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

TUESDAY, MAY 7, 1991

Tuesday, May 7, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Inspire us, good Lord, to be good stewards of the time You give us, always remembering that counting time is not nearly so important as making time count. Teach us that a limited talent used is worth infinitely more than a genius that is idle, and that time lost is never found again. Give us such dauntless trust in God as to enable us to go beyond what we can see. Make us to understand that knowing how to make a living is good, but knowing how to live is better.

To You, our God, be all honor and glory forever. Amen.

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

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

CONCURRENT RESOLUTION

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

H. 3977 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.

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

That 12:00 noon on Wednesday, May 8, 1991, is fixed as the time for electing a successor to The Honorable George T. Gregory, Jr., Chief Justice of the Supreme Court, whose term expires on July 31, 1994.

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

INTRODUCTION OF BILLS

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

H. 3978 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO FEES AND REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3979 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO EXEMPTIONS FROM LICENSURE; EXAMINATIONS, SCHEDULING AND GRADING; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 949 -- Senators J. Verne Smith and Stilwell: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF PRECINCT 56, PLEASANT GROVE, AND PROVIDE FOR A NEW POLLING PLACE FOR THAT PRECINCT, AND TO ESTABLISH A NEW PRECINCT, NAMELY, 56A, RIVERSIDE, AND PROVIDE FOR ITS POLLING PLACE.

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

S. 956 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. BENNETT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Baxley                 Beasley                Bennett
Brown, H.              Brown, J.              Bruce
Burriss                Carnell                Cato
Chamblee               Clyborne               Cooper
Cork                   Corning                Cromer
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Hallman                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jaskwhich              Jennings
Johnson, J.C.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McCraw                 McGinnis
McKay                  McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkins                Williams, D.           Williams, J.
Wofford                Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 7.

Paul M. Burch                     David Wright
Maggie W. Glover                  Curtis B. Inabinett
J.W. Johnson, Jr.                 Robert A. Barber
Ronald P. Townsend                Stephen Gonzales
Grady Brown                            Tim Wilkes
Don Beatty                        Derham Cole
George H. Bailey                  William D. Boan
Steve Lanford                     C. Lenoir Sturkie
Morgan Martin                     Dick Elliott
Total Present--111

LEAVES OF ABSENCE

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

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

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 1.

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 262 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.

H. 3933--MOTION TO RECONSIDER TABLED
AND SENT TO THE SENATE

The motion of Rep. FELDER to reconsider the vote whereby the following Joint Resolution was given a second reading was taken up.

H. 3933 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. FELDER moved to table the motion to reconsider, which was agreed to.

The Joint Resolution was read the third time, and ordered sent to the Senate.

SENT TO THE SENATE

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

H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.

H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

H. 3540--DEBATE ADJOURNED

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution.

H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.

Rep. CORNING explained the Joint Resolution.

Rep. McELVEEN moved to adjourn debate upon the Joint Resolution, which was adopted.

H. 3312--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

Rep. HAYES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\1645.AC), which was adopted.

Amend the bill, as and if amended, Section 15-35-920(A), page 2, by striking lines 10 through 12 and inserting:

/final, that it is unsatisfied in whole or in part setting forth the amount remaining unpaid on the judgment, and whether the judgment is further contested./

Amend further, Section 15-35-920(B), page 2, line 16, after /however,/ by inserting /no foreign judgment may be indexed if contested until resolved and/.

Renumber sections to conform.

Amend title to conform.

Rep. HAYES explained the amendment.

The amendment was then adopted.

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

S. 474--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1619.AC), which was adopted.

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

/SECTION     1.     Section 12-23-810 of the 1976 Code, as added by Section 35 I, Part II, Act 189 of 1989, is amended to read:

"Section 12-23-810.     (A)     Every hospital licensed as a general hospital by the Department of Health and Environmental Control is subject to the payment of an excise, license, or privilege tax. Total annual revenues from this tax must equal seven and a half million dollars. Each hospital's tax must be based on its total number of Medicaid patient days from the prior year as a percentage of total statewide Medicaid days, excluding Medicaid patient days, adjusted by the hospital's ratio of total net to gross patient revenue. Net patient revenue for purposes of this formula is defined as gross patient revenue less contractual allowances, bad debts, uncompensated indigent care, property taxes, and state and federal income taxes.

(B)     Effective July 1, 1992, every hospital licensed as a general hospital in another state is subject to the payment of an excise, license, or privilege tax if the hospital does business in South Carolina. A hospital is considered to be doing business in this State if the hospital, or the firm, corporation, association, or partnership which owns or operates the hospital, either directly or through a subsidiary corporation, establishes a physical presence in the State by owning, leasing, subleasing, or by any other means arranges to provide space to engage in or transact activity for financial profit or gain. Each hospital's tax must be based on the total number of patient days from the prior year attributed to South Carolina residents, excluding Medicaid patient days, adjusted by the hospital's ratio of total net to gross patient revenue. Net patient revenue for purposes of this formula is defined as gross patient revenue less contractual allowances, bad debts, uncompensated indigent care, property taxes, and state and federal income taxes.

(C)     Total annual revenues from the tax, exclusive of penalties and interest, in subsection (A) of this section must equal twenty-one and one-half million dollars."

SECTION     2.     Section 12-23-830 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 12-23-830.     On the first day of each quarter, each general hospital shall remit one-fourth of its annual tax to the Tax Commission. The Tax Commission shall allow a brief grace period during which late payments are not subject to interest or penalty.

Any hospital required by this article to pay the tax which fails to do so within the time allotted shall pay, in addition to the tax, a penalty of five percent of the tax and interest at one and one-half percent per month from the date the tax was originally due to the date of the payment of the tax and penalty. The Tax Commission may in its discretion waive or reduce the penalty or interest or any part of it."

SECTION 3.     Section 44-6-170 of the 1976 Code, as last amended by Section 35 F, Part II, Act 189 of 1989, is amended by adding:

"(D)     In addition to hospitals licensed by the Department of Health and Environmental Control, effective July 1, 1991, the provisions of this section apply to a hospital licensed in another state if the hospital does business in South Carolina. Information required by subsection (A)(1) through (9) of this section must be submitted for all patients. Information required by subsection (A)(7) of this section also must identify total patient days attributed to South Carolina residents. Information required by subsection (A)(10) of this section must be submitted only for residents of South Carolina. A hospital is considered to be doing business in this State if the hospital, or the firm, corporation, association, or partnership which owns or operates the hospital, either directly or through a subsidiary corporation, establishes a physical presence in this State by owning, leasing, subleasing, or by any other means arranges to provide space to engage in or transact activity for financial profit or gain."

SECTION     4.     Section 44-6-155(A) of the 1976 Code, as added by Section 35 D, Part II, Act 189 of 1989, is amended to read:

"(A)     There is created the Medicaid Expansion Fund into which must be deposited:

(1)     funds collected pursuant to Section 44-6-146;

(2)     funds collected pursuant to Section 12-23-810; and

(3)     funds appropriated pursuant to subsection (B) of this section.

This fund must be separate and distinct from the general fund. These funds are supplementary and may not be used to replace general funds appropriated by the General Assembly or other funds used to support Medicaid. These funds and the programs specified in subsection (C) are exempt from any budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund."

SECTION     5.     Section 44-6-155(C)(6) of the 1976 Code, as added by Section 35 D, Part II, Act 189 of 1989, is amended to read:

"(6)     to provide additional a pool of at least forty-four million dollars for the sole purpose of adjusting Medicaid reimbursement for hospitals which provide a disproportionate share of inpatient care for medicaid patients as provided in Section 44-6-140(A)(1). Funds in the pool not immediately used for this purpose must be carried forward for eventual use for this purpose;".

SECTION     6.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

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

H. 3447--DEBATE ADJOURNED

The following Bill was taken up.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3343.AL).

Amend the bill, as and if amended, Section 23-11-110, SECTION 1, by striking subsection (A) and inserting:

/(A)     All sheriffs in this State must have the following qualifications:

(1)     be a citizen of the United States;

(2)     be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3)     be a registered voter;

(4)     have attained the age of at least twenty-one twenty-six years prior to before the date of his qualifying for election to the office;

(5)     have obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, or and have at least five years' experience in the criminal justice field;

(6)     have not been convicted of or pled guilty to any a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or any a felony or a crime of moral turpitude in this State or another state; and

(7)     be fingerprinted and have SLED make a search of local, state, and federal fingerprint files for a criminal record. Fingerprints are to be taken under the direction of a law enforcement agency and must be made available to SLED sixty days before the close of qualification for elections to the office. SLED shall file the results with the clerk of court no later than thirty days before the close of qualification./

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. McELVEEN moved to adjourn debate upon the Bill until Wednesday, May 8, which was adopted.

ORDERED TO THIRD READING

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

H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.

H. 3774--OBJECTIONS

The following Bill was taken up.

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Reps. BURRISS, McCAIN, SMITH, WILKINS, CATO, CLYBORNE, RAMA, HASKINS and FULMER objected to the Bill.

H. 3741--OBJECTIONS

The following Bill was taken up.

H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

AMENDMENT NO. 2

Debate was resumed on Amendment No. 2, which was proposed on Thursday, May 2, by Reps. STURKIE and ALTMAN.

Rep. ALTMAN explained the amendment.

Reps. McCAIN, RAMA, FULMER, J. BAILEY, R. YOUNG and GONZALES objected to the Bill.

H. 3630--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

Rep. M.O. ALEXANDER explained the Bill.

Rep. HODGES spoke in favor of the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HODGES having the floor.

MOTION REJECTED

Rep. HODGES moved that the House recur to the morning hour, which was rejected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3968 -- Reps. D. Williams, H. Brown, Wofford and J. Williams: A CONCURRENT RESOLUTION TO CONGRATULATE THE MACEDONIA HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM IN BERKELEY COUNTY UPON WINNING ITS SECOND CONSECUTIVE BOYS CLASS AA STATE BASKETBALL TITLE.

H. 3969 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO COMMEND ONE OF THIS STATE'S MOST UNSELFISH AND CARING PERSONS, MRS. MARY L. "BETTY" DUFFIE FOR HER MORE THAN TWENTY-FIVE YEARS OF LOVING AND INSPIRED WORK WITH THE MENTALLY RETARDED AND HANDICAPPED AS THE FOUNDER AND PRESIDENT OF THE BABCOCK CENTER.

H. 3970 -- Reps. McAbee, Cork, D. Elliott and Altman: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 1991, AS SOUTH CAROLINA TOURISM MONTH TO BE OBSERVED WITH SPECIAL EVENTS THE WEEK OF MAY 5 - 11, 1991, WHICH HAS BEEN DESIGNATED BY CONGRESS AS NATIONAL TOURISM WEEK.

H. 3975 -- Reps. Tucker, P. Harris, Townsend, T.C. Alexander, Shirley, Chamblee, Ross and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF HERBERT C. HALL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3976 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF LEESVILLE, LEXINGTON COUNTY, ON THE CONSTRUCTION AND DEDICATION OF ITS NEW FIRE STATION.

H. 3977 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 8, 1991, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE GEORGE T. GREGORY, JR., CHIEF JUSTICE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1994.

ADJOURNMENT

At 12:40 P.M. the House in accordance with the motion of Rep. GENTRY adjourned to meet at 10:00 A.M. tomorrow.

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