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Rep. WALDROP moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.

H. 4467 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF

The following Bill was taken up.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

Rep. ANDERSON objected to the Bill.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11476AC.93).

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

/SECTION . Section 38-71-147 of the 1976 Code, as added by

Section 1 of this act, is repealed three years from the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. ELLIOTT explained the amendment.

Rep. HOLT moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

The following Bill was taken up.

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.

Rep. BAXLEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20563SD.94).

Amend the bill, as and if amended, by striking Section 58-3-20 of the 1976 Code, as contained in SECTION 1 and inserting:

/ "Section 58-3-20. (A) Until July 1, 1998, when the Public Service Commission shall be reduced to five members and elected as provided in subsection (B), the Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.

The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the

(B) Beginning on July 1, 1998, the Public Service Commission shall consist of five members to be elected by the General Assembly during its 1998 session in the manner provided in this subsection. One member shall reside in and be elected from the first and sixth congressional districts, one member shall reside in and be elected from the second and third congressional districts, and one member shall reside in and be elected from the fourth and fifth congressional districts. These three members elected in 1998 shall serve initial six year terms. In addition, the General Assembly during its 1998 session shall elect two members from the State at large for initial terms of four years each. Thereafter, successors to these members whether elected from the combined congressional districts or from the State at large each shall be elected for terms of four years each. All members shall serve until their successors are elected and qualify.

On July 1, 1998, the terms of the members of the Public Service Commission then serving in office shall expire at which time the five members of the commission elected by the General Assembly in the manner specified in this subsection (B) shall take office."/

Amend title to conform.

Rep. BAXLEY explained the amendment.

Reps. SPEARMAN, WHITE, COBB-HUNTER, SCOTT, ANDERSON, NEAL and BYRD objected to the Bill.

Rep. WRIGHT moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION

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

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:

Our Father God, we turn again and again to You, lest in the midst of the false lights on our pilgrimage of life we lose sight of the perfect righteousness of Your guidance which overarches the whole world. In our tests and trials, our frustration and failures, may we look beyond our frailty and hold fast in faith and hope which are anchored in You. Cause us to know always that life takes on new values and unlimited dimensions when lived as in Your presence.

We pray to our God Whose teachings inspire us on. 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.

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Robert A. Curtis of Rock Hill, which was agreed to.

The following was received.
Columbia, S.C., March 29, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 926:
S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS

Very respectfully,
President

Received as information.

The following was received from the Senate.

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 195:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN

On motion of Rep. HODGES, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HODGES, THOMAS and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

Document No. 1745
Promulgated By Coastal Council
Marina/Community Dock Location and Design
Received By Speaker March 29, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date March 5, 1995

The following was received.

Document No. 1701
Promulgated By Coastal Council
Applying for a Permit
Received by Speaker January 10, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn and Resubmitted February 14, 1994
Withdrawn and Resubmitted March 29, 1994

The following was received.

March 29, 1994
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4328, R-339, an Act:
TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.
This veto is based upon an opinion of the Attorney General's Office dated March 25, 1994. The opinion states:
The act bearing ratification number 339 of 1994, amending Act No. 768 of 1973 and Act No. 1 of 1975, increases the debt authorization for the Glenn Springs- Pauline Rural Fire District and further provides that this increase may not result in a fee or property tax increase without a favorable referendum. A review of the 1973 act, particularly Section 3 in which the boundaries of the district are delineated, reveals that the Glenn Springs-Pauline Rural Fire District is located wholly in Spartanburg County. Thus, H. 4328, R-339 of 1994 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4328, R-339 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

Therefore, for the above reasons, I am returning H. 4328, R-339 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Those who voted in the affirmative are:

Littlejohn       Smith, D.        Vaughn
Wells

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

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

Invitation of This, That, `N' The Other II Cafe for a breakfast drop-in, April 20, 1994, 9:00 A.M.-10:30 A.M., on the first floor lobby of the State House.

The invitation was accepted.

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

Invitation of Blue Cross and Blue Shield of South Carolina for the 2nd Annual Legislative Softball Game, April 20, 1994, 5:00 P.M.-6:45 P.M. at the Capitol City Bombers' Stadium.

The invitation was accepted.

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

H. 3233 -- Reps. Rudnick, Harrison, Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-970 AND 38-77-980 SO AS TO PROVIDE THAT NO INSURANCE COMPANY

Ordered for consideration tomorrow.

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