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

WEDNESDAY, MARCH 6, 1991

Wednesday, March 6, 1991
(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:

Eternal God and Father, near to be our constant Companion and ever ready to be our unfailing Help, deliver us from troubling doubt, free us from littleness of faith, and spare us from all that would promote disunity and confusion. Help Your people everywhere to turn away from all that would stifle the liberties of free people and lead all to the fresh air of freedom, justice, goodwill and peace. Bless us and make us a blessing to others.

Enable us to say with the Psalmist: "My God, in Him will I trust"
(Psalm 91:2b). Amen.

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

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

REPORTS OF STANDING COMMITTEES

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

H. 3301 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

Ordered for consideration tomorrow.

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

H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.

Ordered for consideration tomorrow.

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

H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

Ordered for consideration tomorrow.

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

H. 3526 -- Reps. T.C. Alexander and Phillips: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE FEASIBILITY AND COST OF REPLACING HIGHWAY SIGNS STATING "SLOWER TRAFFIC KEEP RIGHT" WITH SIGNS STATING "KEEP RIGHT EXCEPT TO PASS" AND TO REPORT ITS FINDINGS TO THE APPROPRIATE HOUSE AND SENATE COMMITTEES.

Ordered for consideration tomorrow.

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

H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.

Ordered for consideration tomorrow.

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

S. 690 -- Senator Land: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO MAKE FEDERALLY- FUNDED MEDICAL PAYMENTS EQUALIZED FOR EQUAL TREATMENT AT ALL MEDICAL FACILITIES ELIGIBLE FOR THESE PAYMENTS SO AS TO ENCOURAGE MORE DOCTORS TO PRACTICE MEDICINE IN RURAL AREAS IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

Ordered for consideration tomorrow.

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

H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.

Ordered for consideration tomorrow.

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

S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3543 -- Reps. Harvin, Carnell, Kinon, Wofford, Rudnick, Short, Hendricks, Fair, Houck, Hayes, D. Martin, Jaskwhich, J. Williams, J. Harris, Burch, Marchbanks, Meacham, Gonzales, McCraw, Bruce, Cato, Ross, Foster, Baker, Haskins, Kirsh, Glover, McGinnis, Kempe, Cooper, Burriss, Sharpe, Sturkie, G. Brown, Beatty, Rogers, Barber, H. Brown, Felder, Cromer, Wright, White, Smith, Koon, Scott, McLeod, J. Brown, G. Bailey, Klapman, Wells, Altman, Snow, Vaughn, Hodges, McAbee, Shirley, P. Harris, McTeer, T.C. Alexander, Littlejohn, Carnell, and D. Elliott: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

Ordered for consideration tomorrow.

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

H. 3140 -- Rep. Rama: A BILL TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO PROHIBIT THE DEVICES.

Ordered for consideration tomorrow.

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

H. 3183 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.

Ordered for consideration tomorrow.

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

H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.

Ordered for consideration tomorrow.

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

H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.

Ordered for consideration tomorrow.

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

H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.

Ordered for consideration tomorrow.

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

H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

Ordered for consideration tomorrow.

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

H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

Ordered for consideration tomorrow.

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

S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.

Ordered for consideration tomorrow.

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

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.

Ordered for consideration tomorrow.

Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3643 -- Reps. McAbee, McTeer, Rhoad, Cole, Mattos, L. Elliott, Keesley, Cromer, Scott, Felder, Bruce, Kempe, Houck, T.C. Alexander, Hodges, Vaughn, Hendricks, Harwell, Wilkins, Koon, McCraw, Baker, Phillips, Cooper, Cato, Huff, Altman, Chamblee, Kirsh, Meacham, Gonzales, R. Young, Neilson, Gregory, Snow, Beatty, J. Bailey, Farr, Corbett, G. Brown, Rama, Smith, Klapman, Quinn, Wright, Haskins, White, McKay, D. Williams, Holt, Townsend, P. Harris, Bennett and Wilder: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 29, 1991.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, March 29, 1991.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 659 -- Senators Drummond, Bryan and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

Whereas, the Armed Forces of the State of South Carolina date their establishment from 1670 when the settlement at Charles Towne of the Province of Carolina, was founded and the first militia was organized for defense of the settlement; and

Whereas, for more than three hundred twenty years, the Armed Forces of the State of South Carolina have maintained the proud tradition of service to the people of this State, volunteering to serve both in time of peace and in time of war, in such notable organizations and under such trying conditions as the repulse of the French and Spanish, the invasion of Florida and the siege of St. Augustine in 1706; the Yemassee Uprising of 1715; Vander Dussen's South Carolina Regiment of 1740 which accompanied the forces of General Oglethorpe in the invasion of Florida to further the security of the small settlement in Georgia; Howarth's South Carolina Regiment of 1757 and Middleton's South Carolina Regiment of 1760 known as "The Buffs"; and the many local companies of mounted Rangers as well as the four county regiments of militia who defended the ever expanding frontiers of South Carolina from 1716 until 1761; the six regular regiments of South Carolina Forces, The Continental Line, raised in 1775 and lost to the British in 1780; the many South Carolina regiments of militia which provided troops in defense of the Province and the State from 1775 until 1780 and which were reformed into three brigades under Generals Marion, Pickens, and Sumter, serving until the departure of the British and the Loyalists of South Carolina in 1783; the militia which volunteered in 1807 following the Chesapeake-Leopard Affair, of whom the Washington Light Infantry of Charleston remains; the militia which volunteered to defend the State and Nation once more in 1812 and again in 1846 to form the glorious Palmetto Regiment which raised its flag over the halls of Montezuma and of Santa Ana, avenging the noble volunteers from South Carolina who died at The Alamo; the thousands of militia who volunteered as units and as individuals during the War of 1861-1865; and those who volunteered as units and as individuals in 1898; and

Whereas, since the early part of the twentieth century, a part of the militia of South Carolina has been organized as the National Guard, and the National Guard has been called to leave the State of South Carolina in the service of the nation on four occasions and even now, many hundreds of South Carolina National Guardsmen and women have been called upon and are serving this country in the war in the Persian Gulf; and

Whereas, the State of South Carolina has depended upon another component of the militia, called first the South Carolina Militia Reserve during World War I, the South Carolina Defense Force from 1941 to 1944, and the South Carolina State Guard, 1944 until the present time, to defend the State and to provide military assistance to civil authorities; and

Whereas, the South Carolina Defense Force was established on the twenty-first of March, 1941, when Governor Burnet Rhett Maybank signed Act 54 of the 84th General Assembly of the State of South Carolina; and

Whereas, the South Carolina Defense Force, now the South Carolina State Guard, composed entirely of volunteers has served in the best tradition of its many ancestor organizations from 1941 until 1947, and now since 1981. Now, therefore,

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

That the members of the General Assembly upon the fiftieth anniversary of the establishment of the South Carolina Defense Force commend the many volunteers in this force who have served this State with dedication and honor with no thought of recompense, joining together in the resolve that no possible thing be left undone that would help to protect our homeland, to express that the gratitude of South Carolina for this service is deep and lasting and to recognize this auspicious occasion by attending the fiftieth anniversary ceremony on Thursday, March 21, 1991, at 11:00 A.M. on the south steps of the State House.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 729 -- Senators Nell W. Smith and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY HAMBY OF EASLEY UPON BEING CHOSEN AS MS. SENIOR SOUTH CAROLINA AND TO WISH HER WELL AS SHE COMPETES FOR THE NATIONAL TITLE IN APRIL IN ATLANTIC CITY.

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

INTRODUCTION OF BILLS

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

H. 3644 -- Reps. Waites, Wright, Cromer, L. Elliott, Klapman, Scott, Neilson, Corning, Keegan and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-100 SO AS TO REQUIRE NOTIFICATION TO LOCAL LAW ENFORCEMENT AUTHORITIES AND THE LOCAL LEGISLATIVE DELEGATION UPON A LICENSE APPLICATION OR RENEWAL TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.

Referred to Committee on Labor, Commerce and Industry.

H. 3645 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-185 SO AS TO PROVIDE THAT ANY PERSON CERTIFIED BY THE STATE FIRE MARSHAL TO SERVICE, INSTALL, OR REPAIR A PARTICULAR TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM IS ENTITLED TO SERVICE, INSTALL, OR REPAIR ANY OTHER TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM UPON REQUEST OF THE OWNER OF THE SYSTEM IF NOT OTHERWISE PROHIBITED FROM SERVICING, INSTALLING, OR REPAIRING THAT SYSTEM BY THE MANUFACTURER THEREOF.

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

H. 3646 -- Reps. Cromer, D. Williams, Huff, Kempe, Littlejohn, Wells, Whipper, Beatty and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-75 SO AS TO PROVIDE THAT THE RESTROOM FACILITIES IN ANY PLACE OF BUSINESS IN THIS STATE OF A RETAILER SELLING TANGIBLE PERSONAL PROPERTY MUST BE AVAILABLE FOR USE BY PURCHASERS OR PROSPECTIVE PURCHASERS ENTERING THIS PLACE OF BUSINESS UPON THEIR REQUEST.

Referred to Committee on Labor, Commerce and Industry.

H. 3647 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1303, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MORTGAGE LOAN BROKER CERTIFICATE OF REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1305, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

Without reference.

H. 3652 -- Reps. Beasley, Hayes, Fair, Wells, Cooper, R. Young, Keegan, Corbett, Koon, Sturkie, McCain, Sharpe, Quinn, Haskins, H. Brown, Littlejohn, Marchbanks, Klapman, Felder, Vaughn, Bruce and Wright: A BILL TO ENACT THE "HUMAN LIFE PROTECTION ACT"; TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE'S ABORTION LAW, SO AS TO DEFINE "UNBORN CHILD"; TO AMEND THE 1976 CODE BY ADDING SECTION 44-41-25 SO AS TO PROHIBIT AN ABORTION UNLESS THE ATTENDING PHYSICIAN REASONABLY DETERMINES, IN HIS OR HER MEDICAL JUDGMENT, THAT THE PREGNANT WOMAN'S LIFE WOULD BE ENDANGERED IF THE UNBORN CHILD WERE CARRIED TO TERM AND RECORDS THE BASIS FOR THAT MEDICAL JUDGMENT; TO AMEND SECTION 44-41-80, RELATING TO PERFORMING OR SOLICITING AN UNLAWFUL ABORTION, PENALTIES, AND COMPELLING THE TESTIMONY OF A WOMAN UPON WHOM AN ABORTION HAS BEEN PERFORMED OR ATTEMPTED IN VIOLATION OF CHAPTER 41 OF TITLE 44, SO AS TO INCREASE THE PENALTY FOR PERFORMING AN UNLAWFUL ABORTION AND DELETE THE PROVISIONS OF LAW THAT A WOMAN WHO SOLICITS OF ANY PERSON OR OTHERWISE PROCURES ANY DRUG, MEDICINE, PRESCRIPTION, OR SUBSTANCE AND ADMINISTERS IT TO HERSELF OR WHO SUBMITS TO ANY OPERATION OR PROCEDURE OR WHO USES OR EMPLOYS ANY DEVICE OR INSTRUMENT OR OTHER MEANS WITH INTENT TO PRODUCE AN ABORTION, UNLESS IT IS NECESSARY TO PRESERVE HER LIFE, IS GUILTY OF A MISDEMEANOR AND MUST BE PUNISHED BY IMPRISONMENT FOR NOT MORE THAN TWO YEARS OR FINED NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH; TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT; TO PROVIDE THAT, IF ANY PROVISION OF THIS ACT IS AT ANY TIME TEMPORARILY OR PERMANENTLY RESTRAINED OR ENJOINED BY JUDICIAL ORDER OR DECLARED UNCONSTITUTIONAL, SECTIONS 44-41-10, 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35, 44-41-36, AND 44-41-37, RELATING TO DEFINITIONS, CONSENT REQUIREMENTS, AND ABORTIONS REGARDING MINORS AND RELATED PROVISIONS, SHALL HAVE FULL FORCE AND EFFECT, AND PROVIDE THAT, IF ANY SUCH TEMPORARY OR PERMANENT RESTRAINING ORDER OR INJUNCTION IS EVER STAYED OR DISSOLVED, OR SUCH DECLARATION OF UNCONSTITUTIONALITY IS EVER REVERSED OR OTHERWISE CEASES TO HAVE EFFECT, THE PROVISIONS OF THIS ACT SHALL HAVE FULL FORCE AND EFFECT WITHOUT REGARD TO SECTIONS 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35, 44-41-36, AND 44-41-37, WHICH, IN THAT CASE, ARE REPEALED AND REPLACED BY THE PROVISIONS OF THIS ACT; AND TO REPEAL SECTION 44-41-20, RELATING TO LEGAL ABORTIONS IN SOUTH CAROLINA.

Referred to Committee on Judiciary.

S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.

Referred to Committee on Judiciary.

S. 359 -- Senators Passailaigue, Rose and Martschink: A BILL TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200, SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

MOTION ADOPTED

Rep. FARR moved that when the House adjourns it adjourn in memory of Mrs. Wilma Greer of Union County, which was agreed to.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Cromer                 Elliott, L.
Farr                   Felder                 Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harris, P.             Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Lanford                Littlejohn             Manly
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rhoad
Ross                   Scott                  Sharpe
Sheheen                Smith                  Snow
Stoddard               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 6.

Ken Corbett                       Robert Hayes
Roger Young                       Grady Brown
David Wright                      Irene K. Rudnick
Mike Jaskwhich                    John Rama
Mike Fair                         Maggie W. Glover
Ronald P. Townsend                Tim Rogers
Jack Gregory                      Ken Bailey
Lenoir Sturkie                    Dick Elliott
Paul Short                        Alex Harvin, III
Jean L. Harris
Total Present--112

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. D. MARTIN a leave of absence for the week.

STATEMENT OF ATTENDANCE

Rep. J.B. WILLIAMS 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, February 28.

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

H. 3064 -- Reps. P. Harris, Carnell, Corning, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.

H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

H. 3041 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.

H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.

H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

H. 3491 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT, UPON VERIFICATION BY THE COUNTY VETERANS' AFFAIRS OFFICER THAT THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS HAS RATED A NONSERVICE-CONNECTED VETERAN AS ENTITLED TO CERTAIN BENEFITS, A PLACARD MUST BE ISSUED PURSUANT TO SECTION 56-3-1960 (FREE PARKING FOR HANDICAPPED PERSONS) WITHOUT THE NECESSITY OF PHYSICIAN'S STATEMENT AND WITHOUT FEES.

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

H. 3268--DEBATE ADJOURNED

Rep. WILKES moved to adjourn debate upon the following Bill until Tuesday, March 19, which was adopted.

H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.

ORDERED TO THIRD READING

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

H. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

H. 3622 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

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

S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3086--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Judiciary Committee proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18265.SD), which was adopted.

Amend the bill, as and if amended, by striking Section 6-11-105 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 6-11-105.     The governing body of a county by ordinance may place an emergency ban on the burning of trash or debris within a special purpose district or public service district in the county providing fire protection services for a specified period of time if circumstances require, except that no ban may be placed on burning conducted for agricultural, forestry, and wildlife purposes as authorized by the South Carolina Forestry Commission.

A person violating such an ordinance is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for a term not exceeding thirty days./

Amend title to conform.

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

H. 3036--DEBATE ADJOURNED

The following Bill was taken up.

H. 3036 -- Rep. Kirsh: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR THE PRETRIAL INTERVENTION PROGRAM, SO AS TO EXCLUDE PERSONS FROM THE PROGRAM WHO ARE CHARGED WITH CERTAIN DRIVER'S LICENSE AND ALCOHOL-RELATED OFFENSES.

Rep. TUCKER moved to adjourn debate upon the Bill until Tuesday, March 19.

Rep. NETTLES moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Tuesday, March 19, which was agreed to.

H. 3176--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 28, by the Committee on Labor, Commerce and Industry.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9218.JM), which was tabled.

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

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

"Section 15-75-51.     (A)     The penalty provided by Section 15-75-50, including injunctive relief, may not be imposed unless the person who is alleged to have violated that section does so after being instructed in writing by the receiver of the unsolicited advertising material not to transmit the material.

(B)     For the purposes of this section, 'person' and 'unsolicited advertising material' mean the same as provided by Section 15-75-50."/

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

Rep. M.O. ALEXANDER spoke against the amendment.

Rep. QUINN spoke in favor of the amendment.

Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to by a division vote of 39 to 11.

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

H. 3339--DEBATE ADJOURNED

Rep. L. MARTIN moved to adjourn debate upon the following Bill until Tuesday, March 19, which was adopted.

H. 3339 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.

H. 3376--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 5, by the Committee on Education and Public Works.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

H. 3385--OBJECTIONS

The following Bill was taken up.

H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 5, by the Committee on Education and Public Works.

Rep. FARR explained the amendment.

Reps. KIRSH, KLAPMAN, BENNETT and McLEOD objected to the Bill.

Rep. BURRISS moved to table the Bill, which was not agreed to.

Rep. BURRISS objected to the Bill.

H. 3619--POINT OF ORDER

The following Bill was taken up.

H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.

POINT OF ORDER

Rep. KLAPMAN raised the Point of Order that H. 3619 was out of order as it did not have a fiscal impact statement attached.

The SPEAKER sustained the Point of Order.

H. 3621--TABLED

The following Joint Resolution was taken up.

H. 3621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALDROP moved to table the Joint Resolution, which was agreed to.

S. 654--DEBATE ADJOURNED

Rep. J.C. JOHNSON moved to adjourn debate upon the following Bill until Thursday, March 7, which was adopted.

S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.

H. 3092--MOTION TO RECONSIDER TABLED

The motion of Rep. HUFF to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, Corning, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Rep. BRUCE moved to table the motion to reconsider.

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

Yeas 56; Nays 41

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Baxley                 Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Fair                   Farr                   Fulmer
Gentry                 Gonzales               Hallman
Haskins                Hodges                 Holt
Jaskwhich              Kinon                  Kirsh
Koon                   Littlejohn             Marchbanks
Martin, L.             McAbee                 McCain
McCraw                 McGinnis               McKay
McLeod                 Nettles                Phillips
Quinn                  Rama                   Rhoad
Sharpe                 Smith                  Snow
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Wilder
Williams, D.           Wofford                Wright
Young, A.              Young, R.

Total--56

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Beatty                 Bennett                Brown, J.
Burriss                Corbett                Cork
Corning                Cromer                 Elliott, L.
Felder                 Glover                 Gregory
Harwell                Hayes                  Hendricks
Houck                  Huff                   Keegan
Keesley                Keyserling             Klapman
Manly                  Mattos                 McElveen
McTeer                 Meacham                Neilson
Ross                   Rudnick                Scott
Sheheen                Stoddard               Waites
Whipper                White                  Wilkes
Wilkins                Williams, J.

Total--41

So, the motion to reconsider was tabled.

H. 3463--SENATE AMENDMENTS AMENDED AND BILL
RETURNED TO THE SENATE

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

H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

RECORD FOR JOURNAL

I would like to be recorded as not voting on the Senate amendments on H. 3463 due to conflict of interest.

Rep. DAVE WALDROP

RECORD FOR JOURNAL

Conflict of Interest:

Due to the fact that my family owns and operates a poultry processing facility in the State of South Carolina it would be a conflict of interest for me to cast a vote.

Respectfully,

Rep. LARRY E. GENTRY

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 27, by Rep. McCAIN.

Rep. McCAIN explained the amendment.

Rep. BOAN spoke in favor of the amendment.

Rep. HARWELL spoke against the amendment.

Reps. McCAIN, HODGES and MATTOS spoke in favor of the amendment.

Rep. G. BROWN spoke against the amendment.

ACTING SPEAKER TUCKER IN CHAIR

Rep. G. BROWN continued speaking.

Rep. SHEHEEN spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. KOON spoke against the amendment.

Rep. KINON spoke against the amendment.

Rep. SNOW moved to table the amendment.

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

Yeas 62; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Baxley                 Beasley                Bennett
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Burriss
Carnell                Chamblee               Cooper
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Foster
Fulmer                 Glover                 Gonzales
Hallman                Harris, P.             Harwell
Haskins                Keegan                 Keesley
Kinon                  Koon                   Littlejohn
Martin, L.             Martin, M.             McAbee
McCraw                 McLeod                 Meacham
Neilson                Phillips               Quinn
Rama                   Rhoad                  Ross
Sharpe                 Smith                  Snow
Stoddard               Townsend               Vaughn
Wells                  Wilder                 Wilkins
Williams, D.           Wofford                Wright
Young, A.              Young, R.

Total--62

Those who voted in the negative are:

Bailey, J.             Barber                 Beatty
Boan                   Cato                   Clyborne
Cole                   Corbett                Cork
Corning                Cromer                 Gregory
Hayes                  Hendricks              Hodges
Holt                   Houck                  Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kempe                  Keyserling             Kirsh
Klapman                Marchbanks             Mattos
McCain                 McElveen               McGinnis
McKay                  McTeer                 Nettles
Rudnick                Scott                  Sheheen
Short                  Sturkie                Tucker
Waites                 Whipper                White
Wilkes                 Williams, J.

Total--44

So, the amendment was tabled.

Reps. HASKINS, HALLMAN, SHARPE, SNOW, G. BAILEY, KINON, BRUCE, L. MARTIN, LITTLEJOHN, McABEE, FULMER, P. HARRIS, TOWNSEND, McLEOD and KOON proposed the following Amendment No. 3, which was adopted.

Amend the bill, as and if amended, by adding a new appropriately numbered section; to wit:

SECTION ___.     Section 12-36-2120 of the 1976 Code, as added by Act 612 of 1990, is amended by adding the following appropriately numbered item:

"( )     gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock."

Rep. HASKINS explained the amendment.

The amendment was then adopted.

Reps. T. ALEXANDER and ROSS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding after /milk/ on line 29 of page 4 the following /and used in the production, and packaging of apples/.

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5424.HC), which was adopted.

Amend the bill, as and if amended, by striking Section 3 and inserting:

/SECTION 3. (A) Section 12-36-2120 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended by adding two appropriately numbered items to read:

"( )     electricity used exclusively in the production of poultry, livestock, swine, and milk according to the following schedule of the exempt amount:

(a)     twenty percent from July 1, 1992, through June 30, 1993;

(b)     forty percent from July 1, 1993, through June 30, 1994;

(c)     sixty percent from July 1, 1994, through June 30, 1995;

(d)     eighty percent from July 1, 1995, through June 30, 1996;

(e)     one hundred percent after June 30, 1996;

( )     electricity used to irrigate crops according to the following schedule of the exempt amount:

(a)     twenty percent from July 1, 1992, through June 30, 1993;

(b)     forty percent from July 1, 1993, through June 30, 1994;

(c)     sixty percent from July 1, 1994, through June 30, 1995;

(d)     eighty percent from July 1, 1995, through June 30, 1996;

(e)     one hundred percent after June 30, 1996;"

(B)     Section 12-36-2120(32) of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended to read:

"(32)     natural and liquified petroleum gas used exclusively in the production of poultry, livestock, swine, and milk;, except that in the case of the exemption for livestock, swine, and milk, the exempt amounts are as follows:

(a)     twenty percent from July 1, 1992, through June 30, 1993;

(b)     forty percent from July 1, 1993, through June 30, 1994;

(c)     sixty percent from July 1, 1994, through June 30, 1995;

(d)     eighty percent from July 1, 1995, through June 30, 1996;

(e)     one hundred percent after June 30, 1996;"/

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

Rep. McLEOD moved to table the amendment.

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

Yeas 19; Nays 84

Those who voted in the affirmative are:

Baker                  Baxley                 Chamblee
Clyborne               Cooper                 Elliott, L.
Fair                   Glover                 Harwell
Haskins                Keegan                 Kinon
Koon                   McLeod                 Meacham
Neilson                Stoddard               Townsend
Vaughn

Total--19

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Beasley                Beatty
Bennett                Boan                   Brown, J.
Bruce                  Burch                  Burriss
Carnell                Cato                   Cole
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Felder
Foster                 Fulmer                 Gonzales
Gregory                Hallman                Harris, P.
Hayes                  Hendricks              Hodges
Holt                   Houck                  Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keesley                Kempe                  Keyserling
Kirsh                  Klapman                Lanford
Littlejohn             Manly                  Marchbanks
Martin, L.             Martin, M.             Mattos
McAbee                 McCain                 McCraw
McElveen               McKay                  McTeer
Nettles                Quinn                  Rama
Rhoad                  Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Short                  Smith                  Snow
Sturkie                Tucker                 Waites
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--84

So, the House refused to table the amendment.

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

Reps. PHILLIPS and McCRAW proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding after /milk/ on line 29 of page 4 the following /and used in the production and packaging of apples and peaches/.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

Rep. McELVEEN spoke upon the amendment.

Rep. HARWELL spoke in favor of the amendment.

Rep. HODGES spoke upon the amendment.

Rep. McLEOD spoke in favor of the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding after /peaches/ on line 29 of page 4 the following /and Agriculture and Aquaculture Products/.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Reps. CORNING and WILKES proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding an appropriately numbered section to read as follows:

Section ___. Retail sale of food products

Rep. CORNING explained the amendment.

Rep. SHARPE moved to table the amendment, which was not agreed to.

Rep. McLEOD spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 85; Nays 18

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Burriss                Cato                   Chamblee
Clyborne               Corbett                Cork
Corning                Cromer                 Elliott, D.
Fair                   Farr                   Felder
Foster                 Gentry                 Glover
Gonzales               Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Marchbanks
Martin, L.             Martin, M.             Mattos
McCain                 McCraw                 McElveen
McGinnis               McKay                  McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Ross                   Rudnick                Sheheen
Short                  Smith                  Sturkie
Tucker                 Vaughn                 Waites
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Wofford                Wright
Young, A.

Total--85

Those who voted in the negative are:

Alexander, M.O.        Beasley                Brown, J.
Carnell                Cooper                 Elliott, L.
Fulmer                 Hallman                Harris, P.
Hayes                  McAbee                 McLeod
Rhoad                  Scott                  Sharpe
Snow                   Stoddard               Townsend

Total--18

So, the amendment was adopted.

Rep. LANFORD proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding after /products/ on line 29 of page 4 the following /of hardwood caskets/.

Amend title to conform.

Rep. LANFORD explained the amendment.

Rep. P. HARRIS moved that the House do now adjourn.

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

Yeas 29; Nays 76

Those who voted in the affirmative are:

Alexander, M.O.        Baker                  Baxley
Brown, G.              Carnell                Chamblee
Clyborne               Cooper                 Cork
Elliott, L.            Fair                   Foster
Gregory                Harris, P.             Hendricks
Houck                  Keyserling             Kinon
Kirsh                  Marchbanks             McAbee
McCraw                 McKay                  Nettles
Rhoad                  Short                  Townsend
Tucker                 Wilder

Total--29

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, J.
Bailey, K.             Barber                 Beasley
Beatty                 Bennett                Boan
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Cato
Corbett                Corning                Cromer
Elliott, D.            Farr                   Felder
Fulmer                 Gentry                 Gonzales
Hallman                Harvin                 Harwell
Haskins                Hayes                  Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Klapman
Koon                   Lanford                Littlejohn
Manly                  Martin, L.             Martin, M.
Mattos                 McCain                 McElveen
McGinnis               McLeod                 McTeer
Meacham                Neilson                Phillips
Quinn                  Rama                   Ross
Rudnick                Scott                  Sharpe
Sheheen                Smith                  Snow
Sturkie                Vaughn                 Waites
Wells                  Whipper                White
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Wright
Young, A.

Total--76

So, the House refused to adjourn.

Rep. LANFORD continued speaking.

The amendment was then adopted.

Rep. M.O. ALEXANDER moved that the House recede until 2:00 P.M., which was rejected by a division vote of 4 to 83.

Rep. WILKES proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\CYY\18275.SD), which was adopted.

Amend the bill, as and if amended, in item (32) of Section 12-36-2120 of the 1976 Code, as contained in SECTION 3, by adding after /caskets/ on line 29 of page 4 the following /silviculture/.

Amend title to conform.

Rep. WILKES explained the amendment.

The amendment was then adopted.

RECORD FOR JOURNAL

My duties as a Trustee over some 7,000 acres of timberland require me to abstain from voting on Amendment #11 H. 3463.

Rep. BOB SHEHEEN

RECORD FOR VOTING

H. 3463: There were a number of voice votes on amendments granting exemptions. I want to go on record as voting no on all of the voice votes.

Rep. CANDY WAITES

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

Rep. SNOW moved that the House do now adjourn.

POINT OF ORDER

Rep. VAUGHN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

H. 3508--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 3508 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.

Rep. T.C. ALEXANDER explained the Senate amendment.

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

SENT TO THE SENATE

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

H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, Corning, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

H. 3616--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 1991.

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

That the Honorable Robert S. Turner of Georgia, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 27, 1991.

The question then recurred to the adoption of the Resolution.

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

Yeas 80; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Barber
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Cooper                 Elliott, D.            Elliott, L.
Fair                   Felder                 Foster
Gentry                 Gonzales               Gregory
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Houck
Huff                   Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Kinon                  Klapman                Koon
Littlejohn             Manly                  Marchbanks
Martin, L.             McAbee                 McCain
McCraw                 McElveen               McGinnis
McKay                  McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Short                  Smith                  Snow
Townsend               Tucker                 Vaughn
Wells                  Wilder                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.

Total--80

Those who voted in the negative are:

TOTAL--0

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

MOTION PERIOD

Rep. SHARPE moved to dispense with the Motion Period.

As a first substitute Rep. HASKINS moved to recall H. 3150 from the Education and Public Works Committee.

As a second substitute Rep. SHARPE moved to dispense with the balance of the Motion Period.

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

Yeas 60; Nays 28

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Bailey, K.
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Chamblee               Cooper                 Elliott, D.
Fair                   Farr                   Felder
Foster                 Gentry                 Gregory
Hallman                Harris, P.             Harvin
Hayes                  Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Keegan                 Kirsh                  Littlejohn
Marchbanks             Martin, L.             Martin, M.
Mattos                 McCain                 McCraw
McGinnis               McKay                  McLeod
McTeer                 Nettles                Phillips
Quinn                  Rhoad                  Ross
Rudnick                Scott                  Sharpe
Short                  Snow                   Townsend
Tucker                 White                  Williams, D.
Wofford                Wright                 Young, A.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Cato                   Corbett                Cork
Cromer                 Elliott, L.            Glover
Gonzales               Haskins                Houck
Jaskwhich              Kempe                  Keyserling
Koon                   Manly                  Meacham
Neilson                Rogers                 Smith
Sturkie                Vaughn                 Waites
Whipper                Wilkes                 Wilkins
Williams, J.

Total--28

So, the balance of the Motion Period was dispensed with.

Rep. McGINNIS moved that the House do now adjourn.

POINT OF ORDER

Rep. SNOW raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

MOTION ADOPTED

Rep. BOAN moved that while debating H. 3650, the General Appropriations Bill, the Bills on the Calendar be printed by number only, which was agreed to.

Rep. WILKINS moved that the House recur to the morning hour.

Rep. RUDNICK moved to table the motion.

Rep. Huff demanded the yeas and nays, which were not ordered.

The motion to recur was tabled by a division vote of 43 to 30.

H. 3453--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

Rep. HASKINS was recognized.

Rep. SNOW moved that the House do now adjourn.

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. HASKINS having been recognized.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Mrs. Wilma Greer of Union County, to meet at 10:00 A.M. tomorrow.

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