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA, UNTIL BETTER ACCESS CAN BE PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.

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

INTRODUCTION OF BILLS

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

H. 3784 -- Reps. Cobb-Hunter, Rogers, Beatty, Waites, Scott, Keyserling and Stille: A BILL TO AMEND SECTION 31-13-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT THERE MUST BE ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT AND ONE COMMISSIONER AT-LARGE AND TO PROVIDE FOR REPRESENTATIVES FROM CERTAIN INDUSTRIES AND PROGRAMS; AND TO AMEND SECTION 31-13-50, AS AMENDED, RELATING TO THE POWERS OF THE AUTHORITY, SO AS TO PROVIDE THAT THERE MUST BE AN EMPHASIS ON DEVELOPMENT OF LOWER SOCIO-ECONOMIC HOUSING.

Referred to Committee on Labor, Commerce and Industry.

H. 3785 -- Reps. Baxley, G. Brown, Sharpe, Rhoad, Snow, Witherspoon, Riser, Martin and Waldrop: A BILL TO AMEND SECTIONS 28-2-60 AND 28-2-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTION UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE FOR THE CONDEMNOR TO HAVE THE BURDEN OF PROOF TO SHOW THE CONDEMNATION IS REASONABLE FOR THE PUBLIC PURPOSE TO BE SERVED AND THE PRIVATE PROPERTY TO BE ALTERED OR DESTROYED; AND TO AMEND SECTION 28-2-320, RELATING TO APPEALS FROM DETERMINATIONS BY THE APPRAISAL PANEL UNDER THE ACT, SO AS TO REQUIRE THE CONDEMNOR TO HAVE THE BURDEN OF PROOF IF THE LANDOWNER AND THE CONDEMNOR APPEAL.

Referred to Committee on Judiciary.

H. 3786 -- Reps. Simrill, Harrelson, G. Brown, R. Smith, G. Bailey, Neilson, Hines, Phillips, Davenport, Walker, Shissias, Littlejohn, Allison, Wofford, Stone, Stuart, Meacham, Robinson, Trotter, White, Wright, Neal, McTeer, Thomas, Quinn, Hutson, Corning, Harrell, D. Wilder and Gonzales: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3787 -- Rep. Walker: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.

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

H. 3788 -- Rep. Phillips: A BILL TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.

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

H. 3789 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-133 SO AS TO PROVIDE FOR AN ARCHERY HUNTING LICENSE AND PENALTIES.

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

H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.

Referred to Committee on Education and Public Works.

H. 3791 -- Rep. Shissias: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT APPLICATION OF CHILD SUPPORT GUIDELINES ARE CONSIDERED A CHANGE OF CIRCUMSTANCES FOR THE MODIFICATION OF AN EXISTING ORDER.

Referred to Committee on Judiciary.

H. 3792 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

Referred to Committee on Judiciary.

H. 3793 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT AND BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.

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

H. 3797 -- Reps. J. Wilder and Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ALLENDALE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.

Referred to Committee on Judiciary.

S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.

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

S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

S. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.

Referred to Committee on Labor, Commerce and Industry.

HOUSE RESOLUTION

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

H. 3794 -- Rep. Snow: A HOUSE RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL GIRLS BASKETBALL TEAM ON WINNING THE STATE AA CHAMPIONSHIP AND GRANT THE TEAM AND COACHES THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 15, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the Hemingway High School State AA Champions Girls Basketball Team is granted the privilege of the floor of the House of Representatives on Thursday, April 15, 1993, at a time to be determined by the Speaker.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3795 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE NORTH HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1992-93 CLASS A STATE CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM SHALL BE RECOGNIZED IN THE HALL OF THE HOUSE ON THURSDAY, APRIL 15, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the General Assembly were very pleased to learn that the North High School boys basketball team defeated a fine Great Falls team 64-52 to win the 1992-93 State Class A championship; and

Whereas, this was a very fitting victory because the Eagles had come so close to winning the state title the previous two years; and

Whereas, the Eagles were led throughout the year by Coach Anthony Ross who without question is one of the finest boys basketball coaches in South Carolina; and

Whereas, the accomplishments of the North High School team this season both on and off the court have brought deserved recognition and credit not only upon the members of the team and their school but upon their community and county as well; and

Whereas, the members of the General Assembly, by this resolution, would like to congratulate this fine group of young men and their coaches upon the occasion of their winning the state championship. Now, therefore,

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

That the members of the General Assembly hereby extend their congratulations to the North High School boys basketball team for winning the 1992-93 Class A state championship.

Be it further resolved that the North High School team and their coaches shall be recognized in the Hall of the House on Thursday, April 15, 1993, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be forwarded to Coach Anthony Ross and the principal of North High School.

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

HOUSE RESOLUTION

The following was introduced:

H. 3796 -- Rep. Wilkes: A HOUSE RESOLUTION TO AMEND RULE 4.13, RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO INVITATIONS, SO AS TO PROVIDE THAT WHEN THE HOUSE ACCEPTS AN INVITATION TO A FUNCTION AND IS IN SESSION AT THE TIME THE FUNCTION IS HELD, IT SHALL RECEDE FOR AT LEAST ONE HOUR TO ATTEND THE FUNCTION.

The Resolution was ordered referred to the Committee on Rules.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 30.

Lindsey O. Graham                 Dell Baker
Michael F. Jaskwhich              Dewitt Williams
John G. Felder                    Donald W. Beatty
Paula H. Thomas                   Ralph W. Canty
C. Lenoir Sturkie                 Joseph T. McElveen, Jr.
James H. Harrison                 E.B. McLeod, Jr.
B. Hicks Harwell
Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a leave of absence for today and tomorrow.

STATEMENT OF ATTENDANCE

Rep. WILKES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 25.

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas E. Gibbons of Mt. Pleasant is the Doctor of the Day for the General Assembly.

H. 3371--OBJECTIONS

The following Bill was taken up.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

Rep. CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10229DW.93).

Amend the bill, as and if amended, page 2, line 8, by striking /, one from each congressional district,/

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. RUDNICK objected to the Bill.

H. 3743--CONTINUED

The following Bill was taken up.

H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.

Rep. A. YOUNG moved to continue the Bill, which was agreed to.

H. 3790--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.

OBJECTION TO RECALL

Rep. RHOAD asked unanimous consent to recall S. 514 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WAITES objected.

H. 3200--DEBATE ADJOURNED

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

H. 3200 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

Rep. CLYBORNE moved to adjourn debate upon the Senate amendments until Tuesday, April 6.

Rep. BAXLEY moved to table the motion, which was not agreed to by a division vote of 34 to 59.

The question then recurred to the motion to adjourn debate until Tuesday, April 6, which was agreed to.

H. 3643--ADOPTED

The following House Resolution was taken up.

H. 3643 -- Reps. Keyserling, Richardson, Cato, Clyborne, Vaughn, Barber, Hutson, D. Smith, Thomas, Snow, Simrill, Scott, Corning, Quinn, Hallman, Breeland, Inabinett, Rogers, Townsend, Shissias, Stille, Byrd, Holt, P. Harris, Harrison, Wilkins, Law, Robinson, Haskins, Huff, Walker, Littlejohn, Allison, Graham, J. Bailey, Wells, Trotter, Davenport, Baker, Witherspoon, Lanford, Harrell and J. Brown: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM ANY DEVELOPMENT OF THE SAVANNAH RIVER SITE AS A TEMPORARY STORAGE SITE FOR SPENT NUCLEAR FUEL RODS FROM OTHER STATES.

Whereas, in 1982, Congress enacted the Nuclear Waste Policy Act governing the storage and disposal of the nation's commercial spent nuclear fuel rods and high-level nuclear waste from the production of nuclear weapons; and

Whereas, Congress' original goal of having a permanent repository for high-level nuclear waste in place by l998 clearly will not be met and now the new target date of 20l0 is in question; and

Whereas, until a permanent repository is sited and operational, the Department of Energy is seeking temporary storage sites for this high-level waste;
and

Whereas, dry cask storage technology allows high-level waste to be stored where it is generated and thus precludes the need for any monitored retrievable storage; and

Whereas, monitored retrievable storage requires unnecessary transport of high-level nuclear waste; and

Whereas, the Nuclear Waste Policy Act directed the Department of Energy to complete a study of the need for and feasibility of a monitored retrievable storage (MRS) facility for spent fuel from nuclear power plants and to submit to Congress a proposal for the construction of one or more MRS facilities; and

Whereas, the Department of Energy selected Oak Ridge, Tennessee, as a MRS site but subsequently Congress specifically directed the Department of Energy not to site the MRS in Tennessee; and

Whereas, the chemical separation process conducted at the Savannah River Site (SRS) to extract uranium and plutonium from irradiated reactor fuel and targets, which began forty years ago, has already resulted in the storage of thirty-three million gallons of highly radioactive liquid waste in South Carolina which originally was to remain in South Carolina for only ten years causing a serious environmental hazard; and

Whereas, the dedicated citizens of South Carolina have struggled to keep South Carolina from being a further dumping ground for other states' waste; and

Whereas, the Governor of South Carolina in his l993 State of the State Address firmly stated that the Savannah River Site must not be an option for the siting of a temporary storage facility for high-level waste. Now, therefore,

Be it resolved by the House of Representatives:

That by this resolution, the House of Representatives of the State of South Carolina respectfully memorializes the Congress of the United States to support South Carolina's effort to defeat any movement to store high-level nuclear waste from all over the United States in a temporary monitored retrievable storage facility at the Savannah River Site.

Be it further resolved that copies of this resolution be forwarded to the South Carolina Congressional Delegation, to the Clerk of the United States House of Representatives, to the President of the United States Senate, and to the Secretary of the Department of Energy.

Rep. SHARPE moved to recommit the House Resolution.

Rep. RICHARDSON moved to table the motion, which was agreed to by a division vote of 47 to 34.

Rep. HUFF moved to adjourn debate upon the Resolution until Thursday, June 3.

Rep. CORNING moved to table the motion.

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

Yeas 70; Nays 34

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Carnell                Cobb-Hunter            Corning
Cromer                 Delleney               Farr
Fulmer                 Gonzales               Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harvin                 Hines
Hodges                 Houck                  Inabinett
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Law                    Martin                 Mattos
McCraw                 McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Rogers                 Scott
Sheheen                Shissias               Simrill
Spearman               Stille                 Stoddard
Stuart                 Waites                 Waldrop
Whipper                White                  Wilder, D.
Wilkes                 Wofford                Wright
Young, A.

Total--70

Those who voted in the negative are:

Alexander, M.O.        Allison                Askins
Baker                  Cato                   Chamblee
Clyborne               Cooper                 Elliott
Fair                   Felder                 Gamble
Haskins                Huff                   Hutson
Jaskwhich              Koon                   Lanford
Littlejohn             Marchbanks             Robinson
Rudnick                Sharpe                 Smith, D.
Smith, R.              Snow                   Stone
Trotter                Vaughn                 Walker
Wells                  Wilder, J.             Witherspoon
Worley

Total--34

So, the motion to adjourn debate was tabled.

Rep. J. WILDER spoke against the Resolution and moved to table the Resolution.

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

Yeas 29; Nays 78

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Askins
Carnell                Cooper                 Davenport
Fair                   Felder                 Fulmer
Gamble                 Holt                   Huff
Koon                   McKay                  McMahand
Rhoad                  Riser                  Robinson
Rudnick                Sharpe                 Smith, R.
Snow                   Stoddard               Stone
Stuart                 Wilder, J.             Witherspoon
Wright                 Young, R.

Total--29

Those who voted in the negative are:

Alexander, T.C.        Anderson               Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, H.              Brown, J.
Byrd                   Canty                  Cato
Chamblee               Cobb-Hunter            Corning
Cromer                 Delleney               Elliott
Gonzales               Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harvin                 Haskins
Hines                  Hodges                 Houck
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kirsh
Klauber                Lanford                Law
Littlejohn             Martin                 Mattos
McCraw                 McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Quinn                  Richardson             Rogers
Scott                  Sheheen                Shissias
Simrill                Smith, D.              Spearman
Stille                 Thomas                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                White
Wilder, D.             Wilkes                 Wilkins
Wofford                Worley                 Young, A.

Total--78

So, the House refused to table the Resolution.

Rep. HOLT spoke against the Resolution.

The question then recurred to the adoption of the Resolution.

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

Yeas 68; Nays 36

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, J.              Byrd
Canty                  Cato                   Chamblee
Clyborne               Cobb-Hunter            Corning
Cromer                 Delleney               Elliott
Gonzales               Hallman                Harrell
Harrelson              Harris, J.             Harvin
Haskins                Hines                  Hodges
Houck                  Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Lanford                Littlejohn             Mattos
McCraw                 McElveen               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Quinn                  Richardson
Robinson               Rogers                 Scott
Sheheen                Shissias               Simrill
Smith, D.              Spearman               Stille
Thomas                 Waites                 Waldrop
Walker                 Whipper                Wilkes
Wilkins                Worley

Total--68

Those who voted in the negative are:

Alexander, M.O.        Askins                 Bailey, G.
Brown, H.              Carnell                Fair
Felder                 Fulmer                 Gamble
Harris, P.             Holt                   Huff
Hutson                 Koon                   Law
Marchbanks             McAbee                 McKay
McMahand               Rhoad                  Riser
Rudnick                Sharpe                 Smith, R.
Snow                   Stoddard               Stone
Stuart                 Vaughn                 Wilder, D.
Wilder, J.             Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--36

So, the Resolution was adopted.

H.3643--RECORD FOR VOTING

Regarding House Resolution 3643 which I cosponsored, I would like to note that I voted against the Resolution only to avoid sending the wrong signal regarding the importance of the continued presence of the Naval Facilities in Charleston and the ready access for storage of spent nuclear fuel rods from the nuclear ships serviced there at the Savannah River Site.

Rep. HEYWARD G. HUTSON

H. 3626--AMENDED, ADOPTED, AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3626 -- Reps. Cromer, McAbee and J. Brown: A CONCURRENT RESOLUTION DIRECTING THE STATE HOUSE TOUR SERVICE TO ALLOW STATE HOUSE TOURS DURING THE LEGISLATIVE SESSION FOR ALL GROUPS WITHOUT RESPECT TO AGE.

Amend Title To Conform

Whereas, the members of the General Assembly note that the State House Tour Service is enforcing a new policy that prohibits tours during the legislative session by groups below the age of first graders; and

Whereas, the members of the General Assembly are aware of the need to comply with the appropriate safety codes applicable to the State House but nevertheless believe that suitable arrangements can be made that do not require prohibition of tour groups below a certain age during the legislative session. Now, therefore,

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

That the members of the General Assembly, by this resolution, direct the State House Tour Service to allow State House tours during the legislative session to all groups without respect to age on days when tours are offered.

Be it further resolved that a copy of this resolution be forwarded to the Director of the Department of Parks, Recreation and Tourism.

Reps. CROMER and McABEE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5695HC.93), which was adopted.

Amend the resolution, as and if amended, page 1, by striking the period on line 35 and inserting : /on days when tours are offered./

Amend title to conform.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3795 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE NORTH HIGH SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1992-93 CLASS A STATE CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM SHALL BE RECOGNIZED IN THE HALL OF THE HOUSE ON THURSDAY, APRIL 15, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Michael Stephen Spratt, to meet at 10:00 A.M. tomorrow.

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