South Carolina General Assembly
106th Session, 1985-1986
Journal of the House of Representatives

THURSDAY, APRIL 10, 1986

Thursday, April 10, 1986
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We thank You, Heavenly Father, for these places of responsibility to which we have been called. Give us wisdom to understand Your Word, diligence to seek You, minds to meditate upon Your precepts, and lives to proclaim Your way. And if in the stress of daily duty we should forget You, do not forget us. May all that we do be well done, fit for Your eye to see. Give us enthusiasm to attempt worthwhile things and patience to see them through. Imprint indelibly upon our minds that there's a difference in asking the Lord to help us and expecting Him to do the whole job Himself.

Thank you, our God, for this privilege of prayer. Amen.

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

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

SPEAKER IN CHAIR
COMMUNICATION

The following was received.

OFFICE OF STATE TREASURER

TO:     Honorable Ramon Schwartz, Jr.

Representative, Sumter County
FROM:     Grady L. Patterson, Jr., State Treasurer
DATE:     April 8, 1986
RE:     Descending Statutory Debt Limitation

I am writing concerning the decreasing statutory debt limit that limits annual debt payments to 4% of the revenue of the latest completed fiscal year in 1986-87; 3 1/2% in 1987-88; 3% in 1988-89 and 2 1/2% in 1989-90. In my opinion, this limitation is unrealistic and unworkable.

The annual debt payments on the bonds we now have outstanding will be nudging the referenced statutory limits for the respective years.

In short, we will be able to issue a limited number of additional bonds, perhaps up to $40 Million next year and then no bonds the subsequent three years, based on what we know now.

I feel compelled to notify this honorable body that with the current descending debt limit, the use of capital improvement bonds as contemplated in H. 3283, the regular bond bill, and H. 3279, the prison bond bill, will not be available to meet the requirements of the Nelson Settlement and other commitments.

As you know, we have the debt limit in the Constitution of 5% which is adequate fiscal discipline to keep the State out of debt problems.

I can assure the General Assembly that we will not get into credit problems with debt within the 5% Constitutional limitation. As this honorable body knows, we have a continuing prioritization process and schedule for capital improvements which the Budget and Control Board, the Bond Review Committee, and General Assembly have accepted and follow.

As this calendar year moves along, the Budget and Control Board and the Bond Review Committee will release newly authorized projects to start up in accordance with the prioritization plan. The money for these projects that are permitted to start, based on previous prioritization schedules, will require a bond sale in the first half of calendar 1987 of approximately $70 Million to $85 Million.

The argument is made that some of this cash flow requirement will be met by use of the Capital Expenditure Fund. I would hasten to point out that this funding source is in jeopardy because the House has already adopted language allowing this Fund to be depleted to cover revenue shortfalls, and it has been suggested that this Fund be used to make loans to local governments for water and sewer projects.

In conclusion, the orderly, disciplined and measured procedure for the start up and the cash flow funding of capital projects which has been adopted, signed-off on and followed for many years, cannot continue under this descending statutory limitation on debt.

The Budget and Control Board and the Bond Review Committee must begin immediately denying the continuation and the start up of newly authorized projects under such limitation.

I, therefore, respectfully urge the repeal of the descending statutory limitation on debt be made a part of the bond bill now before the House.

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3473 -- Labor, Commerce and Industry Committee: A BILL TO CREATE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, AND TO PRESCRIBE ITS POWERS, DUTIES, AND FUNCTIONS.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways And Means, submitted a favorable report, on:

H. 3537 -- Reps. Felder and Lloyd Hendricks: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1987, TELEPHONE CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION ARE ALSO EXEMPT FROM THE SALES TAX.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways And Means, submitted a favorable report, on:

H. 3739 -- Rep. J. Bradley: A JOINT RESOLUTION TO AUTHORIZE THE CITADEL BOARD OF VISITORS ON BEHALF OF THE CITADEL TO PURCHASE CERTAIN PROPERTY IN CHARLESTON AT A COST OF TWO MILLION DOLLARS AND TO PROVIDE FOR THE MANNER IN WHICH FUNDS WILL BE OBTAINED AND REPAID CONCERNING THIS PURCHASE.

Ordered for consideration tomorrow.

Rep. MANGUM, from the Committee on Ways And Means, submitted a favorable report, on:

S. 304 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT THE STATE AND ITS COUNTIES, MUNICIPALITIES, AND THOSE OTHER POLITICAL SUBDIVISIONS AS THE GENERAL ASSEMBLY MAY PROVIDE, HAVE THE POWER TO LEVY AND COLLECT AD VALOREM TAXES, EXPEND GENERAL REVENUES, AND SUBJECT TO THE LIMITATIONS OF ARTICLE X INCUR GENERAL OBLIGATION DEBT FOR THE PURPOSES OF PROMOTING ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT, THE ECONOMIC DEVELOPMENT AND INDUSTRIAL DEVELOPMENT BEING DECLARED TO BE PUBLIC AND CORPORATE PURPOSES OF THE STATE AND ITS POLITICAL SUBDIVISIONS FOR ALL THE RESIDENTS OF THE STATE OR THE POLITICAL SUBDIVISION UNDERTAKING THE ACTIVITY AND THESE ACTIVITIES UNDERTAKEN BY COUNTIES NOT BEING CONSIDERED TO BENEFIT ONLY A PARTICULAR GEOGRAPHICAL SECTION OF THE COUNTY SUBJECT TO THE REQUIREMENTS OF SECTION 12 OF ARTICLE X.

Ordered for consideration tomorrow.

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

S. 1193 -- Senator Waddell: A JOINT RESOLUTION TO REQUIRE THAT THE VALUE OF AGRICULTURAL REAL PROPERTY FOR TAXABLE YEAR 1986 BE DETERMINED BY USING SOUTH CAROLINA TAX COMMISSION GUIDELINES USED IN 1985 FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL USE AND TO REQUIRE THE TAX STUDY COMMISSION TO CONDUCT A REVIEW OF ALL AGRICULTURAL LAND USE AND VALUATION REGULATIONS AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1987.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3795 -- Reps. McTeer, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, Lloyd Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE WILLIAM L. RHODES, JR., OF HAMPTON COUNTY AND EXTENDING SYMPATHY TO THE MEMBERS OF HIS FAMILY.

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

SILENT PRAYER

On motion of Rep. SCHWARTZ, with unanimous consent, the House stood in silent prayer in memory of Judge W.L. Rhodes, Jr.

CONCURRENT RESOLUTION

Rep. S. ANDERSON asked unanimous consent to take up the following Resolution for immediate consideration.

Rep. T.M. BURRISS objected.

H. 3796 -- Reps. S. Anderson, Davenport, Ferguson, Lake and Petty: A CONCURRENT RESOLUTION TO EXPRESS THE SENTIMENT OF THE GENERAL ASSEMBLY THAT THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION HONOR A WRITTEN COMMITMENT MADE TO LOCAL SPARTANBURG OFFICIALS REGARDING THE RELOCATION OF A PORTION OF I-85 IN SPARTANBURG AND TO REQUEST THE DEPARTMENT TO FURNISH THE SPARTANBURG LEGISLATIVE DELEGATION WITHIN NINETY DAYS OF THE ADOPTION OF THIS RESOLUTION A WRITTEN REPORT AS TO ITS PLANS TO UPDATE THIS PROJECT TO HONOR THIS COMMITMENT.

Rep. S. ANDERSON explained the Resolution.

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

STATEMENT BY REP. HARVIN

On motion of Rep. KLAPMAN, with unanimous consent, Rep. Harvin's remarks were ordered printed in the Journal as follows:

Ladies and gentlemen of the House, only a few short days ago one of the dearest friends that I have ever had in my life, Representative Charlie Griffin, announced that he would not be seeking reelection to this body. During his eleven year tenure here in the General Assembly, Charlie has won the hearts of not only the citizens that he represents in Sumter and Clarendon Counties, but also of his peers and the Staff here at the State House.

Charlie has been elected and reelected to this body six consecutive times by his constituents and could never be defeated in his District. His reason for not running again is that his young boys, Keith and Kirk, are now reaching their teenage years. Charlie has served here since their birth and now would like to have more time to spend with his sons as they grow into manhood. This, ladies and gentlemen, I think says more about Charlie Griffin than anything else that I could tell you.

Charlie began his career here after serving as Mayor of Pinewood, the youngest Mayor in the State of South Carolina, upon his election. He came to this body in a special election following the untimely death of the late Honorable R.J. Aycock of Sumter, who many of you remember as the Chairman of the Ways and Means Committee. He has served and worked here diligently on behalf of his constituents and in the best interest of the people of South Carolina. During his tenure, Charlie has worked and put himself through Law School and has become one of the best known and well-respected attorneys in this state. I have never known a finer, harder working, more dedicated or more loved member to serve in this body during my decade of service here. Charlie has been like a brother to me. I will miss him and know that he can never be replaced here or in the hearts of the constituents who have entrusted him with their legislative duties or in the hearts of his colleagues here who have learned to love him and admire him as one of our state's greatest young leaders.

I will then ask the Reading Clerk of the House to read this Resolution in its entirety, chronicling the public service of Representative Griffin, at which time I will ask you to join me in standing and applauding, Charlie Griffin, one of the finest members to ever serve in the South Carolina General Assembly.

CONCURRENT RESOLUTION

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

H. 3797 -- Reps. Harvin, Schwartz, Blanding, G. Brown and W. Arthur: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 261 BETWEEN HIGHWAY 76/378 IN SUMTER COUNTY AND PAXVILLE IN CLARENDON COUNTY THE "CHARLES L. GRIFFIN HIGHWAY".

Whereas, the Honorable Charles L. Griffin, III, our distinguished colleague and very good friend, has excellently represented the people of Sumter and Clarendon counties in the House of Representatives since 1975; and

Whereas, he has been City Judge in Pinewood and is a distinguished attorney; and

Whereas, he has been an active supporter of forestry and senior member of the Joint Legislative Forestry Study Committee; and

Whereas, he has been a strong supporter of agriculture and is a former member of the Agriculture Committee; and

Whereas, he is a ranking member of the powerful House Judiciary Committee; and

Whereas, he has served as chairman of the Sumter County Legislative Delegation; and

Whereas, he has been president of his local Democratic precinct; and

Whereas, he served as Mayor of Pinewood from 1972 to 1974, was the youngest mayor in South Carolina upon his election, and received statewide recognition in that post; and

Whereas, he has been an outstanding and dedicated public servant and has attained the respect and admiration of his colleagues in the General Assembly and of the citizens of the entire State of South Carolina; and

Whereas, the General Assembly believes that Charlie Griffin's abilities and his dedication should be recognized and remembered in a definite form. 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, requests the Department of Highways and Public Transportation to name that portion of Highway 261 between its intersection with Highway 76/378 in Sumter County and Paxville in Clarendon County the "Charles L. Griffin Highway".

Be it further resolved that the Department of Highways and Public Transportation is requested to hold a ceremony officially naming the highway and to erect appropriate markers with the following inscription: "Charles L. Griffin Highway".

Be it further resolved that a copy of this resolution be forwarded to the Chief Commissioner of the Department of Highways and Public Transportation.

Rep. HARVIN explained the Resolution.

Rep. GRIFFIN made a statement relative to the Resolution.

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

INTRODUCTION OF BILLS

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

H. 3775 -- Rep. Snow: A BILL TO AMEND SECTION 1-11-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD TO CHARGE A FEE TO APPLICANTS FOR PERMITS FOR CONSTRUCTION, DREDGING, OR OTHER ACTIVITY IN NAVIGABLE WATERS OF THIS STATE, SO AS TO INCREASE THE FEE FOR THESE PERMITS, PROVIDE FOR THE ENFORCEMENT OF THESE PROVISIONS, AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Ways and Means.

H. 3776 -- Rep. Kirsh: A BILL TO AMEND ACT 405 OF 1980, AS AMENDED, RELATING TO THE TAX YEAR FOR MOTOR VEHICLES, SO AS TO PROVIDE FOR THE ISSUANCE OF ONE LIMITED DECAL FOR A MOTOR VEHICLE LICENSE WITHOUT PAYMENT OF TAXES AND ANOTHER AFTER TAXES ARE PAID UNTIL THE END OF THE REGISTRATION PERIOD.

Referred to Committee on Education and Public Works.

H. 3777 -- Reps. Rawl and P. Harris: A BILL TO AMEND ACT 76 OF 1977, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE HOUSING AUTHORITY ACT OF 1977, SO AS TO PROVIDE THAT BENEFICIARIES OF THE ACT SHALL INCLUDE ELDERLY PERSONS AND FAMILIES, AND HANDICAPPED PERSONS; TO AUTHORIZE TENANCIES IN RENTAL PROJECTS BY PERSONS WITH INCOMES IN EXCESS OF LIMITS IMPOSED ON LOW OR MODERATE TO LOW INCOME BENEFICIARIES IN LIMITED CIRCUMSTANCES; AND TO MODIFY BOND OR NOTE REQUIREMENTS.

Referred to Committee on Labor, Commerce and Industry.

H. 3778 -- Reps. Lockemy, Kay, Cooper, Carnell, P. Harris, Townsend, Tucker and Washington: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS, SO AS TO PROVIDE THAT IF ANY OPENING OR CLOSING DATE FOR ENTRIES FOR NOMINATION IN AN ELECTION FALLS ON SUNDAY, THE DATE CHANGES TO THE PRECEDING SATURDAY.

Referred to Committee on Judiciary.

H. 3779 -- Rep. Hawkins: A BILL TO AMEND SECTION 44-7-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE REVIEW OF DECISIONS AS TO CERTIFICATES OF NEED BY THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO MAKE DECISIONS AS TO THE CERTIFICATES INSTEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

H. 3780 -- Rep. L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-23-55 SO AS TO ALLOW A POLITICAL SUBDIVISION TO PURCHASE A VARIABLE OR FIXED RATE ANNUITY FROM AN INSURANCE COMPANY LICENSED TO DO BUSINESS IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3781 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROVIDE FOR THE INVESTIGATION AND REPORT OF BELOW COST SALES OF MOTOR VEHICLE FUEL AND TO AUTHORIZE THE ASSESSMENT OF INVESTIGATION FEES.

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

Rep. L. MARTIN objected.

Referred to Committee on Labor, Commerce and Industry.

H. 3782 -- Reps. Toal, Hawkins, McKay, Gregory, Rawl, Kohn, Ogburn, Carnell, L. Martin, Barfield, Day, B.L. Hendricks, Blackwell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 35 OF TITLE 38 SO AS TO AUTHORIZE COMPETITIVE HEALTH CARE PROGRAMS, PLANS, OR CONTRACTS.

Referred to Committee on Labor, Commerce and Industry.

H. 3783 -- Rep. T. Rogers: A BILL TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION SHALL REGULATE LIQUEFIED PETROLEUM GASES ON AN INTRASTATE BASIS.

Referred to Committee on Labor, Commerce and Industry.

H. 3784 -- Rep. Hearn: A BILL TO AMEND SECTION 40-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF ARCHITECTS, SO AS TO MODIFY DATES AND TO REQUIRE A PROFESSIONAL DEGREE AND THREE YEARS EXPERIENCE ON THE EMPLOY OF A PRACTICING ARCHITECT FOR CANDIDATES FOR THE LICENSE EXAMINATION, TO PERMIT PERSONS INTENDING TO QUALIFY AS CANDIDATES FOR EXAMINATION BY MEETING THE EIGHT YEARS EMPLOYMENT REQUIREMENT UNDER PRIOR LAW TO REMAIN ELIGIBLE BY FILING A WRITTEN NOTICE OF INTENT; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE REGISTRATION RENEWAL FEE FOR ARCHITECTS, SO AS TO INCREASE LATE PAYMENT FINES; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF AN ARCHITECT'S CERTIFICATE, SO AS TO PROVIDE THIRTY DAYS' NOTICE OF A HEARING; TO AMEND SECTION 40-3-160, AS AMENDED, RELATING TO ACTIVITIES NOT PROHIBITED BY THE ARCHITECT'S REGISTRATION LAW, SO AS TO MODIFY THE ACTIVITIES,AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE LOCAL OFFICIALS WHO ISSUE BUILDING PERMITS TO REFUSE TO ISSUE PERMITSFOR NONCONFORMING STRUCTURES.

Referred to Committee on Labor, Commerce and Industry.

H. 3785 -- Reps. Dangerfield, Aydlette, J. Bradley, Foxworth, Holt, Kohn, D. Martin, Rawl, Washington and Winstead: A BILL TO AMEND SECTIONS 6-25-20 AND 6-25-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "COST", OR "COST OF A PROJECT", CHANGE THE DEFINITION OF "MUNICIPALITY" AND "MEMBER OF A JOINT SYSTEM", TO PROVIDE ADDITIONAL POWERS FOR JOINT MUNICIPAL WATER SYSTEMS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 6-25-111, 6-25-112, 6-25-113, 6-25-114, 6-25-125, 6-25-126, 6-25-127, 6-25-128, 6-25-145, AND 6-25-155, SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR JOINT MUNICIPAL WATER SYSTEMS.

Referred to Committee on Judiciary.

H. 3786 -- Reps. Helmly, Lockemy and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 7 OF TITLE 44 SO AS TO ENACT THE "NURSING HOME LICENSING ACT OF 1986"; TO AMEND SECTION 44-7-130, RELATING TO THE STATE HOSPITAL CONSTRUCTION AND FRANCHISING ACT, SO AS TO SUBSTITUTE NURSING HOMES FOR NURSING CARE AND INTERMEDIATE FACILITIES WITHIN THE DEFINITIONS OF "HOSPITAL" AND "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-320, RELATING TO THE FRANCHISING APPLICATION REQUIRED BY A HEALTH CARE FACILITY, SO AS TO PROVIDE THAT IF A CERTIFICATE OF NEED HAS BEEN ISSUED WITH SPECIAL CONDITIONS OR RESTRICTIONS ATTACHED, THE DEPARTMENT MAY REMOVE THESE CONDITIONS OR RESTRICTIONS WITHOUT REQUIRING A NEW FRANCHISING APPLICATION.

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

H. 3787 -- Reps. Helmly, Lockemy and Cooper: A BILL TO AMEND CHAPTER 21 OF TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON AGING, BY ADDING SECTIONS 43-21-130 AND 43-21-140 SO AS TO CREATE THE LONG TERM CARE COUNCIL AND PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES.

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

H. 3788 -- Reps. Helmly, Lockemy and Cooper: A BILL TO AMEND CHAPTER 6 OF TITLE 44 of THE 1976 CODE, RELATING TO THE STATE HEALTH & HUMAN SERVICES FINANCE COMMISSION, BY ADDING SECTIONS 44-6-310 AND 44-6-320 SO AS TO DIRECT THE COMMISSION TO IMPLEMENT CERTAIN CHANGES IN THE STATE MEDICAID PROGRAM, TO PREVENT DISCRIMINATION AGAINST MEDICAID PATIENTS, AND TO REQUIRE THE COMMISSION TO STUDY THE EFFECTS OF IMPLEMENTING CERTAIN OTHER CHANGES IN THE MEDICAID PROGRAM.

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

H. 3789 -- Reps. Helmly, Lockemy and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-150 SO AS TO REQUIRE THE COMMISSION ON AGING, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL AND THE DEPARTMENT OF INSURANCE, TO DEVELOP AND IMPLEMENT A PROGRAM TO EDUCATE CITIZENS CONCERNING THE AVAILABILITY OF LONG TERM CARE SERVICES, THE LIFETIME RISK OF SPENDING TIME IN A NURSING HOME, AND THE COVERAGE AVAILABLE FOR LONG TERM CARE SERVICES THROUGH MEDICARE, MEDICAID, AND PRIVATE INSURANCE POLICIES, AND THE LIMITATIONS OF THIS COVERAGE, AND THE AVAILABILITY OF HOME EQUITY CONVERSION ALTERNATIVES; TO REQUIRE THE COMMISSION ON AGING TO STUDY THE COSTS AND BENEFITS OF ESTABLISHING A STATEWIDE COMPUTER-BASED VOLUNTEER SERVICES CREDIT PROGRAM, AND TO MAKE A REPORT TO THE GENERAL ASSEMBLY REGARDING THIS STUDY BY JULY 1, 1987; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-320 SO AS TO REQUIRE THE DEPARTMENT OF INSURANCE, WITH THE COOPERATION OF THE LONG TERM CARE COUNCIL, TO ASSIST INSURANCE COMPANIES IN IN OBTAINING DATA FROM STATE AGENCIES TO HELP THOSE COMPANIES DEVELOP PRICING STRUCTURES FOR LONG TERM CARE INSURANCE POLICIES, REVIEW ITS REGULATIONS TO IDENTIFY THOSE WHICH DISCOURAGE MARKETING OF LONG TERM CARE INSURANCE POLICIES IN THIS STATE, AND ENSURE THAT PURCHASERS OF LONG TERM CARE INSURANCE POLICIES ARE ADEQUATELY INFORMED CONCERNING POLICY LIMITATION AND EXCLUSIONS; AND TO REQUIRE THE COMMISSION ON CONSUMER AFFAIRS, WITH THE COOPERATION OF THE DEPARTMENT OF INSURANCE, TO STUDY THE DEVELOPMENT OF LIFE CARE COMMUNITIES IN THIS STATE AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JANUARY 1, 1987.

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

H. 3790 -- Reps. L. Phillips and Beasley: A BILL TO AMEND ACT 187 OF 1979, AS AMENDED, RELATING TO THE TRAINING, EMPLOYMENT, AND EDUCATION OF PUBLIC EDUCATORS AND THE BASIC SKILLS EXAMINATION FOR PROSPECTIVE TEACHERS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKE THE BASIC SKILLS EXAMINATION NO MORE THAN THREE TIMES, PROVIDE THAT A TEACHER'S PROVISIONAL CONTRACT PERIOD IS FOR A PERIOD OF NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE SCHOOL YEAR, PROVIDE THAT NO PERSON MAY BE EMPLOYED UNDER A PROVISIONAL CONTRACT FOR MORE THAN TWO CONTRACT YEARS; DELETE THE PROVISIONS THAT CONTINUED TEACHER EMPLOYMENT BEYOND THE ANNUAL CONTRACT PERIOD BE BASED ON EVALUATION BY THE STATE BOARD OF EDUCATION, PROVIDE THAT A TEACHER WITH ONE YEAR'S EXPERIENCE OUTSIDE THE STATE AND A SOUTH CAROLINA TEACHING CERTIFICATE MAY BE EMPLOYED INITIALLY UNDER AN ANNUAL CONTRACT PERIOD WHICH IS NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE YEAR, PROVIDE THAT TEACHER EVALUATION INCLUDE AT LEAST TWO OBSERVATIONS, PROVIDE FOR TEACHER EVALUATION AT THE END OF THE ANNUAL CONTRACT PERIOD AND IF FOUND DEFICIENT THE SCHOOL DISTRICT MAY EMPLOY THE TEACHER FOR ONE ADDITIONAL ANNUAL CONTRACT PERIOD OR TERMINATE THE TEACHER'S EMPLOYMENT AND IF TERMINATED NO SCHOOL DISTRICT MAY EMPLOY THE TEACHER FOR ONE ANNUAL CONTRACT PERIOD, DELETE PROVISIONS THAT A TERMINATED TEACHER MAY NOT BE EMPLOYED AS A TEACHER FOR AT LEAST TWO YEARS, MAKE PROVISION FOR A PERSON COMPLETING A TEACHER TRAINING PROGRAM OUTSIDE THE STATE, AND PROVIDE FOR THE EVALUATION OF PROVISIONAL AND ANNUAL CONTRACT TEACHERS.

Referred to Committee on Education and Public Works.

H. 3791 -- Reps. L. Phillips, Beasley and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-160 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PHASE OUT ALL HOLD HARMLESS PROVISIONS IN THE PRESENT FORMULA FOR DISTRIBUTING PUBLIC SCHOOL EMPLOYEE FRINGE BENEFITS TO THE SCHOOL DISTRICTS OVER A THREE-YEAR PERIOD BEGINNING WITH FISCAL YEAR 1986-87.

Referred to Committee on Education and Public Works.

S. 690 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND SECTION 4-9-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC HEARING REQUIREMENTS, SO AS TO DELETE A REQUIREMENT THAT TO SELL, LEASE, OR CONTRACT TO SELL OR LEASE REAL PROPERTY OWNED BY THE COUNTY A PUBLIC HEARING MUST BE HELD.

Referred to Committee on Judiciary.

S. 725 -- Senator Mitchell: A BILL TO PROHIBIT THE INVESTMENT OF STATE-OWNED OR CONTROLLED FUNDS IN ANY FINANCIAL OR GOVERNMENTAL ENTITY OF THE REPUBLIC OF SOUTH AFRICA OR IN ANY BUSINESS ENTERPRISE OR CHARITABLE FOUNDATION WHICH DOES BUSINESS WITH OR INVESTS FUNDS IN ANY SUCH FINANCIAL OR GOVERNMENTAL ENTITY OR WHICH IS LOCATED IN THE REPUBLIC.

Referred to Committee on Ways and Means.

S. 799 -- Senators Land and Theodore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-230 SO AS TO PERMIT QUALIFIED SURETY COMPANIES TO GUARANTEE ARREST BOND CERTIFICATES OFFERED BY AUTOMOBILE CLUBS AND ASSOCIATIONS; REQUIRING THE ACCEPTANCE OF THOSE GUARANTEED ARREST BOND CERTIFICATES IN THE EVENT OF VIOLATION OF CERTAIN MOTOR VEHICLE LAWS; AND TO PROVIDE FOR THE FORFEITURE OF THE GUARANTEED ARREST BOND CERTIFICATES.

Referred to Committee on Labor, Commerce and Industry.

S. 892 -- Senator Garrison: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEM ACT, SO AS TO PROVIDE CERTAIN EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

S. 949 -- Senators Holland and E. Patterson: A BILL TO AMEND SECTION 7-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY AND PLEDGES OF CANDIDATES AS NOMINEES OF A POLITICAL PARTY IN A PARTY PRIMARY, SO AS TO ADD TO THE PLEDGE THE ACCEPTANCE THAT WRITE-IN VOTES FOR THE PLEDGEE MAY NOT BE COUNTED IN THE ENSUING SPECIAL OR GENERAL ELECTION FOR THE SAME OFFICE IF HE IS DEFEATED IN THE PRIMARY ELECTION, TO REPUDIATE CAMPAIGN TACTICS WHICH THE PLEDGEE CONDEMNS, AND PROHIBIT THE USE OF APPEALS TO NEGATIVE PREJUDICE BASED ON RACE, SEX, RELIGION, NATIONAL ORIGIN, OR PHYSICAL HEALTH STATUS.

Referred to Committee on Judiciary.

H. 3792 -- Rep. McLeod: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH INSURANCE MAY BE SOLD TO AND REQUIRED OF A BORROWER FOR INSURING PERSONAL PROPERTY SECURING A LOAN, SO AS TO ADD UNEMPLOYMENT INSURANCE TO THAT INSURANCE AUTHORIZED TO PROVIDE PERIODIC BENEFITS WHICH MAY NOT EXCEED AN AMOUNT WHICH EQUALS THE AMOUNT OF EACH PERIODIC 4NSTALLMENT PAYMENT MADE UNDER THE LOAN CONTRACT, AND TO AMEND SECTION 37-3-202 RELATING TO THE ADDITIONAL CHARGES THAT A LENDER MAY CONTRACT FOR AND RECEIVE IN CONNECTION WITH A CONSUMER LOAN, SO AS TO AUTHORIZE UNEMPLOYMENT INSURANCE TO BE PROVIDED A DEBTOR.

Referred to Committee on Labor, Commerce and Industry.

H. 3793 -- Rep. J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-220 SO AS TO ALLOW THE SALE OF LEASED NURSING HOME FACILITIES SUBJECT TO LIMITATIONS.

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

H. 3794 -- Reps. Felder, J. Rogers, J. Bradley and Huff: A BILL TO ESTABLISH THE SOUTH CAROLINA MEDICAL TORT CLAIMS COMMISSION CONSISTING OF SEVEN MEMBERS ELECTED BY THE GENERAL ASSEMBLY FOR TERMS OF SIX YEARS WHICH SHALL HEAR AND RESOLVE ALL MEDICAL TORT CLAIMS AGAINST HEALTH CARE PROVIDERS IN THIS STATE AND TO PROVIDE FOR ITS ORGANIZATION, POWERS, DUTIES, AND PROCEDURES, INCLUDING THE AWARDING OF DAMAGES FOR ECONOMIC AND NONECONOMIC LOSSES AND WHEN APPROPRIATE, PUNITIVE DAMAGES WHEN THE COMMISSION FINDS NEGLIGENCE ON THE PART OF THE HEALTH CARE PROVIDER AND TO ESTABLISH THE SOUTH CAROLINA MEDICAL INDEMNITY FUND FROM WHICH AWARDS FOR DAMAGES RESULTING FROM NEGLIGENCE MUST BE PAID, TO PROVIDE FOR A FUND DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE FUND MUST CONSIST OF ANNUAL ASSESSMENTS ON ALL HEALTH CARE PROVIDERS AND INTEREST EARNED THEREON, AND TO PROVIDE THAT EXPENSES OF ADMINISTERING THE FUND MAY BE PAID THEREFROM.

Referred to Committee on Judiciary.

H. 3798 -- Reps. Sharpe, Woodruff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-35 SO AS TO REQUIRE THE STATE BOARD OF MEDICAL EXAMINERS TO APPOINT A PHYSICIAN'S ASSISTANTS ADVISORY COMMITTEE AND TO PROVIDE FOR ITS COMPOSITION, TERMS OF ITS MEMBERS, AND ITS RESPONSIBILITIES.

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

S. 954 -- Senators Lee, Drummond, Hinson, Peeler, Ravenel, Pope, Long, Bryan, Hayes, Branton, Leatherman, Matthews, Courson, Wilson, Holland, Moore, Saleeby, Martin, Doar, Macaulay, Horace C. Smith and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-215 SO AS TO AUTHORIZE MULTIPLE LAW ENFORCEMENT JURISDICTIONS TO CONTRACT WITH ONE ANOTHER TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO HAVE JURISDICTIONS WITHIN OTHER JURISDICTIONS.

Referred to Committee on Judiciary.

S. 991 -- Senator Land: A BILL TO AMEND ACT 139 OF 1977, AS AMENDED, RELATING TO THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE AND TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT, REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS; REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE, AND DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.

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

S. 1063 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND ACT 678 OF 1976, AS AMENDED, RELATING TO THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND TO PROVIDE THAT DESIGNEES OF CERTAIN EX OFFICIO MEMBERS ALSO HAVE VOTING PRIVILEGES.

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

S. 1064 -- Senators Shealy, Pope, Bryan, Wilson, Giese, Peeler, Courson, Thomas, Drummond and E. Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, TO REQUIRE RECIPIENTS OF VARIOUS TYPES OF PUBLIC ASSISTANCE ADMINISTERED BY THE STATE TO REGISTER AND ACCEPT APPROPRIATE EMPLOYMENT AS A CONDITION OF RECEIPT OF ASSISTANCE PAYMENTS, TO DESIGNATE THE DEPARTMENT OF SOCIAL SERVICES AS THE AGENCY AUTHORIZED TO CONDUCT DEMONSTRATION PROJECTS AIMED AT EXPANDING THE EMPLOYMENT OPPORTUNITIES AVAILABLE TO ASSISTANCE RECIPIENTS, TO PROVIDE EXCEPTIONS TO THE WORK REQUIREMENTS, TO PROVIDE THAT REFUSAL TO ACCEPT SUITABLE EMPLOYMENT RENDERS THE RECIPIENT INELIGIBLE FOR ASSISTANCE UNDER THE ACT, AND TO MAKE SPECIAL PROVISIONS FOR PROTECTIVE PAYMENTS ON BEHALF OF DEPENDENT CHILDREN OF THOSE DECLARED INELIGIBLE.

Referred to Committee on Labor, Commerce and Industry.

S. 1084 -- Senators Long and Doar: A BILL TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO MAGISTRATES AND MAGISTRATES' JURY AREAS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO CONSOLIDATE THE EIGHT JURY AREAS IN HORRY COUNTY INTO THREE.

Referred to Committee on Judiciary.

S. 1107 -- Senators Thomas E. Smith, Jr. and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4095 SO AS TO PROVIDE FOR PERMITS FOR TRANSPORTING NO MORE THAN TWO MODULAR HOUSING UNITS OR SECTIONAL HOUSING UNITS IF THE TOTAL LENGTH IS NOT MORE THAN FIFTY-TWO FEET.

Referred to Committee on Education and Public Works.

S. 1151 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 684, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.

Referred to Committee on Agriculture and Natural Resources.

S. 1179 -- Senator Ravenel: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING OF FRAUDULENT CHECKS AND THE PROSECUTION THEREOF, AND TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OF FRAUDULENT CHECK CASES AND PENALTIES THEREFOR, SO AS TO PROVIDE THAT CERTAIN INTEREST ON ALL CHECKS IN EXCESS OF ONE HUNDRED DOLLARS MUST BE PAID AS A CONDITION OF DISMISSING ANY PROSECUTION INITIATED OR AS A CONDITION OF SUSPENDING IMPOSITION OF THE SENTENCE IMPOSED AFTER CONVICTION.

Referred to Committee on Judiciary.

S. 1181 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-29-10, 38-29-30, 38-29-50, 38-29-60, 38-29-70, 38-29-90, 38-29-110, 38-29-140, 38-29-150, 38-29-170, 38-29-190, 38-29-220, 38-29-240, 38-29-250, 38-29-260, 38-29-270, 38-29-280, 38-29-330, 38-29-340, AND 38-29-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DELETE THE REFERENCE TO SECURITIES BROKER IN THE DEFINITION OF "PERSON"; PERMIT A DOMESTIC INSURER TO INVEST IN THE SECURITIES OF A SUBSIDIARY IN AN AMOUNT NOT TO EXCEED TEN PERCENT INSTEAD OF FIVE PERCENT OF THE INSURER'S ASSETS AND TO EXCLUDE INVESTMENTS IN DOMESTIC OR FOREIGN INSURANCE SUBSIDIARIES IN CALCULATING THE AMOUNT OF THE INVESTMENT; TO DETERMINE COMPLIANCE WITH PROVISIONS AUTHORIZING INVESTMENTS OF A DOMESTIC INSURER IN A SUBSIDIARY BY CALCULATING THE INVESTMENT LIMITATIONS AS THOUGH THE INVESTMENT HAD BEEN MADE; TO PROVIDE STANDARDS FOR REPORTING TRANSACTIONS WITHIN A HOLDING COMPANY SYSTEM; AND TO PROVIDE A PENALTY FOR AN INSURER, DIRECTOR, OR OFFICER OF AN INSURANCE HOLDING COMPANY WHO VIOLATES THIS CHAPTER; TO AMEND THE CODE BY ADDING SECTIONS 38-29-155 AND 38-29-165 SO AS TO PROVIDE THAT THE REGISTRATION STATEMENT OF AN INSURER WITH AN INSURANCE HOLDING COMPANY SHALL INDICATE CHANGES IN A PRIOR STATEMENT AND REPORT DIVIDEND DISTRIBUTION TO SHAREHOLDERS; AND TO REPEAL SECTION 38-29-100 RELATING TO THE REQUIREMENT THAT AN INSURER MAIL ALL MATERIALS AND NOTICES TO THE INSURER'S SHAREHOLDERS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Schwartz               Alexander              Altman
Anderson, S.           Arthur, J.             Bailey, G.
Bailey, K.             Barfield               Beasley
Bennett                Blackwell              Blanding
Boan                   Bradley, J.            Bradley, P.
Brett                  Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, T.M.          Carnell                Chamblee
Cleveland              Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Freeman                Gentry                 Gilbert
Gordon                 Gregory                Griffin
Harris, J.             Harris, P.             Harvin
Hawkins                Hayes                  Hearn
Helmly                 Hendricks, B.          Hendricks, L.
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Lake                   Limehouse
Lockemy                Mangum                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McKay
McLellan               McLeod                 McTeer
Mitchell               Moss                   Neilson
Nettles                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Russell                Sharpe
Sheheen                Shelton                Simpson
Snow                   Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Washington
White                  Wilkins                Williams
Woodruff

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on April 10, 1986.

Tom Marchant                      Paul Short
Mickey Burriss                    Robert A. Kohn
D.L. Aydlette, Jr.                Eugene C. Stoddard
A. Victor Rawl                    W.D. Arthur
Joe F. Anderson, Jr.
Total Present--118

STATEMENT OF ATTENDANCE

Rep. RIGDON signed a statement with the Clerk that he came in after the roll call and was present for the session on April 10, 1986.

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. WINSTEAD a leave of absence for the day due to a family illness.

STATEMENTS OF ATTENDANCE

Rep. WOODRUFF signed a statement with the Clerk that he came in after the roll call and was present for the Session on Thursday, April 3, 1986.

Rep. KOHN signed a statement with the Clerk that he came in after the roll call and was present for the session on Tuesday, April 8, 1986.

Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call and was present for the session on Wednesday, April 9, 1986.

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call was present for the Session on Wednesday, April 9, 1986.

SENT TO THE SENATE

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

H. 3765 -- Rep. G. Bailey: A BILL TO ALTER THE BOUNDARIES OF SCHOOL DISTRICT NOS. 1 AND 3 IN DORCHESTER COUNTY, SO AS TO INCLUDE THE ROSINVILLE COMMUNITY WITHIN SCHOOL DISTRICT NO. 1.

H. 3445 -- Reps. Blackwell, Beasley, Foxworth, McBride, Klapman, Cooper, Simpson, P. Harris, Kay, K. Bailey, T. Rogers, J. Anderson, L. Martin, Hayes, Mitchell, Day, Winstead, Lake, Shelton, Mattos, Gregory, Taylor, Townsend, Tucker, Woodruff, O. Phillips, Limehouse, Griffin, L. Phillips, Cork, Mangum, McKay, Barfield, J. Arthur, G. Bailey, R. Brown, Kirsh, Foster, Jones, McLellan, Washington, Rawl, Rice, Ferguson and Fair: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO THE DEFINITION OF HANDICAPPED PERSONS FOR PURPOSES OF FREE PARKING FOR THESE PERSONS SO AS TO REVISE THIS DEFINITION.

H. 3320 -- Rep. T.M. Burriss: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, IF THE APPLICANT IN A SWORN AFFIDAVIT DECLARES THAT AT LEAST ONE PERSON WHO IS NOW IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS CURRENTLY IN THE PROCESS OF TAKING THE TEST REQUIRED TO OBTAIN NICET LEVEL III CERTIFICATION AND TO PROVIDE THAT A VIOLATION OF THIS ACT OR FAILURE TO COMPLY WITH A CEASE AND DESIST ORDER IS CAUSE FOR REVOCATION OF A LICENSE INSTEAD OF THE STATE FIRE MARSHAL'S CERTIFICATE.

H. 3744 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-59-140 THROUGH 38-59-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PATIENTS' COMPENSATION FUND FOR THE BENEFIT OF LICENSED HEALTH CARE PROVIDERS, SO AS TO CHANGE THE METHOD BY WHICH PROVIDERS MAY PARTICIPATE IN THE FUND; REQUIRE THAT IN ADDITION TO ANNUAL MEMBERSHIP FEES, THE BOARD MAY MAKE DEFICIT ASSESSMENTS WHEN INSUFFICIENT FUNDS ARE AVAILABLE TO MEET THE FUND'S LIABILITY, TO PROVIDE THAT MEMBERSHIP IN THE FUND IS CONTINGENT UPON THE FUND MEMBER MAKING TIMELY PAYMENTS OF ALL MEMBER FEES AND DEFICIT ASSESSMENTS; DELETE THE REQUIREMENT THAT THE STATE TREASURER MUST INVEST AND REINVEST THE FUND IN SHORT-TERM INTEREST BEARING INVESTMENTS; DELETE THE REQUIREMENT THAT REPORTS OF AUDITS OF THE FUND BE PREPARED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, TO PROVIDE A PROCEDURE BY WHICH HEALTH CARE PROVIDERS MAY WITHDRAW FROM PARTICIPATION IN THE FUND; DELETE THE PROVISION THAT A PROVIDER PARTICIPATING IN THE FUND IS LIABLE FOR LOSSES UP TO THE AMOUNT OF ITS COVERAGE AND TO AUTHORIZE THE PROVIDER TO RECEIVE AN APPROPRIATE REDUCTION OF ITS ASSESSMENT OF THE FUND; AND DELETE THE REQUIREMENT THAT ANY PERSON AFFECTED BY ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND MAY APPEAL TO THE COMMISSION WITHIN THIRTY DAYS AND TO ADD THE PROVISION THAT ANY RULING, ACTION, OR DECISION BY OR ON BEHALF OF THE FUND IS SUBJECT TO REVIEW AS PROVIDED IN SECTION 1-23-380.

H. 3748 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 37-4-301, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND LIABILITY INSURANCE, SO AS TO PROVIDE THAT ANY CHARGE FOR INSURANCE AGAINST LOSS OF OR DAMAGE TO PROPERTY MAY BE SUBJECT TO A MINIMUM CHARGE OF TWO DOLLARS.

H. 3749 -- Reps. Lloyd I. Hendricks and Evatt: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE ADDITIONAL REVENUE BONDS FOR STADIUM EXPANSION, SO AS TO AUTHORIZE THE BOARD TO ISSUE SPECIAL OBLIGATION BONDS TO PAY FOR THE COST OF VARIOUS UNIVERSITY-OWNED ATHLETIC FACILITIES IN ADDITION TO THE IMPROVEMENTS AUTHORIZED FOR WILLIAMS BRICE STADIUM.

H. 3764 -- Rep. Schwartz: A BILL TO AMEND AN ACT OF 1986 BEARING RATIFICATION NUMBER 376, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO PROVIDE THAT NO BAIL BONDSMAN OR RUNNER IS REQUIRED TO BE LICENSED UNDER THE PROVISIONS OF CHAPTER 63 OF TITLE 38 UNTIL JULY 1, 1986, INSTEAD OF MAY 1, 1986.

H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.

H. 2564--OBJECTION, AMENDED AND ORDERED
TO THIRD READING

The following Bill was taken up.

H. 2564 -- Reps. Sheheen, Gordon, Gregory, Mangum and White: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING CHAPTER 18, SO AS TO PROVIDE FOR DEFINITIONS OF CERTAIN TERMS IN THE CHAPTER; FOR THE STATE REORGANIZATION COMMISSION TO REVIEW THE REGULATION OF CERTAIN OCCUPATIONS; FOR PUBLIC HEARINGS TO BE HELD AS TO WHETHER THE OCCUPATION SHOULD BE REGULATED AND FOR THE COMMISSION TO CONSIDER PROPOSALS FOR REGULATION; FOR WAIVING OF THE HEARING BY TWO-THIRDS OF THE MEMBERS OF THE STANDING COMMITTEE TO WHICH A BILL REGULATING AN OCCUPATION IS REFERRED; FOR NOTICE OF THE HEARING TO THE PUBLIC AND OTHERS AFFECTED BY REGULATION; FOR FACTORS TO BE CONSIDERED BY THE COMMISSION IN EVALUATING WHETHER AN OCCUPATION SHOULD BE REGULATED; FOR THE VARIOUS DEGREES OF REGULATION TO BE CONSIDERED IF THE COMMISSION DETERMINES THAT EXISTING REMEDIES DO NOT ADEQUATELY PROTECT THE PUBLIC HEALTH, SAFETY, OR WELFARE; AND FOR THE COMMISSION TO MAKE RECOMMENDATIONS IN WRITING TO THE GENERAL ASSEMBLY AS TO HOW THE OCCUPATIONS SHOULD BE REGULATED.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was introduced on Wednesday, April 9, 1986 by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. BLANDING objected to the Bill.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

Rep. LOCKEMY proposed the following Amendment No. 2 (Doc. No. 3672R), which was adopted.

Amend the bill, as and if amended, by striking Section 1-18-20 as contained in SECTION 1, and inserting:

/Section 1-18-20. Upon the filing of any bill proposing to regulate an occupation not regulated by the State, the subcommittee of the standing committee of the House of Representatives or the Senate to which the bill has been referred may request that the Commission conduct the public hearing or that the Commission assist the subcommittee in conducting the public hearing. Upon the request of the subcommittee, the Commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated./

Amend title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

Rep. THRAILKILL proposed the following Amendment No. 3 (Doc. No. 3703R), which was tabled.

Amend the report, as and if amended, by striking all after the period on line 36 of page 1 through line 11 of page 2 and inserting /Upon the request of two-thirds of the committee's members the Commission may hold hearings for the purpose of determining whether or not occupations not regulated by the State should be regulated./

Amend title to conform.

Rep. THRAILKILL explained the amendment.

Rep. LOCKEMY spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 30 to 16.

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

H. 2564--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 2564 be read the third time tomorrow.

H. 3507--DEBATE ADJOURNED

Rep. L. MARTIN moved to adjourn debate upon the following Bill, which was adopted.

H. 3507 -- Reps. Cooper, Kay, Blackwell, Chamblee and Evatt: A BILL TO PROVIDE THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION.

H. 3551--DEBATE ADJOURNED

Rep. HOLT moved to adjourn debate upon the following Bill, which was adopted.

H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.

ORDERED TO THIRD READING

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

H. 3762 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND CHAPTER 47, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGULATION OF RESPIRATORY CARE, TO CREATE THE RESPIRATORY CARE COMMITTEE AND PROVIDE ITS RESPONSIBILITIES, TO PROVIDE FEES, AND TO PROVIDE PENALTIES.

Rep. J. BRADLEY explained the Bill.

H. 3704 -- Rep. Cooper: A BILL TO AMEND SECTION 40-25-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL OF HEARING AID DEALERS AND FITTERS' LICENSES AND THE CONTINUING EDUCATION REQUIREMENTS IN ORDER TO MAINTAIN A LICENSE, SO AS TO REVISE THE MANNER IN WHICH THE COMMISSION OF HEARING AID DEALERS AND FITTERS APPROVES CONTINUING EDUCATION TRAINING PROGRAMS.

Rep. L. MARTIN explained the Bill.

H. 3717 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND SECTION 16-17-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TATTOOING, SO AS TO PROVIDE THAT IT IS NOT UNLAWFUL FOR A LICENSED PHYSICIAN OR SURGEON TO TATTOO PART OF A PATIENT'S BODY IF IN HIS MEDICAL OPINION IT IS NECESSARY WHEN PERFORMING COSMETIC OR RECONSTRUCTIVE SURGERY.

Rep. M.D. BURRISS explained the Bill.

H. 3436 -- Reps. McLeod, McEachin and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-160 SO AS TO REGULATE THE CHOOSING OF PARTICIPANTS IN PUBLIC HUNTS ON STATE OWNED OR CONTROLLED PROPERTY.

Rep. PEARCE explained the Bill.

H. 3512 -- Reps. Altman, Snow and Pearce: A BILL TO AMEND SECTION 50-17-890, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF WHOLESALE SHELLFISH DEALERS, SO AS TO PROVIDE AN ADDITIONAL PENALTY WHICH REQUIRES ANY PERSON WHO REFUSES TO MAKE OPEN AND AVAILABLE ACCURATE RECORDS, BOOKS, OR ACCOUNTS, REQUIRED BY THIS SECTION TO LAW ENFORCEMENT OFFICERS OR DIVISION OF MARINE RESOURCES PERSONNEL, GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL HAVE HIS LICENSE OR PERMIT, OR BOTH, SUSPENDED FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF CONVICTION.

H. 3762--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 3762 be read the third time tomorrow.

H. 3704--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3704 be read the third time tomorrow.

H. 3717--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. M.D. BURRISS, with unanimous consent, it was ordered that H. 3717 be read the third time tomorrow.

H. 3436--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3436 be read the third time tomorrow.

H. 3512--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that H. 3512 be read the third time tomorrow.

LEAVE OF ABSENCE

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

S. 341--POINT OF ORDER

The following Bill was taken up.

S. 341 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION AND VOLUNTARY SETTLEMENTS, SO AS TO PROVIDE THAT A COPY OF THE SETTLEMENT AGREEMENT MUST BE FILED WITH AND APPROVED BY ONLY ONE MEMBER OF THE INDUSTRIAL COMMISSION UNDER CERTAIN CONDITIONS AND BY THREE MEMBERS OF THE INDUSTRIAL COMMISSION UNDER CERTAIN OTHER CONDITIONS.

Rep. L. MARTIN explained the Bill.

POINT OF ORDER

Rep. KLAPMAN 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 sustained the Point of Order.

S. 407--POINT OF ORDER

The following Bill was taken up.

S. 407 -- Senators Lourie, Land and J. Verne Smith: A BILL TO AMEND SECTION 42-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, AMOUNT OF WEEKLY COMPENSATION FOR TOTAL DISABILITY UNDER WORKERS' COMPENSATION AND WHAT CONSTITUTES TOTAL AND PERMANENT DISABILITY, SO AS TO CHANGE THE AMOUNT OF THE MINIMUM WEEKLY PAYMENT AND TO PROVIDE FOR THE METHOD OF COMPUTING IT.

Rep. L. MARTIN explained the Bill.

POINT OF ORDER

Rep. KLAPMAN 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 sustained the Point of Order.

S. 907--POINT OF ORDER

The following Bill was taken up.

S. 907 -- Senators Hayes, Applegate, Land and Long: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR DISCLOSURE TO PURCHASERS OF INFORMATION CONCERNING FINE PRINTS SOLD IN LIMITED EDITIONS TO ENABLE PURCHASERS TO PROPERLY ASSESS THE VALUE OF THEM AND PROVIDE FOR CIVIL RELIEF AGAINST SELLERS WHO VIOLATE THE PROVISIONS OF THE CHAPTER.

POINT OF ORDER

Rep. KLAPMAN 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 sustained the Point of Order.

H. 3547--POINT OF ORDER

The following Bill was taken up.

H. 3547 -- Reps. Pearce, Altman, Thrailkill, Elliott and Barfield: A BILL TO AMEND SECTION 50-17-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TRAWL NETS IN CERTAIN WATERS ADJACENT TO GAME ZONE NO. 7 AND NO. 9, SO AS TO, AMONG OTHER THINGS, EXTEND THE TIME DURING WHICH TRAWL NETS MAY BE USED IN ANY WATERS OF THE ATLANTIC OCEAN ADJACENT TO GEORGETOWN COUNTY, AND PROVIDE PENALTIES, INCLUDING PROVISIONS FOR SEIZURE, SALE, AND REDEMPTION; AND TO REPEAL SECTIONS 50-17-1680, RELATING TO THE PROVISIONS THAT ONLY A DULY LICENSED PERSON MAY SELL OR DISPOSE OF SHRIMP CAUGHT IN WATERS OFF GAME ZONE NO. 7 AND NO. 9, AND 50-17-1700, RELATING TO PENALTIES FOR VIOLATING SPECIAL PROVISIONS PERTAINING TO GAME ZONE NOS. 7 AND 9.

POINT OF ORDER

Rep. McTEER 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 sustained the Point of Order.

H. 3718--POINT OF ORDER

The following Bill was taken up.

H. 3718 -- Reps. Snow, Waldrop, Foxworth, Rhoad, Bennett, Koon, Thrailkill, K. Bailey, Barfield, Beasley, G. Brown, R. Brown, Pearce, Mitchell, Rice, McKay, Gilbert, McEachin, H. Brown, Elliott, Carnell and McAbee: A BILL TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD AND TO PROVIDE PENALTIES.

Rep. SNOW explained the Bill.

POINT OF ORDER

Rep. KLAPMAN 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 sustained the Point of Order.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3799 -- Rep. J. Anderson: A CONCURRENT RESOLUTION TO COMMEND MARTHA LOUISE WILLIAMS OF EDGEFIELD, IN EDGEFIELD COUNTY, UPON THE COMPLETION OF HER BRILLIANT CAREER AS A MEMBER OF THE PRESBYTERIAN COLLEGE "LADY BLUE HOSE" BASKETBALL TEAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3811 -- Reps. Nettles, McEachin, McLeod, McKay and Gilbert: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. WILLIAM H. JOHNSON OF LAKE CITY, FLORENCE COUNTY, UPON HIS PASSING.

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

INTRODUCTION OF BILLS

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

H. 3800 -- Rep. Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 5 OF TITLE 43 SO AS TO ENACT A SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WHICH PROVIDES NUTRITIONAL EDUCATION AND SUPPLEMENTAL FOOD TO ELIGIBLE PERSONS AND TO PROVIDE A PENALTY FOR VIOLATION OF THE ARTICLE.

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

H. 3801 -- Rep. McLellan: A BILL TO APPROPRIATE MONIES IN THE CAPITAL EXPENDITURE FUND FOR FISCAL YEAR 1986-87.

Referred to Committee on Ways and Means.

H. 3802 -- Rep. Hayes: A BILL TO AMEND TITLE 27 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 30, SO AS TO ENACT THE SOUTH CAROLINA COOPERATIVE PROPERTY REGIME ACT.

Referred to Committee on Judiciary.

H. 3803 -- Reps. Koon, Rhoad, Cleveland, B.L. Hendricks, McLellan and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-405, SO AS TO PROVIDE FOR AN ALL-YEAR OPEN SEASON ON HUNTING FOXES WITH DOGS AND WITHOUT FIREARMS IN GAME ZONE NOS. 1, 2, 3, AND 4, AND TO PROHIBIT THE USE OF FLASHLIGHTS OF MORE THAN SIX VOLTS WHILE HUNTING PURSUANT TO THE SECTION.

Referred to Committee on Agriculture and Natural Resources.

H. 3804 -- Reps. T. Rogers, P. Bradley and Day: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR THE OFFENSE OF DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO INCREASE THE PENALTIES.

Referred to Committee on Judiciary.

H. 3805 -- Reps. Hawkins and Russell: A BILL TO AMEND SECTION 44-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN REGARD TO PUBLIC HEALTH, IN GENERAL, SO AS TO ASSURE THE DEPARTMENT ACCESS TO MEDICAL RECORDS, TUMOR REGISTRIES, AND SPECIAL DISEASE RECORD SYSTEMS OF PHYSICIANS, HOSPITALS, AND HEALTH FACILITIES IN THE DEPARTMENT'S INVESTIGATION OF EPIDEMIC AND ENDEMIC DISEASES.

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

H. 3806 -- Rep. Keyserling: A BILL TO AMEND ARTICLE 9, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF THE SEWERAGE DISPOSAL METHODS AT HOMESITES, SO AS TO ADD SECTION 44-55-870 TO REQUIRE A CERTIFICATE BY THE COUNTY HEALTH DEPARTMENT OR OTHER APPROPRIATE AGENCY BE FURNISHED TO THE PURCHASER OF A LOT OR PARCEL OF LAND WITHOUT IMPROVEMENTS THAT IT MEETS MINIMUM STANDARDS FOR SEPTIC TANK USAGE IF IT IS NOT ACCESSIBLE TO A SEWER LINE, TO REQUIRE THE CERTIFICATE BE FURNISHED AT THE TIME OF THE CLOSING OF THE SALE OF THE LOT OR PARCEL, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3807 -- Rep. Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-17-70 SO AS TO REQUIRE ANY PERSON LICENSED TO CONDUCT THE GAME OF BINGO IN THIS STATE TO FILE WITH THE SECRETARY OF STATE A MONTHLY REPORT; TO PROVIDE THAT ANY MANAGEMENT COMPANY OPERATING A BINGO GAME IS INELIGIBLE TO BE LICENSED FOR THE OPERATION OF BINGO GAMES; AND TO PROVIDE A PENALTY FOR VIOLATIONS.

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

Rep. KLAPMAN objected.

Referred to Committee on Judiciary.

H. 3808 -- Rep. R. Brown: A BILL TO AMEND SECTION 44-53-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FINES COLLECTED BY ANY COURT OR AGENCY RESULTING FROM A VIOLATION OF ANY PROVISION OF ARTICLE 3 OF CHAPTER 53 OF TITLE 44 (NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REDUCE BY ONE-HALF THE AMOUNT OF FINES REMITTED TO THE DEPARTMENT OF MENTAL HEALTH, TO PROVIDE THAT ONE-HALF OF ALL FINES BE REMITTED TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY INITIATING THE INVESTIGATION WHICH RESULTED IN THE CONVICTION, TO PROVIDE THAT IF THE LAW ENFORCEMENT AGENCY IS A STATE AGENCY THAT ONE-HALF OF THE FINES MUST BE REMITTED TO THE GOVERNING BODY IN WHICH THE ARREST WAS MADE, AND TO REQUIRE THAT ALL FUNDS RECEIVED BY ANY GOVERNING BODY MUST BE USED IN LOCAL ALCOHOL AND DRUG PREVENTION PROGRAMS.

Referred to Committee on Judiciary.

H. 3809 -- Reps. Ogburn, Blackwell. Blanding, J. Bradley, Day, Evatt, Kohn, Mattos, Rawl, T. Rogers, Snow, Waldrop and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-95 SO AS TO PROHIBIT DISCRIMINATION BETWEEN LICENSED PHYSICIANS AND LICENSED PSYCHOLOGISTS IN THIRD PARTY REIMBURSEMENT WHEN ANY POLICY OF INSURANCE CONTAINS MENTAL HEALTH BENEFITS.

Referred to Committee on Labor, Commerce and Industry.

H. 3810 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-6-119 SO AS TO PROVIDE FOR THE INVESTIGATION AND REPORT OF BELOW COST SALES OF MOTOR VEHICLE FUEL AND TO AUTHORIZE THE ASSESSMENT OF INVESTIGATION FEES AND TO PROVIDE AN APPROPRIATION.

Referred to Committee on Ways and Means.

H. 3507--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the following Bill until Tuesday, April 15, 1986, which was adopted.

H. 3507 -- Reps. Cooper, Kay, Blackwell, Chamblee and Evatt: A BILL TO PROVIDE THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION.

H. 3551--DEBATE ADJOURNED

Rep. HOLT moved to adjourn debate upon the following Bill until Tuesday, April 15, 1986, which was adopted.

H. 3551 -- Rep. Winstead: A BILL TO AMEND SECTION 40-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE THE DEFINITION OF PHYSICAL THERAPY AND TO DELETE THE DEFINITION OF A PRESCRIPTION; TO AMEND SECTION 40-45-200, RELATING TO THE GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO DELETE THE GROUND PROVIDING FOR THOSE WHO PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY AND TO PROVIDE FOR A NEW GROUND RELATING TO FEES; AND TO AMEND SECTION 40-45-220, AS AMENDED, RELATING TO TREATMENT BY PHYSICAL THERAPISTS AND SUPERVISION OF ASSISTANTS, SO AS TO DELETE THE PROVISION THAT A REGISTERED PHYSICAL THERAPIST MAY NOT PRACTICE INDEPENDENT OF THE PRESCRIPTION OF A LICENSED DOCTOR OF MEDICINE OR DENTISTRY.

H. 3766--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3766 -- Rep. Snow: A JOINT RESOLUTION TO REQUIRE THE PAYMENT OF THE ENTIRE AMOUNT OF CLAIMS FILED PRIOR TO MAY 31, 1986, UNDER SECTION 46-41-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, INSTEAD OF THE PAYMENT OF THE PERCENTAGES OF CLAIMS PROVIDED IN SECTION 46-41-230.

Rep. SNOW explained the Joint Resolution.

Rep. GORDON spoke against the Joint Resolution.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

LEAVE OF ABSENCE

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

ORDERED TO THIRD READING

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

S. 542 -- Senator Waddell: A BILL TO AMEND SECTION 50-13-1935, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR STOCKING OF FISH IN PRIVATE NONNAVIGABLE WATERS, SO AS TO PROVIDE THAT THE FEES MUST BE USED FOR THE CHERAW FISH HATCHERY PRIVATE POND FISH STOCKING PROGRAMS.

Rep. PEARCE explained the Bill.

S. 994 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-21-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR NEGLIGENT OPERATION OF WATERCRAFT, SO AS TO INCREASE THE MAXIMUM FINE PENALTY FROM ONE HUNDRED DOLLARS TO TWO HUNDRED DOLLARS.

Rep. PEARCE explained the Bill.

S. 997 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-170 SO AS TO PROVIDE THAT CHANGES IN FEDERAL LAW OR REGULATIONS RELATING TO BOATING MUST AUTOMATICALLY AND IMMEDIATELY BE REFLECTED IN REGULATIONS OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT AND THE CHANGES MUST BE PUBLISHED IN THE NEXT ISSUE OF THE STATE REGISTER.

Rep. PEARCE explained the Bill.

S. 1044 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-148 SO AS TO PROHIBIT THE OBSTRUCTION OF WHARFS, DOCKS, PIERS, BOAT RAMPS, AND ACCESS TO THEM; TO PROVIDE FOR THE REMOVAL OF VEHICLES, VESSELS, OR OTHER OBSTRUCTING OBJECTS; TO PROVIDE FOR THE ERECTION OF SIGNS ADVERTISING THE PROHIBITION; AND TO PROVIDE PENALTIES.

Rep. PEARCE explained the Bill.

S. 1055 -- Senators Ravenel, Applegate, Fielding, McConnell and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2775 SO AS TO DESIGNATE THE LANDS AND WATERS IN CHARLESTON HARBOR AND ITS ADJACENT ESTUARINE SYSTEM IN CHARLESTON COUNTY A WILDLIFE SANCTUARY.

Rep. PEARCE explained the Bill.

S. 542--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 542 be read the third time tomorrow.

S. 994--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 994 be read the third time tomorrow.

S. 997--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 997 be read the third time tomorrow.

S. 1044--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1044 be read the third time tomorrow.

S. 1055--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1055 be read the third time tomorrow.

S. 1077--POINT OF ORDER

The following Joint Resolution was taken up.

S. 1077 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO PROVIDE FOR THE CLOSURE OF CALIBOGUE, PORT ROYAL, AND ST. HELENA SOUNDS TO TRAWLING FOR THE YEARS 1986 AND 1987 AND TO PROVIDE FOR REVIEW OF THE CLOSURE BY THE GENERAL ASSEMBLY DURING THE 1988 SESSION OF THE GENERAL ASSEMBLY.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3773--POINT OF ORDER

The following Bill was taken up.

H. 3773 -- Reps. Kirsh, Freeman, Foster, Hayes and Mangum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-15 SO AS TO REQUIRE A PERMIT FROM THE STATE BUDGET AND CONTROL BOARD PRIOR TO BUILDING ANY STRUCTURE TO DAM OR IMPOUND WATERS OF A NAVIGABLE STREAM OR TO DIVERT WATERS FROM A NAVIGABLE STREAM TO GENERATE HYDROELECTRICITY AND TO PROVIDE AN EXCEPTION TO PROJECTS SUBJECT TO CHAPTER 33 OF TITLE 58 (UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT) AND TO EXEMPT PROJECTS WHERE THE PROJECT DEVELOPER WITHOUT EXERCISING CONDEMNATION IS THE EXISTING OWNER AND PROJECTS WHICH DO NOT EXCEED SIXTY ACRES INCLUDING IN BOTH CASES INUNDATED LAND.

Rep. KIRSH explained the Bill.

POINT OF ORDER

Rep. BLACKWELL 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 sustained the Point of Order.

STATEMENT BY REP. G. BROWN

Rep. G. BROWN, with unanimous consent, made a statement relative to the American farmers.

H. 3671--OBJECTIONS WITHDRAWN

Reps. HOLT and WASHINGTON withdrew their objections to H. 3671 however, other objections remained upon the Bill.

H. 3301--OBJECTION

Rep. RAWL withdrew his objection to the following Bill whereupon an objection was raised by Rep. FOXWORTH.

H. 3301 -- Rep. R. Brown: A BILL TO AMEND SECTION 23-35-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE OR PERMIT REQUIRED OF WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS SELLING FIREWORKS, SO AS TO PROVIDE THAT THE STATE BOARD OF PYROTECHNIC SAFETY INSTEAD OF THE STATE FIRE MARSHAL SHALL REGULATE THESE LICENSES, TO INCREASE THE RETAILERS ANNUAL LICENSE FEE FROM FIFTY TO ONE HUNDRED TWENTY-FIVE DOLLARS, TO DELETE THE REQUIREMENT THAT A RETAILER'S LICENSE OR PERMIT MUST BE OBTAINED FROM THE MUNICIPAL CLERK OR FROM THE COUNTY CLERK OF COURT, DEPENDING ON THE LOCATION OF THE SALE, AND REQUIRE THE STATE BOARD OF PYROTECHNIC SAFETY TO APPROVE ALL RETAIL LICENSES, AND TO DELETE THE PROVISIONS AUTHORIZING A COUNTY OR MUNICIPALITY TO RETAIN FUNDS DERIVED FROM THE SALE OF PERMITS.

H. 3200--OBJECTIONS WITHDRAWN AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. SIMPSON and COOPER the following Bill was taken up.

H. 3200 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEAL ACTING AS A SUPERSEDEAS FOR SIXTY DAYS FROM THE DATE OF CONVICTION FOR AN OFFENSE MAKING MANDATORY THE SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO MAKE THE SUPERSEDEAS APPLY DURING THE PENDENCY OF THE APPEAL.

Rep. LIMEHOUSE moved to adjourn debate upon the Bill until Thursday, April 17, 1986, which was adopted.

H. 3189--RECONSIDERED, AMENDED AND
SENT TO THE SENATE

The motion of Rep. J. BRADLEY to reconsider the vote whereby the following Resolution was tabled was taken up and agreed to.

H. 3189 -- Reps. Rawl, S. Anderson, G. Bailey, Beasley, Dangerfield, Elliott, Foxworth, Harvin, Lloyd I. Hendricks, Kay, Keyserling, Kirsh, Lewis, Mitchell and Snow: A CONCURRENT RESOLUTION URGING THE MEMBERS OF SOUTH CAROLINA'S CONGRESSIONAL DELEGATION TO OPPOSE ENACTMENT OF THE TAX REFORM PROPOSAL SUPPORTED BY THE PRESIDENT OF THE UNITED STATES.

Rep. J. BRADLEY proposed the following Amendment No. 1, which was adopted.

Amend as and if amended the title to read.

"Urging the members of South Carolina's Congressional Delegation to oppose any tax reform proposal which remove the Federal Tax Exempt Status of State Bonds."

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

INTRODUCTION OF BILLS

On motion of Rep. SIMPSON, with unanimous consent, the following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 3812 -- Rep. Simpson: A JOINT RESOLUTION PROPOSING AMENDMENTS TO SECTIONS 3, 4, AND 6 OF ARTICLE III, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES AND THE SENATE, SO AS TO PROVIDE THAT THE SENATE SHALL CONSIST OF FIFTY MEMBERS AND THE HOUSE OF REPRESENTATIVES SHALL CONSIST OF ONE HUNDRED MEMBERS, TO PROVIDE THAT TWO HOUSE MEMBERS MUST BE ELECTED FROM EACH SENATORIAL DISTRICT, AND TO DELETE PROVISIONS RELATING TO APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AMONG COUNTIES.

Referred to Committee on Judiciary.

On motion of Rep. L. PHILLIPS, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3813 -- Reps. L. Phillips, Beasley and Simpson: A BILL TO AMEND SECTIONS 59-59-20, 59-59-40, 59-59-50, 59-59-60, 59-59-70, 59-59-80, 59-59-90, AND 59-59-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO INCLUDE IN THE DEFINITION OF "PROPRIETARY SCHOOL" ASSOCIATION, ORGANIZATION, OR CORPORATION, WHETHER IN OR OUT OF STATE, AND TO EXCLUDE FROM THE DEFINITION A SCHOOL DIRECTLY SUPPORTED BY TAX FUNDS FROM ANY SOURCE, PRIVATE COLLEGES AND UNIVERSITIES WHICH AWARD DEGREES BY AUTHORITY OF THE STATE, COURSES OF STUDY WHERE THE TUITION CHARGE DOES NOT EXCEED TWENTY-FIVE DOLLARS, AND PAROCHIAL AND DENOMINATIONAL SCHOOLS, AND PROVIDE THAT "COURSE" DOES NOT INCLUDE TRAINING TOWARD AN ACADEMIC OR EDUCATIONAL OBJECTIVE; TO AUTHORIZE THE STATE SUPERINTENDENT OF EDUCATION TO SEEK AN INJUNCTION TO ENJOIN THE OPERATION OF A SCHOOL WHICH OPERATES WITHOUT A LICENSE AND PERMIT THE ADDITION OF PROGRAMS OF INSTRUCTION UPON SUBMISSION OF A SUPPLEMENTARY APPLICATION; TO PROVIDE THAT LICENSES HELD BY SCHOOLS ON JULY 1, 1986, MAY BE EXTENDED BY THE STATE SUPERINTENDENT OF EDUCATION FOR TWELVE MONTHS FROM THEIR EXPIRATION DATE; TO REQUIRE THAT A SURETY BOND FOR THE FAITHFUL PERFORMANCE OF THE PRINCIPAL MUST BE FILED WITH THE STATE SUPERINTENDENT OF EDUCATION; TO PROVIDE THAT THE FEE TO SOLICIT OR SELL COURSES FOR A PROPRIETARY SCHOOL BE SET BY THE STATE BOARD OF EDUCATION; TO DELETE THE PROVISION REGARDING TEMPORARY LICENSING; AND TO PROVIDE FOR AN APPEAL FROM DECISIONS OF THE STATE BOARD OF EDUCATION REGARDING THE ISSUANCE, RENEWAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.

Referred to Committee on Education and Public Works.

On motion of Rep. SHARPE, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3814 -- Rep. Sharpe: A BILL TO AMEND TITLE 15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 81 SO AS TO PROVIDE FOR ATTORNEY'S FEES AND EXPENSES TO BE AWARDED IN FRIVOLOUS CIVIL ACTIONS.

Referred to Committee on Judiciary.

On motion of Rep. MANGUM, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3815 -- Rep. Mangum: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING, HOUSING, ELECTRICAL, PLUMBING, AND GAS CODES, SO AS TO PROVIDE FOR REGULATIONS ADOPTED BY THE BUILDING CODE COUNCIL TO BE APPROVED BY THE BUDGET AND CONTROL BOARD PRIOR TO BEING SUBMITTED TO THE GENERAL ASSEMBLY.

Referred to Committee on Labor, Commerce and Industry.

On motion of Rep. LOCKEMY, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3818 -- Reps. Lockemy and McLeod: A BILL TO LIMIT THE AMOUNT WHICH MAY BE CHARGED FOR THE PERFORMANCE OF A MARRIAGE CEREMONY AND TO PROVIDE A TAX ON PERSONS PERFORMING MARRIAGE CEREMONIES FOR NONRESIDENTS.

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

H. 3548--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. HUFF, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 3548 -- Rep. Schwartz: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-95 SO AS TO REQUIRE THE ASSESSOR TO NOTIFY PROPERTY OWNERS AND MORTGAGEES WITHIN THIRTY DAYS OF A CHANGE IN A TAX MAP NUMBER, TO PROHIBIT ASSESSING A LATE PAYMENT PENALTY WHEN TIMELY NOTICE IS NOT GIVEN, AND TO REQUIRE THE PROMPT REFUND OF ERRONEOUSLY PAID TAXES DUE TO A CHANGE IN A TAX MAP NUMBER.

CONCURRENT RESOLUTION

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

H. 3816 -- Rep. Lewis: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO DESIGNATE A SUITABLE AREA WITHIN LAKE WATEREE STATE PARK AS THE "BEN F. HORNSBY ISLAND RECREATION AREA" IN RECOGNITION OF THE OUTSTANDING PUBLIC SERVICE ON BEHALF OF FAIRFIELD COUNTY AND THE STATE OF FORMER SENATOR AND REPRESENTATIVE HORNSBY.

Whereas, the South Carolina Parks, Recreation and Tourism Department recently opened Lake Wateree State Park in Fairfield County; and

Whereas, Ben F. Hornsby was instrumental in promoting the creation of the State Park; and

Whereas, Mr. Hornsby has been prominent in the affairs of Fairfield County having represented the county as a member of the House of Representatives and the Senate; and

Whereas, the many meaningful contributions to his county and state of this popular and dedicated public servant should be recognized by a lasting memorial to his achievements. Now, therefore,

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

That the South Carolina Department of Parks, Recreation and Tourism is requested to designate a suitable area within Lake Wateree State Park as the "Ben F. Hornsby Island Recreation Area" in recognition of the outstanding public service of former Senator and Representative Hornsby and to conduct a ceremony dedicating the area.

Be it further resolved that the department post attractive markers at appropriate entrances to the area with "Ben F. Hornsby Island Recreation Area" inscribed on the markers.

Be it further resolved that a copy of this resolution be forwarded to Mr. Hornsby.

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

CONCURRENT RESOLUTION

On motion of Rep. J. ANDERSON, with unanimous consent, the following was introduced.

H. 3817 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING COMMANDER ROBERT MITCHELL SCOTT OF EDGEFIELD COUNTY UPON ASSUMING COMMAND OF THE USS PENSACOLA.

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

Rep. KIRSH asked unanimous consent to introduce a Bill.

Rep. J. BRADLEY objected.

Rep. T.M. BURRISS asked unanimous consent to introduce a Bill.

Rep. J. BRADLEY objected.

Rep. P. HARRIS 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 -- Reps. McTeer, Schwartz, Alexander, Altman, J. Anderson, S. Anderson, J. Arthur, W. Arthur, Aydlette, G. Bailey, K. Bailey, Barfield, Beasley, Bennett, Blackwell, Blanding, Blatt, Boan, J. Bradley, P. Bradley, Brett, G. Brown, H. Brown, J. Brown, R. Brown, J.H. Burriss, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cleveland, Cooper, Cork, Dangerfield, Davenport, Day, Derrick, Edwards, Elliott, Evatt, Faber, Fair, Felder, Ferguson, Foster, Foxworth, Freeman, Gentry, Gilbert, Gordon, Gregory, Griffin, J. Harris, P. Harris, Harvin, Hawkins, Hayes, Hearn, Helmly, B.L. Hendricks, Lloyd Hendricks, Holt, Huff, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lake, Lewis, Limehouse, Lockemy, Mangum, Marchant, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McKay, McLellan, McLeod, Mitchell, Moss, Neilson, Nettles, Ogburn, Pearce, Petty, L. Phillips, O. Phillips, Rawl, Rhoad, Rice, Rigdon, J. Rogers, T. Rogers, Russell, Sharpe, Sheheen, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Toal, Townsend, Tucker, Waldrop, Washington, White, Wilkins, Williams, Winstead and Woodruff: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE WILLIAM L. RHODES, JR., OF HAMPTON COUNTY AND EXTENDING SYMPATHY TO THE MEMBERS OF HIS FAMILY.

H. 3799 -- Rep. J. Anderson: A CONCURRENT RESOLUTION TO COMMEND MARTHA LOUISE WILLIAMS OF EDGEFIELD, IN EDGEFIELD COUNTY, UPON THE COMPLETION OF HER BRILLIANT CAREER AS A MEMBER OF THE PRESBYTERIAN COLLEGE "LADY BLUE HOSE" BASKETBALL TEAM.

H. 3811 -- Reps. Nettles, McEachin, McLeod, McKay and Gilbert: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. WILLIAM H. JOHNSON OF LAKE CITY, FLORENCE COUNTY, UPON HIS PASSING.

H. 3817 -- Rep. J. Anderson: A CONCURRENT RESOLUTION CONGRATULATING COMMANDER ROBERT MITCHELL SCOTT OF EDGEFIELD COUNTY UPON ASSUMING COMMAND OF THE USS PENSACOLA.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. P. HARRIS adjourned to meet at 10:00 A.M. tomorrow.

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