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

THURSDAY, APRIL 23, 1992

Thursday, April 23, 1992
(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, always sensitive and responsive to every human need, may we always feel Your sustaining strength - and especially when we walk through the shadows of doubt and despair which without Your help would mean our defeat. You alone can lift us out of the darkest fears and lead us into the light of security and peace. Cause us, then, to rely upon the abundance of Your presence, the inflowing of Your love, and an increased sense of Your power.

Give us the confident assurance of the Psalmist when he wrote: "No good thing will He withhold from them that work uprightly" (Psalm 84:11b). 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.

REPORT RECEIVED

The following was received.

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF
TRUSTEES OF STATE COLLEGES AND UNIVERSITIES

April 23, 1992
Honorable Bob Sheheen
Speaker of the House
506 Blatt Building
Columbia, SC 29211

Dear Mr. Speaker

The Screening Committee met at 9:00 A.M. on April 23, 1992 and screened these candidates for the Winthrop College Board of Trustees: Robert Gahagan and Sanita L. Savage. Six candidates were also screened for the South Carolina State Board of Trustees: George S. Chenault; Willis H. Crosby; Sam Glover; Janette Henry; Leroy Mosely, Jr.; Willie T. Smith. All of these candidates were found qualified.

The committee also screened candidates for the Francis Marion Board of Trustees. These candidates were: First District, J. Michael Murphree; Second District, Lorraine H. Knight; Third District, William A. Collins and Lee Miller; Fourth District, Seat 7, H. Randall Dozier and Seat 8, Robert E. Lanford, Jr.; Fifth District, Tracy L. Eggleston; Sixth District, Williams W. Coleman, Jr.; and the At-large seat, M. Russell Holliday, Jr. Jack McIntosh, a candidate for the Third District on the Medical University Board of Trustees and Joel H. Smith, a candidate for the College of Charleston Board of Trustees from the Second District were also screened. These candidates were all found qualified.

The committee respectfully requests that the foregoing favorable report be printed in the Journal.

Sincerely,
EUGENE C. STODDARD, Chairman

Received as information.

MOTION ADOPTED

Rep. MARCHBANKS moved that when the House adjourns it adjourn in memory of Mrs. Prula D. Rushton of Clemson, which was agreed to.

INVITATION

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

January 9, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The South Carolina Dairy Association wishes to extend to the members of the south Carolina House of Representatives, their spouses, staff and attaches, and invitation to a "Dairy Fest" breakfast on Thursday, May 7, 1992, from 7:30-9:30 A.M. The breakfast will be held at the Capitol City Club in the AT&T building.

Sincerely,
John Bailes
SCDA President

REPORTS OF STANDING COMMITTEE

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

Invitation of Manufacturing Institute of South Carolina for a reception, May 6, 1992, 6:30-9:30 P.M.

The invitation was accepted.

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

Invitation of The Governor for a legislative reception May 20, 1992, 6:00-8:00 P.M., at the Governor's Mansion.

The invitation was accepted.

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

Invitation of Joint Legislative Committee on Children and the Nurturing Center for luncheons on May 6, May 13, and May 20, 1992 - upon adjournment or at 1:30 P.M. until 3:00 P.M. at the Nurturing Center, 1332 Pickens Street, Columbia, South Carolina.

The invitation was accepted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4784 -- Reps. Bruce, Littlejohn, Lanford, Wells, Beatty, and McGinnis: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND MANAGEMENT OF FIELDCREST CANNON'S LANDRUM WOVEN PLANT ON RECEIVING THE COMPANY'S CARPET AND RUG DIVISION 1991 TOP SAFETY AWARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4785 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE A & W STARR 12 AND UNDER BASKETBALL TEAM OF ANDERSON COUNTY AND THEIR COACHES UPON WINNING THE SOUTH CAROLINA STATE AMATEUR ATHLETIC UNION CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4786 -- Reps. Rama, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin, Whipper, and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM R. RISHER.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1494 -- Senators Martschink, Shealy and Wilson: A CONCURRENT RESOLUTION CONGRATULATING BEVERLY D. BRANDES OF LEXINGTON COUNTY ON HER ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE NATIONAL RECREATION AND PARK ASSOCIATION.

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. 1495 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING LILLIE EDENS HERNDON OF COLUMBIA UPON BEING HONORED WITH THE THIRTY-THIRD ANNUAL "SERVICE TO MANKIND" AWARD BY THE RICHLAND SERTOMA CLUB AND THE WADE HAMPTON DISTRICT OF SERTOMA INTERNATIONAL.

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

INTRODUCTION OF BILLS

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

H. 4787 -- Reps. Holt, Bennett, Keyserling, Harrelson, G. Bailey, Whipper, Scott, Barber, Rama, Hallman, Wofford, Fulmer, D. Williams, Harwell, Inabinett, Klapman, Farr, Smith, Gonzales, J. Bailey, Sturkie, Koon, Rhoad, McKay, Kinon, D. Martin, McCraw, Altman, J. Harris, Council, Taylor, Lanford, Byrd, K. Burch, Wilder, H. Brown, Wright, R. Young, Meacham, Rudnick, Corning, Phillips, Kirsh, Snow, Stone, Harrison, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-180 SO AS TO PROVIDE REQUIREMENTS FOR PUBLIC BOATING ACCESS FACILITIES.

RULE 5.12--WAIVED

Rep. HOLT moved to waive Rule 5.12, which was agreed to by a division vote of 72 to 0.

Without reference.

S. 1301 -- Senator Williams: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.

Referred to Committee on Ways and Means.

S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.

Referred to Committee on Judiciary.

S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Referred to Committee on Judiciary.

OBJECTION TO MOTION

Rep. HOLT asked unanimous consent that H. 4787 be read a second time tomorrow.

Rep. McTEER objected.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baxley                 Beasley                Beatty
Boan                   Brown, G.              Brown, H.
Brown, J.              Burch, K.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cooper
Corbett                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Hyatt
Inabinett              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Riser                  Ross
Rudnick                Sharpe                 Sheheen
Shirley                Smith                  Snow
Stoddard               Stone                  Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

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

John Scott                        Gilda Cobb-Hunter
June Shissias                     Timothy Rogers
Mike Jaskwhich                    Thomas Huff
Samuel Foster
Total Present--110

LEAVE OF ABSENCE

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

SPECIAL PRESENTATION

Reps. TUCKER and CHAMBLEE presented the Westside High School Lady Rams, winners of the 1992 class AAA State Championship in basketball, their coaches and school officials.

LEAVE OF ABSENCE

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

H. 4700--DEBATE ADJOURNED

Rep. HOLT moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.

H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.

ORDERED TO THIRD READING

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

H. 4781 -- Reps. Keyserling and White: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.

H. 4782 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.

H. 4699 -- Reps. McElveen and Hodges: A JOINT RESOLUTION TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL AND THE STATE REORGANIZATION COMMISSION TO JOINTLY CONDUCT A STUDY OF STATE GOVERNMENT IN ORDER TO MAKE RECOMMENDATIONS CONCERNING MAKING STATE GOVERNMENT MORE EFFICIENT, EFFECTIVE, AND ACCOUNTABLE, THE ELIMINATION OF DUPLICATE SERVICES, CONSOLIDATION OF AGENCY FUNCTIONS, DESIRABILITY OF IMPLEMENTING TOTAL QUALITY MANAGEMENT IN STATE GOVERNMENT, AND THE POSSIBLE REORGANIZATION OF THIS STATE'S SYSTEM OF HIGHER EDUCATION, TO PROVIDE FOR THE REQUIRED COMPLETION DATES OF THIS STUDY WHICH ARE STAGGERED OVER A PERIOD OF FIVE YEARS, TO INCLUDE IN THE STUDY CERTAIN PUBLIC AUTHORITIES OR ENTITIES ESTABLISHED BY STATE LAW THE FUNDING AND REVENUES OF WHICH ARE NOT EXPENDED OR APPROPRIATED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT IF THE GENERAL ASSEMBLY DOES NOT ADOPT THE RECOMMENDATIONS OF THE AUDIT COUNCIL AND THE REORGANIZATION COMMISSION BY ENACTING APPROPRIATE LEGISLATION OR IF IT DOES NOT OTHERWISE EXTEND AN AGENCY BY ACT OR JOINT RESOLUTION, THE AGENCY OR ENTITY IS ABOLISHED AS OF A SPECIFIED DATE, AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 20, TITLE 1 OF THE 1976 CODE, RELATING TO THE SUNSETTING OF CERTAIN AGENCIES AND DEPARTMENTS, ARE SUSPENDED UNTIL JULY 1, 1997.

H. 4710 -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON MARCH 31, 1992, AND APRIL 1, 1992, BY THE STUDENTS OF THE TRAVELERS REST ELEMENTARY SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT BECAUSE OF THE CONDEMNATION OF THE SCHOOL BUILDING ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4714 -- Rep. McLeod: A BILL TO AMEND SECTION 40-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS PERTAINING TO BARBERS AND BARBERING, SO AS TO REVISE THE EXEMPTION FOR COSMETOLOGISTS.

Rep. G. BROWN explained the Bill.

S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: A BILL TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.

Rep. WILKINS explained the Bill.

S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.

S. 1205 -- Senator Drummond: A BILL TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

S. 1255 -- Senators Macaulay, Peeler and Giese: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.

H. 4781--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that H. 4781 be read the third time tomorrow.

H. 4684--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4684 be read the third time tomorrow.

H. 4699--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 4699 be read the third time tomorrow.

H. 4710--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4710 be read the third time tomorrow.

S. 1255--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 1255 be read the third time tomorrow.

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. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

SENT TO THE SENATE

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

H. 3033 -- Reps. Keegan, Corning and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.

H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.

H. 4521--OBJECTIONS AND DEBATE ADJOURNED

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

H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.

Rep. BEATTY objected to the Bill.

Rep. L. MARTIN explained the Bill.

Rep. M. MARTIN objected to the Bill.

Rep. L. MARTIN moved to adjourn debate upon the Bill until Tuesday, April 28, which was adopted.

H. 4420--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.

Reps. SNOW, G. BROWN and KENNEDY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10000.JM), which was adopted.

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

/SECTION 1.     Chapter 41 of Title 46 of the 1976 Code is amended by adding:

"Article 3
South Carolina Cotton Dealers and
Handlers Guaranty Fund

Section 46-41-300.     There is created within the State Treasury a fund to be known as the 'South Carolina Cotton Dealers and Handlers Guaranty Fund'.

Section 46-41-310.     As used in this article:

(1)     'Department' means the South Carolina Department of Agriculture.

(2)     'Fair market value' means the value based on the average market price being paid to producers on a specified date by the three licensed cotton dealers nearest the cotton dealer involved in the loss.

(3)     'Cotton' means cotton fiber or cotton seed.

(4)     'Cotton dealer' means any person engaged in this State in buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of cotton purchased from the producer or his agent or representative or received to be handled on a net return basis from the producer. A ginner is included.

(5)     'Loss' means any monetary loss over and beyond the amount protected by the dealer's bond as a result of doing business with a dealer which includes, but is not limited to, bankruptcy, embezzlement, or fraud.

(6)     'Producer' means any producer of cotton.

(7)     'Date of loss' means the date the cotton dealer filed a petition for bankruptcy, or, if bankruptcy is not declared, the date a check was returned for insufficient funds, or the date otherwise determined by the department.

Section 46-41-320.     An assessment of fifty cents a bale must be imposed on all cotton bales delivered by producers to cotton dealers licensed under this chapter other than cotton for which a producer has received payment in currency or cashier's check on delivery, or received a state warehouse receipt issued in the producer's name or that of his designee. The cotton dealer shall collect the assessment from the producer at the time of settlement with the producer. The assessment must be reported and remitted to the department by the cotton dealer as of the month in which the cotton was delivered to the cotton dealer, except as provided by Section 46-41-340. The department shall remit the assessment to the State Treasurer to be credited to the fund.

Section 46-41-330.     The State Treasurer shall administer the investment of the fund. The department shall administer the collection of assessments and investigate losses for which payment is requested. Unless the cotton dealer who allegedly occasioned the loss has filed for bankruptcy or is audited pursuant to judicial proceedings, the department, in conjunction with the State Auditor's Office, shall conduct a financial audit of the cotton dealer to verify the loss before it may request payment from the fund. The fund must bear all expenses incurred in conducting the audit. After verification, the department shall request that payment for verified losses be made by the State Treasurer to the person incurring a loss. The fund must be established for the benefit of producers who have delivered cotton to cotton dealers licensed under this chapter and compensate producers for losses relative to cotton delivered to a cotton dealer licensed under this chapter, except losses covered by the cotton dealer's surety bond. When the fund reaches four million dollars the assessment ceases. If the four million dollars is attained prior to the end of a harvest season, the assessment continues until the end of that season. The assessment must be reinstituted as necessary to maintain a balance of four million dollars in the fund. The first one hundred thousand dollars collected in assessment must be paid into the general fund of the State. Any of these funds not appropriated for the employment of additional auditors for the Warehouse and Dealers and Handlers Division of the Department of Agriculture must be returned to the fund. All income, interest, or otherwise, derived from this fund must be reinvested in the fund.

When a loss is incurred for cotton which has been delivered to a cotton dealer licensed under this chapter, the producer shall within ninety days present his claim, which must be under oath, to the department on a form supplied by the department. To verify his claim, the producer shall present any evidence of loss the department considers necessary. The price for each bale of cotton must be established on the day of the loss and must be for the fair market value on that day at the location of loss. The price for each bushel may not be higher than the contract price, if a price has been established. All persons filing claims under this section are bound by the value determined by the department.

The department within thirty days from verification of loss shall request payment of one hundred percent of the approved claim. At no time may the fund be reduced to less than one hundred thousand dollars.

If there is an insufficient amount of money in the fund to cover all claims, payments must be made on a pro rata basis up to one hundred percent of the total loss of each producer. If payment is not received in the amount of one hundred percent of total loss then additional amounts must be paid as funds become available until payment of one hundred percent of total loss is attained. Claims against the fund must be paid in the order in which they have been verified and approved.

Upon approval of his claim by the department, the producer shall subrogate his interest, if any, to the department in a cause of action against any and all parties. An independent law firm may be hired and paid by the fund for the purpose of collecting losses subrogated to the department. Payments start when the fund exceeds one hundred thousand dollars.

Section 46-41-340.     (A)     The cotton dealer shall remit assessments and file with the department a report of such assessments on cotton received by him by the fifteenth day of each calendar month following any calendar month in which the cotton dealer has received quantities of cotton subject to assessments totaling fifty dollars or more. If the cotton dealer has received quantities of cotton subject to assessments totaling less than fifty dollars in any calendar month, the assessments may be reported and remitted with the following month's return. All assessments must be remitted at least once every three months.

(B)     In case any person subject to this section fails to make a report and remittance when required, the department shall determine the amount of the assessment according to its best judgement and information and the amount is deemed prima facie correct, and the person who failed to make the report shall, within ten days after notice of the amount of the assessment is mailed to him, pay the assessment, together with a penalty of ten percent, or dispute the assessment and request a hearing to determine its amount and the penalty to be imposed. No payment must be made until the department enters its order determining the amount of the payment but the payment must be made within ten days' notice of the order. On failure to remit payment within ten days of the receipt of notice of the order, the department may suspend the dealer's license under the provisions of Section 46-41-130.

Section 46-41-350.     Notwithstanding any other provision of this chapter, any producer may elect not to participate in the fund for any calendar year by applying for an exemption with the South Carolina Department of Agriculture as provided in this section.

The election consists of a written, notarized application upon a form designed and provided by the Department of Agriculture. The application must be filed with the department before April first of the year for which the exemption is desired.

Upon filing of the application, the department must issue the applicant an exemption certificate specifying the producer, commodity exempted, and period of exemption. The certificate, when presented to the cotton dealer upon delivery of the cotton, entitles the specified producer to an exemption from the dealer's and handler's assessment on the specified commodity.

When an exemption is granted under this section, the cotton dealer must retain a copy of the exemption certificate for a period of not less than two years. Any producer who elects not to participate in the fund is not eligible to be reimbursed for any loss for the commodity exempted for that calendar year."

SECTION     2.     Notwithstanding any other provision of law, before the provisions of Article 3, Chapter 41, Title 46 of the 1976 Code shall take effect or be implemented, the Department of Agriculture shall conduct a referendum by mail among the state's cotton producers asking them whether they are in favor of, or opposed to, the creation of the "South Carolina Cotton Dealers and Handlers Guaranty Fund" as provided for in Article 3, Chapter 41, Title 46. The department shall tabulate and publish the results of the referendum, and the provisions of Article 3, Chapter 41, Title 46 shall take effect only if a majority of those voting in the referendum vote in favor of the establishment of the fund.

SECTION     3.     Except as otherwise specifically provided in this act, this act takes effect upon approval by the Governor./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

H. 4420--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4420 be read the third time tomorrow.

S. 452--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.

S. 452 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.

S. 1378--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6443.HC), which was adopted.

Amend the bill, as and if amended, in the second paragraph of Section 28.139, as contained in Section 1, page 1, line 36, by striking /1990-91/ and inserting /1991-92/. so that when amended, the second paragraph reads:

"For the current 1991-92 fiscal year, the department is also directed to remit to the General Fund $1,800,000 of the month of June's allocation of funds to school districts for Employer Contributions for School Districts - Insurance, Retirees."

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

H. 4686--OBJECTIONS

The following Bill was taken up.

H. 4686 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR PAVING FROM STATE HIGHWAYS TO PRIVATE RIGHTS OF WAY ENTRANCES BY STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Rep. G. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6530.HC).

Amend the bill, as and if amended, in Section 57-5-1140, as contained in     SECTION 1, page 1, by inserting before /The/ on line 23 /(A)/.

Amend further, page 2, by striking the quotation mark on line 11 and adding immediately after line 11:
/(B)     Notwithstanding the provisions of subsection (A) of this section, if the property is not served by a public sewage system, the department may not construct a driveway unless the property owner submits evidence sufficient to the department that the property is approved for a septic tank."/

Amend title to conform.

Rep. G. BAILEY explained the amendment.

Reps. J. BAILEY and BARBER objected to the Bill.

Rep. G. BAILEY continued speaking.

Reps. VAUGHN, A. YOUNG, CATO, KEMPE, KEYSERLING and WELLS objected to the Bill.

H. 4174--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4174 -- Reps. Jennings, M. Martin and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT ANY PERSON UPON BEING ARRESTED FOR A VIOLATION OF SECTION 56-5-2930 AND TAKEN BY THE ARRESTING OFFICER TO A LOCATION FOR PURPOSES OF ADMINISTERING THE CHEMICAL TEST OF HIS BREATH MUST ALSO HAVE HIS CONDUCT AT THIS LOCATION VIDEOTAPED BY THE ARRESTING OFFICER OR ANOTHER MEMBER OF THE ARRESTING OFFICER'S DEPARTMENT, TO PROVIDE THAT A COPY OF THIS VIDEOTAPE MUST BE PROVIDED TO THE DEFENDANT UPON HIS REQUEST AND AT HIS EXPENSE BEFORE THE SCHEDULED TRIAL DATE AND IT IS ADMISSIBLE AS EVIDENCE BY EITHER SIDE IN THIS PROCEEDING, AND TO PROVIDE THAT A PERSON WHO OPERATES A MOTOR VEHICLE IN THIS STATE IS CONSIDERED TO HAVE GIVEN CONSENT TO THE VIDEOTAPING OF HIS CONDUCT.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, April 1, by Rep. KIRSH.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

H. 4174--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. NETTLES, with unanimous consent, it was ordered that H. 4174 be read the third time tomorrow.

S. 1169--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, April 29, which was adopted.

S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

S. 1204--DEBATE ADJOURNED

Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.

S. 1204 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

H. 4571--OBJECTION WITHDRAWN

Reps. WHIPPER and COBB-HUNTER withdrew their objections to H. 4571 however, other objections remained upon the Bill.

H. 4714--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 4714 be read the third time tomorrow.

H. 4452--RECALLED FROM THE COMMITTEE ON JUDICIARY

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

H. 4452 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT EAVESDROPPING ON CELLULAR OR CORDLESS TELEPHONES AND CELLULAR RADIO TELEPHONES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

S. 826--RECALLED FROM THE COMMITTEE
ON WAYS AND MEANS

On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.

H. 4737--RECALLED FROM THE COMMITTEE ON JUDICIARY

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

H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

OBJECTION TO RECALL

Rep. RUDNICK asked unanimous consent to recall H. 3577 from the Committee on Judiciary.

Rep. G. BROWN objected.

H. 3636--RECALLED FROM THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. M.O. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.

H. 4264--RECALLED FROM THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. KEMPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

H. 4264 -- Reps. Kempe, Harvin, Neilson, J. Harris, Rudnick, McElveen, Cromer, Baxley, Snow, Rogers, Keyserling and Beatty: A BILL TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER SHALL REQUIRE A REDUCTION IN MOTOR VEHICLE LIABILITY INSURANCE RATES FOR A THREE-YEAR PERIOD FOR ANY PERSON WHO VOLUNTARILY ATTENDS AND SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE COMMISSIONER.

STATEMENT BY REP. MATTOS

Rep. HOLT moved that Rep. MATTOS' remarks be printed in the Journal as follows.

Mr. Speaker, thank you for allowing me the opportunity to address the House this morning. Let me congratulate the General Assembly, all state agencies, and all the medical community for their efforts in lowering the state infant mortality rate from 12.4 per 1000 births to 10.6 per 1000 births. This was accomplished by increased funding by the General Assembly, the efforts of the medical professionals who step up and provide the necessary service, and the state agencies for their hard work to get the service to those who need it. Let us, in the General Assembly, make a statement that in the decade of the nineties, prevention will be the centerpiece of our health care program; that also in this decade, we set our goal of a single digit infant mortality rate; and that we will provide the necessary funding to provide preventative health care for all the citizens of this State.

S. 883--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.

Rep. WOFFORD moved to adjourn debate upon the Senate amendment until Thursday, May 14.

Rep. FAIR moved to table the motion, which was agreed to by a division vote of 38 to 25.

Rep. WOFFORD explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

S. 1097--RECONSIDERED

Rep. BOAN moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.

H. 3197--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

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

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

Rep. D. ELLIOTT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19161.SD), which was adopted.

Amend the bill, as and if amended, by striking subsection (A) of SECTION 1 and inserting:

/(A)     Wherever fees are charged in this State for any rooms, lodgings, or accommodations furnished to transients by any hotel or motel, the rooms, lodgings, or accommodations so furnished must be equipped with:

(1) a lock system such as, but not limited to, a deadbolt, security chain, bar lock, or other state of the art security system which may be activated from the inside by the transient and which cannot be unlocked or removed from the outside except by an emergency key (E-key) or other management-controlled access plan; and

(2) a device such as view ports, side windows, or any other device which allows sight outside the door without opening the door or by opening the door not more than three inches.

The provisions of this subsection do not apply to tourist camps or campgrounds or to residences of any nature./

Amend title to conform.

Rep. D. ELLIOTT explained the Senate amendment.

The amendment was then adopted.

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

H. 4125--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.

Rep. WILKINS 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.

MESSAGE TO RATIFY--REJECTED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 23, 1992

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Rep. KIRSH moved acceptance of the invitation, which was rejected.

H. 4334--INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

Reps. HARRELSON and RUDNICK spoke against the Joint Resolution.

Rep. SCOTT was recognized.

Rep. BAXLEY moved that the House do now adjourn.

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

Yeas 51; Nays 50

Those who voted in the affirmative are:

Anderson               Bailey, G.             Barber
Baxley                 Beatty                 Brown, G.
Brown, J.              Burch, K.              Byrd
Canty                  Carnell                Chamblee
Cobb-Hunter            Delleney               Elliott, L.
Farr                   Glover                 Harrelson
Harwell                Holt                   Houck
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Marchbanks
Martin, D.             Martin, M.             Mattos
McAbee                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Neilson                Nettles                Phillips
Rhoad                  Ross                   Rudnick
Scott                  Sheheen                Shirley
Taylor                 Townsend               Waites
Whipper                Wilkes                 Williams, D.

Total--51

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Beasley                Boan
Brown, H.              Cato                   Clyborne
Cooper                 Corning                Council
Cromer                 Fair                   Fulmer
Gonzales               Hallman                Harris, J.
Harrison               Haskins                Huff
Hyatt                  Keegan                 Kirsh
Klapman                Koon                   Lanford
Littlejohn             Martin, L.             McCraw
Meacham                Quinn                  Rama
Riser                  Sharpe                 Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Tucker
Vaughn                 Waldrop                Wells
Wilder                 Wilkins                Wofford
Wright                 Young, A.

Total--50

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Joint Resolution, Rep. SCOTT having been recognized.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4598 -- Reps. Inabinett, Harwell, Whipper, D. Martin, Holt and J. Bailey: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON SOUTH CAROLINA HIGHWAY 174 IN CHARLESTON COUNTY CROSSING THE DAWHOO RIVER AS THE McKINLEY WASHINGTON, JR., BRIDGE.

H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

H. 4784 -- Reps. Bruce, Littlejohn, Lanford, Wells, Beatty, and McGinnis: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND MANAGEMENT OF FIELDCREST CANNON'S LANDRUM WOVEN PLANT ON RECEIVING THE COMPANY'S CARPET AND RUG DIVISION 1991 TOP SAFETY AWARD.

H. 4785 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE A & W STARR 12 AND UNDER BASKETBALL TEAM OF ANDERSON COUNTY AND THEIR COACHES UPON WINNING THE SOUTH CAROLINA STATE AMATEUR ATHLETIC UNION CHAMPIONSHIP.

H. 4786 -- Reps. Rama, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin, Whipper, and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM R. RISHER.

MOTION NOTED

Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on S. 452 until Wednesday, April 29, and the motion was noted.

ADJOURNMENT

At 11:40 A.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Mrs. Prula D. Rushton of Clemson, to meet at 10:00 A.M. tomorrow.

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