| Printed Page 5940, May 11 | Printed Page 5960, May 12 |

I came in after the roll call and was present for the Session on Thursday, May 12.

Roger M. Young           George H. Bailey
David A. Wright          Larry L. Elliott
Richard M. Quinn, Jr.    G. Ralph Davenport, Jr.
William S. Houck, Jr.    Candy Y. Waites
Ronald P. Townsend       James G. Mattos
Gilda Cobb-Hunter        Donald W. "Don" Beatty
Lindsey O. Graham        Larry L. Koon
Lucille S. Whipper       James L.M. Cromer, Jr.
John G. Felder           Joseph H. Neal
Roland Smith             Marion P. Carnell
Alma W. Byrd             B. Hicks Harwell
Douglas Jennings, Jr.    Ralph W. Canty
Joseph T. McElveen, Jr.  Juanita M. White
C. Alex Harvin, III

The SPEAKER granted Reps. P. HARRIS, M.O. ALEXANDER and LAW a leave of absence.

Announcement was made that Dr. M.J. Strickland and Dr. James Halford, Jr., of Anderson are the Doctors of the Day for the General Assembly.

At 10:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R445) S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS AND UNDER CERTAIN CONDITIONS AGAINST THE PARENTS OF MINORS WHO ARE SHOPLIFTERS.

(R446) S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: AN ACT TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS AND SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A COPY OF THE CODE MUST BE FILED WITH THE SECRETARY OF STATE AND THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

(R447) S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: AN ACT TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976,

(R448) S. 1287 -- Senators Richter and Stilwell: AN ACT TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

(R449) S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R450) S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R451) H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: AN ACT 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

(R452) H. 4347 -- Reps. Neilson, Corning and Rudnick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

(R453) H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: AN ACT TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

(R454) H. 4480 -- Reps. Snow, Inabinett and Law: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

(R455) H. 4511 -- Reps. Snow and D. Smith: AN ACT TO PROVIDE THAT IT IS NOT NECESSARY IN ORDER TO PERFECT A VALID WRITTEN ASSIGNMENT OF A MORTGAGE OR OTHER AGREEMENT MORTGAGING REAL PROPERTY OR AN INTEREST IN REAL PROPERTY, WHICH IS PLEDGED AS SECURITY FOR AN OBLIGATION INVOLVING FARM CREDIT SYSTEM INSTITUTIONS, TO RECORD THE WRITTEN ASSIGNMENT IN THE OFFICE OF

(R456) H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: AN ACT TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT A MAXIMUM OF TWELVE CREDIT HOURS EARNED IN A TWELVE-MONTH PERIOD MAY BE CARRIED FORWARD TO THE NEXT BIENNIAL CONTINUING INSURANCE EDUCATION PERIOD, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD; AND TO PROVIDE THAT THIS ACT APPLIES TO ALL HOURS OF CONTINUING INSURANCE EDUCATION TAKEN BY AN INSURANCE AGENT WHO IS SUBJECT TO SECTION 38-43-106.

(R457) H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS, TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS, AND TO PROVIDE THAT APPOINTMENTS MUST BE WITH THE ADVICE AND CONSENT OF THE SENATE; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

(R459) H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

(R460) H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: AN ACT TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY,

(R461) H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

At 10:40 A.M. the House resumed, the SPEAKER in the Chair.

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

H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

H. 5086 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO MUST BE ADMITTED TO RECEIVE SERVICES FROM THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS

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

S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO

The motion of Rep. KIRSH to reconsider the vote whereby the Bill was given a second reading was taken up and agreed to.

S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.

The motion of Rep. KIRSH to reconsider the vote whereby Amendment No. 3 was tabled was taken up and agreed to.

Rep. FELDER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6005HTC.94) which was adopted.

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

/SECTION ___. A. Section 12-7-1250(A) of the 1976 Code, as added by Act 488 of 1988, is further amended to read:

"(A) A corporate taxpayer is allowed as a credit against taxes due pursuant to Section 12-7-230 an amount equal to fifty percent, not to exceed ten thousand dollars annually, of expenses paid or accrued by the taxpayer in building or improving any one infrastructure project. Any unused credit, up to a total amount of thirty thousand dollars, may be carried forward three years."

"(F) A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by Section 12-7-1250(A) on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

(G) The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its unused credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation to another corporation."

C. This section is effective for taxable years beginning after 1987.

SECTION ___. A. Section 41-44-30 of the 1976 Code, as added by Act 643 of 1988, is amended by adding at the end:

"A corporation which files or is required to file a consolidated return is entitled to the income tax credit allowed by this section on a consolidated basis. The tax credit may be determined on a consolidated basis regardless of whether or not the corporation entitled to the credit contributed to the tax liability of the consolidated group.

The merger, consolidation, or reorganization of a corporation where tax attributes survive does not create new eligibility in a succeeding corporation but unused credits may be transferred and continued by the succeeding corporation. In addition, a corporation may assign its rights to its unused credit to another corporation if it transfers all, or substantially all, of the assets of the corporation or all, or substantially all, of the assets of a trade or business or operating division of a corporation to another corporation."

B. This section is effective for taxable years beginning after 1987./

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

| Printed Page 5940, May 11 | Printed Page 5960, May 12 |