South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

THURSDAY, JANUARY 11, 1990

Thursday, January 11, 1990
(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:

O Thou unseen but ever present God, with eyes focused upon Your glory and greatness which no earth-born cloud can dim, we lift our thoughts in search for Your way which stabs the horizons with a great and powerful force. In all and above all, give us an unfaltering faith which uses challenges and opportunities as the materials for courageous victory. In the strength of the knowledge of Your constant and never failing presence, make us strong that we neither faint nor fear.

Hear us in this our prayer which we make with thankful hearts and in undaunting faith. 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.

ADDRESS BY MRS. MARIAN WRIGHT EDELMAN,
DIRECTOR OF THE CHILDREN'S DEFENSE FUND
IN WASHINGTON, D.C.

The Reading Clerk of the House read the following House Resolution:

H. 4251 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, Carnell, Foster, P. Harris, McLellan, McTeer, Moss, Washington and Wilkins: A HOUSE RESOLUTION TO INVITE MRS. MARIAN WRIGHT EDELMAN, DIRECTOR OF THE CHILDREN'S DEFENSE FUND IN WASHINGTON, D.C., TO ADDRESS THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE ON THURSDAY, JANUARY 11, 1990.

Mrs. Edelman was escorted to the rostrum by Reps. BEASLEY, WHITE, WASHINGTON and WHIPPER.

Rep. J. ROGERS introduced the honored guest as follows:

"My fellow members and all South Carolinians, it is a special honor and treat for me today to introduce to you, Marian Wright Edelman. Marian is an unusual person and we are particularly lucky to get an opportunity to have her with us today. She will bring some brief remarks to us here in this chamber. She is going to speak to the Senate and the Governor is presenting her with an award this morning, so her schedule is tight. We have tried to get her before. She passed through our state last year receiving honorary degrees from South Carolina and the University of North Carolina on, I believe, the same weekend. We couldn't get her at that time. Marian Wright Edelman, founder and president of the Children's Defense Fund, has been an advocate for disadvantaged Americans for her entire professional career. Under her leadership, the Washington based Children's Defense Fund has become one of the nation's most active and effective organizations concerned with a wide range of children and family issues, particularly those which most affect our poorest American children. The Children's Defense Fund's mission is to educate the nation about the needs of children and encourage preventive investment in children before they get sick, drop out of school, suffer an early pregnancy or family breakdown or get into trouble. Marian was born in Bennettsville, South Carolina and graduated from Spelman College in 1960. She earned her law degree from Yale Law School in 1963. In 1971, Time Magazine named her one of America's 200 young leaders. Marian was the first black woman elected to the Yale University Corporation. Currently, she serves on the boards of the NAACP Legal Defense and Education Fund, the Aetna Life and Casualty Foundation, March of Dimes and she chairs the Board of Trustees of her alma mater, Spelman College. Mrs. Edelman is married to Peter Edelman, a professor of law at Georgetown University. They have three sons, Joshua, Jonah and Ezra. They live in Washington, D.C. Several weeks ago, Marian is frequently on national television, I was pleased to see her on a 60 Minute program on CBS. She was described as the most influential woman in America. She can be influential on a given issue. She is consumed by one passion, and that passion is one that you could join her in, that passion is children. I present to you, Marian Wright Edelman."

"Thank you, thank you very much...I am delighted to be home and I thank you for welcoming me so warmly, Mr. SPEAKER, Mr. SPEAKER Pro Tempore, Marlboro County's representative. I am proud to be here with them on this stage and to be with all of you in South Carolina. The Junior League has done a very good job in bringing us here and the children are very much appreciative of this state and I'm sure that will continue. I'm also delighted that Governor Campbell is offering me the Order of the Palmetto. Governor Riley gave me this award some years ago, so I now know that with Governor Campbell's affirmation of this, that children are a bi-partisan concern in the state of South Carolina and I am very grateful for that. We are going to have to open our eyes and our ears, our hearts, and see and hear and respond to our children. With the increased competition abroad and 4 million fewer 18 to 24 year olds in the year 2000 than there were in the mid 1980's, we do not have a child to waste, yet every eight seconds of the school day, an American child drops out, every 26 seconds, as we sit here, an American child runs away from home. Every 47 seconds, an American child is abused and neglected. Every 67 seconds, an American teenager has a baby. Every seven minutes, an American child is arrested for a drug offense and they are not mostly the poorest. There are urban drug offenses, middle class white kids are involved in the drug problems, too. Every 30 minutes, an American child is arrested for drunken driving. Every 36 minutes, an American child is injured by guns. Every 53 minutes, an American child dies because of poverty. Every day in our wealthy nation, 100,000 children are homeless. On Monday, we issued a report card on how competitive America is with other industrialized nations in caring for its children. We found that we are not competitive in preparing for our future and investing in our children. Although, we are the wealthiest nation on earth, and the standard of democracy with an "A" capacity to care for our children, we have an "F" performance on many key indicators of a child's well-being. Our 1-year olds have lower immunization rates against polio than 1-year olds in 14 other countries. If we take our immunization rates for non-white babies, we rank at 49th behind countries like Botswana and Colombia. This is not only wrong, its bad budget policy. Every dollar we invest in immunization for our children saves $10 later on. Our infant mortality rates lag behind 18 other nations. Comparing our non-white infant mortality rates, we rank 30th in the world compared with lower rates of other countries. An industrialized country, South Africa, now provides universal health coverage in child care and parental needs. I was disturbed when I looked at the childhood mortality rate of children under five. We do a less good job than 21 other countries. We lag behind East Germany.

Inadequate management performance is reflected in inadequate performance in all 50 states and in the District of Columbia. On 20 key indicators of progress and investing in children, the highest state score was 65, which was Vermont. But, I turned out to be proud of South Carolina, because we tied for 7th with California among the 50 states and the District of Columbia investing in our children and in indicators of child well-being, so that is the good news. I deeply appreciate the efforts that this state has made, and the good help of this legislature in really investing in early childhood education because it is beginning to pay off in the kind of progress you have been making. We're moving in the right direction, we just have to keep moving there, keep investing and staying with it, because while we are up at the top of state performance, the bad news is that we are still flunking. Our scores are 45 percent here in South Carolina and I know that we can become an "A" state. South Carolina led the 17 southern states, of all the states, on our report card. But, there are few issues that we ought to pay attention to in the fact that between 1978 and 1987, South Carolina saw the sharpest decline in the proportion of women receiving early prenatal care than any state in the nation. We rank 49th on that key indicator. Investing in prenatal care is good budget policy. Every $600 we invest in good prenatal care, we are lowering the low birth weight babies that need the neonatal intensive care that costs on the average of $1,000 a day. In 1987, South Carolina ranked 48th in the nation in both infant mortality and low birth weights. At the rate we are making progress in our state, we are not going to meet the Surgeon General's goals on infant mortality by 1990. Our state has made progress in reducing childbearing among teens. Over the 1980's, 32 states made better progress than South Carolina and we are still 41st in birthrates. South Carolina's children are still too poor. While we've been paying attention to poor children in our state, 39 states are doing better on childhood poverty and you've seen a 12 percent poverty increase during the 1980's. And one in four of our children is poor. In 1989, South Carolina was one of 50 states with a fair market value of a modest apartment in a metropolitan area that exceeded 30 percent of the federal poverty level and we are having a problem, as you know, with safe affordable housing. In 1987, South Carolina increased the proportion of ninth graders that graduated from high school by five percent, but 39 states had better graduation rates. South Carolina is not one of 20 states that provides sufficient quality assurance of infants and child care centers. And I'm delighted that the Governor and members of this legislature have put so much emphasis on early childhood education. You know as well as anybody else, that not only must we invest consistently more, we must insure that it is of good quality. And I hope that you will continue the progress that you have made. South Carolina is also not one of 28 states that has state funding and programs to find or create jobs for non-college bound youths. I know how concerned you are about economic development and I'm sure with the investment you make in education, that this will begin to pay off, but again systematic continued investment in the kind of education improvements that have yielded such positive results, will yield results in the future and we look forward to working with you on that. In ten years, when we face a new century, with new global economic military challenges, Americans and South Carolina are going to be ready to compete economically and lead. If we set clear our national, state, city, community and personal goals for child survival and development, I am convinced that our nation can become number one in caring for our children. I am convinced that our nation will become number one. There is no greater moral or economic challenge facing us, so we look forward to South Carolina not just being 7th in the country, but being 1. I thank you for your leadership and I urge you to continue. Thank you for letting me come."

Upon the conclusion of her address, Mrs. Edelman and her escort party retired from the Chamber.

S. 699--DEBATE ADJOURNED
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 10, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 699:
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Very respectfully,
President

No. 016

Rep. WINSTEAD moved to adjourn debate upon the message until Wednesday, January 17, 1990, which was adopted.

H. 3739--FREE CONFERENCE REPORT ADOPTED

The Free Conference Report on the following Bill was taken up.

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

Reps. BOAN and GENTRY explained the Free Conference Report.

Reps. CORBETT, BAXLEY, KIRSH, FANT, VAUGHN, SIMPSON and BLACKWELL spoke against the Report.

Rep. FOSTER spoke in favor of the Report.

SPEAKER PRO TEMPORE IN CHAIR

Rep. FOSTER continued speaking.

Rep. SHEHEEN spoke in favor of the Report.

The question then recurred to the adoption of the Free Conference Report.

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

Yeas 82; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barfield               Bennett                Blanding
Boan                   Brown, G.              Brown, J.
Brown, R.              Burch                  Burriss, T.M.
Carnell                Elliott                Faber
Farr                   Felder                 Foster
Gentry                 Glover                 Gordon
Gregory                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.W.          Kay                    Keesley
Keyserling             Kinon                  Klapman
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McLellan               McLeod                 McTeer
Nesbitt                Nettles                Rama
Rhoad                  Rogers, J.             Rogers, T.
Sharpe                 Sheheen                Short
Smith                  Snow                   Stoddard
Townsend               Tucker                 Waites
Waldrop                Washington             Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Winstead
Wright

Total--82

Those who voted in the negative are:

Bailey, G.             Barber                 Baxley
Beasley                Blackwell              Brown, H.
Bruce                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Fair
Fant                   Ferguson               Hallman
Haskins                Johnson, J.C.          Keegan
Kirsh                  Kohn                   Koon
Lanford                Limehouse              McKay
Moss                   Neilson                Phillips
Quinn                  Rudnick                Simpson
Sturkie                Taylor                 Vaughn
Wells                  Wofford

Total--41

So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

Explanation of vote on adoption of Free Conference Report, H. 3739:

Greenville County will lose a great deal of money to other less populous counties under terms of this legislation. My vote reflects my conviction that this tax increase will harm the people of Greenville County. Rep. DILL BLACKWELL

RECORD FOR VOTING

I voted against the Local Sales Tax, H. 3739, for the following reasons:

1. Sales tax is a regressive tax. It absorbs the income of the poor more than the middle to upper income.

2. Sales tax affects the elderly and those on a fixed income. Their purchasing power is diminished.

3. Sales tax is not deductible on income tax returns, but property taxes are.

4. Local option puts counties in business competition with each other, and it also affects the border counties near North Carolina and Georgia and could decrease their revenues because of loss of sales.

5. Retailers will have a big job of bookkeeping, especially the chain stores that operate in some counties that have the tax and some that don't.

6. Currently, S.C. ranks 29th in sales taxes paid per capita. If every county adopts the local option sales tax, we will go to number 18. State revenue will be decreased because purchasing power is reduced, therefore less taxable goods are bought.

7. The rollback feature does not guarantee that local governments will not increase property tax millage. There is no cap imposed and this feature is not stated in the referendum.

8. This Bill provides for subsidizing one county by another county. Rep. IRENE K. RUDNICK

SPEAKER IN CHAIR
CONCURRENT RESOLUTION

On motion of the Orangeburg Delegation, with unanimous consent, the following was taken up for immediate consideration:

H. 4350 -- Orangeburg Delegation: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.

Whereas, South Carolina State College, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and

Whereas, South Carolina State College is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and

Whereas, South Carolina State College is the only public institution in South Carolina offering the Ed. D. Degree; and

Whereas, South Carolina State College is currently involved in more than four million dollars in research; and

Whereas, South Carolina State College is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and

Whereas, South Carolina State College's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and

Whereas, South Carolina State College's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and

Whereas, South Carolina State College's nationally accredited School of Engineering Technology is the only one in South Carolina; and

Whereas, South Carolina State College's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and

Whereas, South Carolina State College's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having a Brigadier General, a Lieutenant General, and a Major General on active duty and a Brigadier General retired; and

Whereas, South Carolina State College's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and

Whereas, South Carolina State College has more than twenty thousand alumni of record; and

Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,

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

That Wednesday, February 7, 1990, is declared South Carolina State College Day.

Be it further resolved that a copy of this resolution be forwarded to the President of South Carolina State College and the Chairman of the Orangeburg Legislative Delegation.

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

S. 49--RECALLED FROM LEGISLATIVE COUNCIL

On motion of Rep. BEASLEY, with unanimous consent, the following Bill was ordered recalled from the Legislative Council.

S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.

S. 49--RECONSIDERED AND TABLED

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

S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.

Rep. BEASLEY moved to table the Bill, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. KLAPMAN, from the Lexington Delegation, submitted a favorable report, on:

H. 4287 -- Reps. Klapmen, Sturkie, Sharpe, Derrick, Felder and Koon: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.

H. 4287--ORDERED TO THIRD READING

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

H. 4287 -- Reps. Klapmen, Sturkie, Sharpe, Derrick, Felder and Koon: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.

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

H. 4287--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FELDER, with unanimous consent, it was ordered that H. 4287 be read the third time tomorrow.

INTRODUCTION OF BILLS

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

H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.

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

H. 4352 -- Reps. Rama, T. Rogers, Moss, Quinn, Barber, Winstead, Corbett, Harwell, Mappus, Klapman, Sturkie, Hallman, Burch, J. Harris, Jaskwhich, J.C. Johnson, Harrison, Waites, Kohn, T.M. Burriss, Haskins, Keegan, Wright, Cork, Washington, Wofford and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-200 SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES ARE NOT PERMITTED ON PUBLIC SCHOOL PROPERTY OR IN PUBLIC SCHOOL FACILITIES WHETHER OR NOT THE PROPERTY OR FACILITY IS USED FOR SCHOOL PURPOSES AND TO PROVIDE FOR THE SECTION TO APPLY TO PROPERTY AND FACILITIES USED FOR KINDERGARTEN THROUGH GRADE TWELVE.

Referred to Committee on Education and Public Works.

H. 4353 -- Reps. Rama, Kohn, Holt, Mappus, Winstead, J. Bailey and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4354 -- Reps. Rama, H. Brown, G. Brown, P. Harris, Sturkie, Klapman, J. Bailey, Elliott, Harrison, Rudnick, L. Martin, Wilder, Barfield, Cork, Wright and Vaughn: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THIS LICENSE PLATE, AND THAT THIS PLATE IS PERMANENT.

Referred to Committee on Education and Public Works.

H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.

Referred to Committee on Agriculture and Natural Resources.

H. 4356 -- Reps. Harvin, Smith, Harwell, Glover, Phillips, Elliott, J. Brown and Gordon: A BILL TO REQUIRE INSURERS WHO OFFER OR PROVIDE HOMEOWNER'S INSURANCE TO OFFER, AS A PART OF THE CONTRACT OR POLICY OF HOMEOWNER'S INSURANCE, COVERAGE FOR AND PROTECTION AGAINST THE PERILS OF FLOOD, EARTHQUAKE, AND HAIL.

Referred to Committee on Labor, Commerce and Industry.

H. 4357 -- Reps. Ferguson, Taylor, G. Brown, Blanding, Harwell, Barber, Kay, J. Bailey, K. Bailey, D. Martin, Smith, Wilder, Whipper, Holt, Elliott, Glover, Mattos, G. Bailey, Kinon and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-345 SO AS TO REQUIRE LICENSED COMMUNITY RESIDENTIAL CARE FACILITIES TO COMPLY WITH FEDERAL AND STATE NONDISCRIMINATION LAWS.

Referred to Committee on Judiciary.

H. 4358 -- Reps. Ferguson, Glover, Gordon, Whipper, Washington, D. Martin, K. Bailey and Littlejohn: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CLOSING VOTER REGISTRATION BOOKS, SO AS TO PROVIDE THAT A QUALIFIED PERSON MAY REGISTER TO VOTE AT THE POLLING PLACE FOR THE PRECINCT IN WHICH THE INDIVIDUAL MAINTAINS RESIDENCE; AND TO REPEAL SECTION 7-5-180 RELATING TO PROCEDURE FOR REGISTRATION WHEN QUALIFICATION IS COMPLETED AFTER CLOSING OF BOOKS.

Referred to Committee on Judiciary.

H. 4359 -- Reps. Ferguson, Glover, Whipper, Washington, Mattos, Winstead, Kay, Smith, Gordon, D. Martin and K. Bailey: A BILL TO AMEND SECTION 36-2-312, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WARRANTY IN A CONTRACT OF SALE, SO AS TO PROVIDE FOR A BREACH OF WARRANTY OF TITLE FOR A FAILURE OF THE SELLER TO PROVIDE A CERTIFICATE OF TITLE AND TO PROVIDE REMEDIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.

Referred to Committee on Judiciary.

H. 4361 -- Reps. Rudnick, G. Bailey, Limehouse, Corbett, Huff, Haskins, Cole, D. Martin, Vaughn, Sturkie, D. Williams, Moss, Littlejohn, Nesbitt, Felder, Corning, Davenport, Elliott, Mappus, McGinnis, Jaskwhich and K. Bailey: A BILL TO AMEND SECTION 12-43-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM ASSESSMENT FOR PROPERTY TAXES, SO AS TO PROVIDE THAT THE ASSESSED VALUES DETERMINED IN A REASSESSMENT PROGRAM FIRST APPLY FOR THE TAX YEAR BEGINNING AFTER THE REASSESSMENT YEAR; AND TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF ASSESSED VALUE OF TAXABLE PROPERTY, SO AS TO CONFORM THE SCHEDULE OF THE APPEAL PROCESS TO THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 4362 -- Reps. Rudnick, D. Martin, Smith, Davenport and Jaskwhich: A BILL TO AMEND SECTION 7-5-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTER REGISTRATION BY MAIL, SO AS TO PROVIDE THAT APPLICATIONS FOR REGISTRATION BY MAIL AND ALL OTHER FORMS NECESSARY FOR REGISTRATION MAY NOT REQUIRE THE APPLICANT TO STATE HIS RACE OR RELIGION OR INDICATE THE APPLICANT'S RACE OR RELIGION; TO AMEND SECTION 7-5-170, RELATING TO APPLICATIONS FOR VOTER REGISTRATION, SO AS TO DELETE REFERENCE TO RACE FROM THE APPLICATION FOR REGISTRATION AND TO PROHIBIT THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION FROM REQUIRING THE APPLICANT TO INDICATE HIS RACE OR RELIGION ON THE APPLICATION ITSELF OR ON OTHER FORMS NECESSARY FOR REGISTRATION; TO REQUIRE THE DELETION OF AN APPLICANT'S RACE OR RELIGION FROM THE ORIGINAL APPLICATION WHICH WAS ALREADY ON FILE IN THE OFFICE OF THE COUNTY BOARD OF REGISTRATION, UNDER EITHER SECTION 7-5-155 OR 7-5-170, ON THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE THAT VOTER REGISTRATION CERTIFICATES ISSUED UNDER TITLE 7 MAY NOT CONTAIN AN INDICATION OF THE VOTER'S RACE OR RELIGION; AND TO PROVIDE THAT VOTER REGISTRATION CERTIFICATES WHICH WERE ISSUED UNDER TITLE 7 BEFORE THE EFFECTIVE DATE OF THIS ACT AND WHICH CONTAIN AN INDICATION OF THE VOTER'S RACE OR RELIGION ARE VALID BUT MUST BE REPLACED.

Referred to Committee on Judiciary.

H. 4363 -- Reps. Rudnick, Huff, Smith and D. Martin: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS OF REDEMPTION FOR THE OWNER OF A MOBILE OR MODULAR HOME PERMITTED UNDER THE PROVISIONS OF SECTION 12-51-95, SO AS TO PROVIDE THAT THE DEFAULTING TAXPAYER SHALL PAY RENT TO THE PURCHASER IN AN AMOUNT NOT TO EXCEED FIFTY DOLLARS INSTEAD OF AN UNLIMITED AMOUNT.

Referred to Committee on Ways and Means.

H. 4364 -- Reps. Rudnick, Huff, Smith and D. Martin: A BILL TO REPEAL SECTION 12-43-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE ONE PERCENT LIMIT ON INCREASED REVENUE RESULTING FROM PROPERTY TAX EQUALIZATION AND REASSESSMENT PROGRAMS.

Referred to Committee on Ways and Means.

H. 4365 -- Reps. Harvin and R. Brown: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE QUALIFICATIONS FOR BEING A DESIGNATED PRODUCER, SO AS TO DELETE "RELATED PREMIUM SERVICE COMPANY" FROM THE TESTS FOR DESIGNATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4366 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-46 SO AS TO PROVIDE THAT AN EMPLOYEE OF A STATE AGENCY TRANSFERRING TO A SCHOOL DISTRICT OF THIS STATE OR A SCHOOL DISTRICT EMPLOYEE TRANSFERRING TO A STATE AGENCY IS PERMITTED TO TRANSFER TO AND RETAIN AT HIS NEW EMPLOYER ALL SICK LEAVE HE ACCUMULATED AT HIS FORMER EMPLOYER REGARDLESS OF HIS EMPLOYMENT STATUS AT THE NEW EMPLOYER.

Referred to Committee on Education and Public Works.

H. 4367 -- Rep. Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE CHEROKEE COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.

Rep. PHILLIPS asked unanimous consent to have the Bill placed on the calendar without reference. Rep. MOSS objected.

Referred to Cherokee Delegation.

H. 4368 -- Rep. McCain: A BILL TO REPEAL CHAPTER 11, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF RADIO COMMON CARRIERS; AND TO PROVIDE THAT THE REPEAL OF THIS CHAPTER MAY NOT BE CONSTRUED TO AUTHORIZE OR PROVIDE FOR THE REGULATION OF RADIO COMMON CARRIERS UNDER ANY OTHER CHAPTER OF TITLE 58 OR UNDER ANY OTHER PROVISION OF LAW.

Referred to Committee on Labor, Commerce and Industry.

H. 4369 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.

Without reference.

H. 4370 -- Rep. Taylor: A BILL TO ESTABLISH GUIDELINES FOR THE STATE IN CONDUCTING OR IN SUPERVISING AN ENVIRONMENTAL IMPACT STUDY AND THE APPROVAL OF AN ENVIRONMENTAL IMPACT STATEMENT FOLLOWING SUCH A STUDY FOR PROPOSED MINING OPERATIONS OR RELATED ACTIVITY WHENEVER THE AUTHORITY TO CONDUCT OR TO SUPERVISE THE STUDY IS DELEGATED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY OR BY SOME OTHER FEDERAL AGENCY OR INSTRUMENTALITY PURSUANT TO FEDERAL STATUTE OR REGULATION.

Referred to Committee on Agriculture and Natural Resources.

H. 4371 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4372 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.

Referred to Committee on Labor, Commerce and Industry.

H. 4373 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.

Referred to Committee on Labor, Commerce and Industry.

H. 4374 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4375 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4376 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA.

Referred to Committee on Labor, Commerce and Industry.

H. 4377 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.

Referred to Committee on Labor, Commerce and Industry.

H. 4378 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-75-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO WINDSTORM AND HAIL INSURANCE; SECTION 38-75-320, RELATING TO THE PURPOSE OF THE WINDSTORM AND HAIL INSURANCE PROVISIONS; AND SECTION 38-75-330, RELATING TO THE CREATION AND MEMBERS OF THE WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, SO AS TO CHANGE THE REFERENCES TO WINDSTORM TO WIND.

Referred to Committee on Labor, Commerce and Industry.

H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: A BILL TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE AND REPORTING REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.

Referred to Committee on Education and Public Works.

H. 4380 -- Reps. McKay, Harwell, McEachin, Nettles and Glover: A BILL TO PROVIDE FOR THE MANNER IN WHICH THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 4 IN FLORENCE COUNTY MUST BE ELECTED AND FOR THE METHOD OF ESTABLISHMENT OF THE TAX MILLAGE FOR THE DISTRICT.

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

H. 4381 -- Reps. Rudnick, Barber, Harvin, Fant, Washington, Elliott and Felder: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE FOR TRANSITION PROCEDURES FOR THIS PROVISION TO TAKE EFFECT.

Referred to Committee on Labor, Commerce and Industry.

H. 4382 -- Reps. Rudnick and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-180 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY TO GIVE PUBLIC NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AT LEAST THIRTY DAYS BEFORE IT ORDERS THE CONSTRUCTION OF A NEW CORRECTIONAL FACILITY OR THE RENOVATION OR ENLARGEMENT OF AN EXISTING FACILITY, AND TO SPECIFY THE SIZE OF THE NOTICE.

Referred to Committee on Judiciary.

H. 4383 -- Reps. Clyborne, D. Martin, White and McGinnis: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.

Referred to Committee on Judiciary.

H. 4384 -- Reps. Clyborne, D. Martin, White and McGinnis: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR TABULATING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.

Referred to Committee on Judiciary.

H. 4369--ORDERED TO BE READ SECOND
TIME TOMORROW

On motion of Rep. D. MARTIN, with unanimous consent, it was ordered that H. 4369 be read the second time tomorrow.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Foster                 Gentry
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--123

LEAVES OF ABSENCE

The SPEAKER granted Rep. LANFORD a temporary leave of absence.

The SPEAKER granted Rep. J. WILLIAMS a leave of absence for the day due to illness in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. J. Chris Hawk, III of Charleston is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4302 -- Reps. Corning and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CHILDREN'S TRUST FUND MARCH AND RALLY ON SATURDAY, JANUARY 13, 1990.

H. 4310 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS TO THE FAMILY AND FRIENDS OF DR. KATHRYN L. HINNANT, WHO WAS SENSELESSLY MURDERED AT BELLEVUE HOSPITAL IN NEW YORK CITY ON JANUARY 7, 1989, THE RESPECT OF THE GENERAL ASSEMBLY FOR HER, FOR HER WORK, AND FOR HER MEMORY.

H. 4311 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MISS INEZ WATSON OF COLUMBIA, FORMER CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4312 -- Reps. Clyborne, D. Martin, White and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS TO MS. SHEILA MCMILLAN OF COLUMBIA THE VERY BEST WISHES OF THE GENERAL ASSEMBLY FOR A QUICK AND COMPLETE RECOVERY FROM THE INJURIES SHE RECEIVED IN A RECENT AUTOMOBILE ACCIDENT.

H. 4313 -- Reps. T.C. Alexander and McLellan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPECIALIST PHILLIP SCOTT LEAR OF WESTMINSTER WHO WAS KILLED DURING COMBAT IN THE INVASION OF PANAMA BY AMERICAN MILITARY FORCES.

H. 4317 -- Spartanburg Delegation: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THE HONORABLE E. LEWIS MILLER AS MAYOR OF SPARTANBURG.

H. 4318 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILIES OF THE BRAVE PATRIOTS FROM SOUTH CAROLINA WHO LOST THEIR LIVES IN THE SERVICE TO THE UNITED STATES IN THE RECENT INVASION OF THE REPUBLIC OF PANAMA.

H. 4321 -- Reps. Rudnick, Klapman, Kinon, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE EDGAR L. MCGOWAN FOR HIS NINETEEN YEARS OF OUTSTANDING SERVICE AS COMMISSIONER OF LABOR AND WISHING HIM HAPPINESS IN HIS NEW ENDEAVORS.

H. 4322 -- Reps. Rudnick, Kinon, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY M. COKER OF RICHLAND COUNTY, DISTINGUISHED SERGEANT-AT-ARMS OF THE SENATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4323 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JULIA BURK BATES OF COLUMBIA AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4324 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JOHN L. HIXON OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4325 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE CLYDE F. STROM OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4326 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHARLES THOMAS MARSH OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4327 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JOHN G. LYON OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4328 -- Rep. Taylor: A CONCURRENT RESOLUTION TO COMMEND GENE'-GAP, INC., AN AIKEN BASED CORPORATION, FOR ORIGINATING AND IMPLEMENTING THE CONCEPT OF INTERGENERATIONAL DAY CARE WHERE OLDER ADULTS AND CHILDREN CAN INTERACT WITH EACH OTHER.

H. 4329 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. BERNARD D. SPRY OF COLUMBIA UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

H. 4331 -- Reps. Harvin, Klapman and Taylor: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

H. 4332 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE FUTURE HOMEMAKERS OF AMERICA CLUB OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR THE OUTSTANDING RECORD IT HAS ACHIEVED.

ADJOURNMENT

At 11:45 A.M. the House in accordance with the motion of Rep. MAPPUS adjourned to meet at 10:00 A.M. tomorrow.

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