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

THURSDAY, FEBRUARY 8, 1990

Thursday, February 8, 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:

Almighty God our Heavenly Father, Who feeds the birds and clothes the flowers, and Who cares for us as a father His children, guard us against distrust and overanxiousness. Cause us to know that "God is our Refuge and Strength, a very present Help in trouble" (Psalms 46:1). Make us strong in the knowledge of Your sure presence always, and of Your undergirding support. Give worthy purposes to those who lead, make wise those who sit in counsel, and make pure the thoughts of all everywhere that peace may be exalted over war, service above gain, and righteousness above glory.

Favorable hear us in this our prayer offered in Your Holy Name.

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.

The Report of the Joint Legislative Workers' Compensation Study and Review Committee and the Governor's Advisory Committee for the Improvement of Workers' Compensation Laws was received.

It will be printed in the Senate Journal on Friday, February 9.

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3823 -- Reps. Hodges, Boan, Fair and Haskins: A BILL TO REPEAL SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

Ordered for consideration tomorrow.

Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4607 -- Reps. Klapman, T. Rogers, Koon, Quinn, Sharpe, Derrick, Sturkie, T.M. Burriss, Waites, Corning and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM O. "BILL" ROWELL OF LEXINGTON FOR HIS ELECTION TO THE NATIONAL BOARD OF THE ASSOCIATION OF COMMUNITY COLLEGE TRUSTEES, AND FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4608 -- Reps. Koon, Mappus, Barber, Hallman, Holt, Rama, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Lanford, Limehouse, Littlejohn, Manly, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, 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 TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MISS CARMEL ANN GOODSTEIN OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4609 -- Reps. Koon, Rama, Hallman, Whipper, Mappus, Sturkie, Winstead, Holt, J. Bailey, Washington, D. Martin, M.O. Alexander, T.C. Alexander, Altman, G. 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, 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, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF JAMES D. (DAVID) CLELAND, JR., OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.

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

INTRODUCTION OF BILLS

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

H. 4610 -- Reps. McCain, Clyborne, L. Martin, McAbee, Kirsh, Wofford, Cooper, M.D. Burriss, McKay, Mattos, Boan, Tucker, J. Harris and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 TO TITLE 15 SO AS TO PROVIDE A CIVIL REMEDY FOR PERSONS INJURED AS VICTIMS OF SHOPLIFTING, PROVIDE EXCEPTIONS, AWARDING OF DAMAGES, AND ATTORNEY'S FEES, PROVIDE ESTOPPEL OF A DEFENDANT UNDER CERTAIN CONDITIONS, PROVIDE FOR ADMISSIBILITY OF A NOT GUILTY VERDICT, PROVIDE FOR A LIMITATION ON A CAUSE OF ACTION, PROVIDE THAT THE REMEDY UNDER THIS CHAPTER IS CUMULATIVE, REQUIRE ATTORNEY'S FEES AWARDED UNDER THIS CHAPTER BE TAXED AS COSTS, AND PROVIDE EXEMPTIONS.

Referred to Committee on Judiciary.

H. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4612 -- Reps. T.C. Alexander and J. Bailey: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR HAVE THE VEHICLE'S REGISTRATION AND LICENSING SUSPENDED AND BE REQUIRED TO SURRENDER THE REGISTRATION AND LICENSE PLATES ON THE VEHICLE, SO AS TO DELETE CERTAIN REINSTATEMENT FEES, AND TO PROVIDE THAT OTHER REINSTATEMENT FEES OF THE SECTION DO NOT APPLY UNLESS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TAKES POSSESSION OF THE SUSPENDED LICENSE PLATES AND REGISTRATION CERTIFICATE WITHIN THIRTY DAYS OF THE DATE OF SUSPENSION.

Referred to Committee on Labor, Commerce and Industry.

H. 4613 -- Judiciary Committee: A BILL TO AMEND CHAPTER l7, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Without reference.

H. 4614 -- Reps. Corning, Wright, Rama, Holt, Smith, D. Martin, J. Bailey, Sturkie, Altman, Davenport, Phillips and Cole: A BILL TO AMEND CHAPTER 25, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SCHOOL TEACHERS, BY ADDING ARTICLE 4 SO AS TO PROVIDE AN ALTERNATE METHOD OF TEACHER CERTIFICATION BASED UPON SUCCESSFUL COMPLETION OF TRAINING PROGRAMS APPROVED BY THE STATE BOARD OF EDUCATION.

Referred to Committee on Education and Public Works.

H. 4615 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF OCEAN VIEW FOUNDATION, INC.

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

H. 4618 -- Rep. Beasley: A BILL TO AMEND SECTION 58-17-1450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF RAILROAD CROSSINGS, SO AS TO INCREASE FROM THIRTY TO SIXTY DAYS THE TIME WITHIN WHICH THE REMOVAL AND ELIMINATION OF OBSTRUCTION MUST BE MADE AFTER RECEIPT OF NOTIFICATION AND TO INCREASE FROM TEN TO THIRTY DAYS THE TIME FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 4619 -- Reps. Beasley, Hayes and Fair: A BILL TO REPEAL SECTION 20-7-2355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT REQUIRED WHEN A CHILD IS REMOVED WITHIN SIX MONTHS AFTER HIS BIRTH FROM HIS BIOLOGICAL MOTHER.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4616 -- Reps. Keyserling, J. Harris, H. Brown and Nesbitt: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 28, 1990, AS THE TIME FOR A JOINT ASSEMBLY OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF HEARING REMARKS FROM JOHN FROHNMAYER, RECENTLY APPOINTED AS CHAIRMAN OF THE NATIONAL ENDOWMENT FOR THE ARTS BY PRESIDENT BUSH.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4617 -- Reps. Keyserling, J. Harris, H. Brown, T. Rogers and Nesbitt: A CONCURRENT RESOLUTION TO COMMEND GUY F. LIPSCOMB FOR HIS EXTRAORDINARY SERVICE TO THE SOUTH CAROLINA STATE MUSEUM FOR THE BENEFIT OF ALL SOUTH CAROLINIANS.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             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                   Farr                   Ferguson
Glover                 Gordon                 Hallman
Harris, J.             Harwell                Hayes
Hendricks              Hodges                 Holt
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                   Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Taylor                 Tucker                 Vaughn
Waites                 Waldrop                Washington
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on February 8, 1990.

Larry Gentry                      C. Lenoir Sturkie
Carole Wells                      Ennis M. Fant
Eugene Stoddard                   Samuel R. Foster
Jack Gregory                      Patrick B. Harris
George H. Bailey                  Ronald P. Townsend
Ken Bailey                        Rick Quinn
Denny W. Neilson                  John G. Felder
Thomas E. Huff                    C. Alex Harvin, III
Total Present--122

SENT TO THE SENATE

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

H. 4570 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 2, GREENVILLE.

H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR PRECINCT 102, MAULDIN.

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.

H. 4546 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CONSOLIDATED COMMUNICATIONS CORPORATION DBA CCOM, INC., IN KERSHAW COUNTY.

H. 4563 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1196, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4564 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OPERATION AND FUNDING OF TEACHER TRAINING COURSES IN MATHEMATICS, SCIENCE, READING AND COMPUTER EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1176, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4565 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4566 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES UTILIZED BY THE STATE BOARD OF EDUCATION IN THE APPROVAL OF TEACHER EDUCATION PROGRAMS OFFERED BY COLLEGES AND UNIVERSITIES IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1197, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4567 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1173, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4568 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR CLUB CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1136, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4583 -- Rep. Koon: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS IN LAKE MURRAY, SO AS TO FURTHER PROVIDE FOR THE WATERS TO WHICH THIS PROVISION APPLIES.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.

S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.

H. 3121--OBJECTION

The following Bill was taken up.

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

Rep. BEASLEY objected to the Bill.

H. 3223--DEBATE ADJOURNED

The following Bill was taken up.

H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 7, by the Committee on Ways and Means.

Rep. J.W. JOHNSON explained the amendment and moved to adjourn debate upon the Bill until Tuesday, February 13, which was adopted.

ORDERED TO THIRD READING

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

H. 4547 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.

Rep. KIRSH explained the Bill.

H. 4262 -- Reps. Wilkins, Nettles and Burch: A BILL TO AMEND SECTION 24-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE REFERENCE TO THE DATE CERTAIN BY WHICH THE COMMISSION IS REQUIRED TO PRESCRIBE ADVISORY SENTENCING GUIDELINES FOR THE GENERAL SESSIONS COURT FOR ALL OFFENSES FOR WHICH A TERM OF IMPRISONMENT OF GREATER THAN ONE YEAR IS ALLOWED; AND TO AMEND ACT 152 OF 1989, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO PROVIDE THAT THE ADVISORY SENTENCING GUIDELINES MUST BE PRESCRIBED ON OR BEFORE JANUARY 31, 1991, AND TO PROVIDE THAT THE CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES WHICH THE COMMISSION IS REQUIRED TO RECOMMEND TO THE GENERAL ASSEMBLY MUST BE RECOMMENDED ON OR BEFORE JANUARY 31, 1991, RATHER THAN BY DECEMBER 1, 1990.

H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.

Rep. CHAMBLEE explained the Bill.

H. 4591 -- Agriculture and Natural Resources Committee: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO REGULATE THE STATE WAREHOUSE SYSTEM; AND TO REPEAL CHAPTER 21 OF TITLE 39 RELATING TO THE STATE'S AGRICULTURAL WAREHOUSES.

H. 3169--POINT OF ORDER

The following Bill was taken up.

H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.

POINT OF ORDER

Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4233--POINT OF ORDER

The following Bill was taken up.

H. 4233 -- Reps. McLellan and L. Martin: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO AS TO PROVIDE NEW OFFENSES AND PENALTIES PERTAINING TO THE TAKING OF BEAR AND BEAR PARTS AND TO DELETE THE PROVISION FOR THE ISSUANCE OF PERMITS TO KILL NUISANCE BEARS.

POINT OF ORDER

Rep. KOHN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4404--POINT OF ORDER

The following Bill was taken up.

H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.

POINT OF ORDER

Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 353--OBJECTION AND POINT OF ORDER

The following Bill was taken up.

S. 353 -- Senators McGill, Hinds and Land: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT THE REQUIREMENT THAT SET HOOKS MUST HAVE A CERTAIN IDENTIFICATION TAG DOES NOT APPLY IN GAME ZONE NO. 9.

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0378X).

Amend the bill, as and if amended, Section 50-13-1116, as contained in SECTION 1, by striking the second paragraph and inserting:

/Except for fishing devices used by residents over sixty-five years of age and children under sixteen years of age, nongame Nongame fishing devices as specified by item (2) of Section 50-13-1115(2) must have an identification tag bearing the owner's name and address attached to it./

Amend title to conform.

Rep. RHOAD explained the amendment.

Rep. PHILLIPS objected to the Bill.

POINT OF ORDER

Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4209--POINT OF ORDER

The following Bill was taken up.

H. 4209 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY OR PHYSICIAN, SO AS TO INCREASE THE MINIMUM CHARGE WHICH MAY BE IMPOSED FOR PROVIDING THIS INFORMATION.

Rep. J.W. JOHNSON explained the Bill.

POINT OF ORDER

Rep. LIMEHOUSE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3517--POINT OF ORDER

The following Bill was taken up.

H. 3517 -- Reps. Kirsh, T.M. Burriss, G. Bailey, Harvin, Kohn, J.W. Johnson, Wells, McCain, Quinn, Wright, L. Martin and Blackwell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCEPTANCE OF BIDS UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO CHANGE THE REQUIREMENTS FOR LISTING SUBCONTRACTORS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0412X).

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

/SECTION     1.     Section 11-35-3020(2)(b) of the 1976 Code is amended to read:

"(b)     Bid Acceptance. In lieu of Section 11-35-1520(7), the following provisions shall apply. Bids shall must be accepted unconditionally without alteration or correction, except as otherwise authorized in this code. The using agency's invitation for bids shall set forth all requirements of the bid including but not limited to the following:

(1)     Any bidder or offeror in response to an invitation for bids shall set forth in his bid or offer the name and the location of the place of business of each subcontractor who will perform work or render service to the prime contractor to or about the construction, and who will specifically fabricate and install a portion of the work and whose contract will exceed two percent of the prime contractor's total base bid in an amount that exceeds the following percentages:

Prime contractor's total bid up

to three million dollars 2 1/2%

Prime contractor's total bid is

three million to five million dollars 2%

Prime contractor's total bid is

over five million dollars 1 1/2%.
If the prime contractor determines to use his own employees to perform any portion of the work for which he would otherwise be required to list a subcontractor, the prime contractor shall indicate this in his bid and not subcontract any of that work except with the approval of the using agency for good cause shown. For purposes of this subsection, approval must be granted where the contractor intends to purchase the materials to be used, but has decided after the bidding to contract for labor only, on a unit price basis, provided both of the following apply:

(a)     At the time of the bid, the prime contractor had the capacity and intent to carry out the work with his own employees, and

(b)     The prime contractor has performed such work with his own employees in the past.

(ii)     Failure to list subcontractors in accordance with this section and any regulation which may be promulgated by the board shall render renders the prime contractor's bid unresponsive.

(iii)     No prime contractor whose bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except with the consent of the awarding authority, for good cause shown for one or more of the following reasons:

(a)     upon a showing made by the contractor to the using agency that a subcontractor who was listed appears not to be financially responsible;

(b)     upon a showing by the contractor to the using agency that the scope of work bid by a listed subcontractor did not include a portion of the work required in the plans and specifications, and the exclusion is not clearly set forth in the listed subcontractor's original bid;

(c)     upon a showing made by the contractor to the using agency within four working days of the bid opening that the subcontractor was listed as a result of an inadvertent clerical error;

(d)     when the listed subcontractor fails or refuses to submit a performance and payment bond if it is requested by the prime contractor;

(e)     when the listed subcontractor is required to be licensed by law and does not have the required license;

(f)     when the listed subcontractor fails or refuses to perform his subcontract;

(g)     when the listed subcontractor becomes bankrupt or insolvent provided that any necessary approval of the United States Bankruptcy Court be obtained before substitution;

(h)     when the work of the listed subcontractor is found to be substantially unsatisfactory;

(i)     upon mutual agreement of the contractor and subcontractor;

(j)     with the consent of the using agency for good cause shown;
The request for substitution must be made to the using agency in writing. This statement does not give rise to any private right of action against the prime contractor in the absence of actual malice.

(iv)     The using agency shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening. Where substitution is allowed, the prime contractor must, before obtaining prices from any other subcontractor, attempt in good faith to negotiate a subcontract with at least one subcontractor whose bid was received prior to the submission of the prime contractor's bid.
Nothing in this section affects a contractor's ability to request withdrawal of a bid in accordance with the provisions of this code and the regulations promulgated under it.

(v)     The using agency shall send all responsive bidders a copy of the bid tabulation within ten working days following the bid opening.

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. WILKINS explained the amendment.

POINT OF ORDER

Rep. TAYLOR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4353--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4418--POINT OF ORDER

The following Bill was taken up.

H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.

POINT OF ORDER

Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4335--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 4335 however, other objections remained upon the Bill.

OBJECTION TO RECALL

Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.

Rep. LIMEHOUSE objected.

H. 3882--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.

Rep. McLELLAN 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.

SENT TO THE SENATE

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

H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.

MOTION PERIOD

Rep. WINSTEAD moved to dispense with the Motion Period.

As a first substitute Rep. LITTLEJOHN moved to recall H. 3881 from the Labor, Commerce and Industry Committee.

As a second substitute Rep. BRUCE moved to recall H. 3210 from the Education and Public Works Committee.

Rep. WINSTEAD moved to table the motion.

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

Yeas 28; Nays 79

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Brown, R.
Burriss, T.M.          Cork                   Elliott
Fair                   Gentry                 Harris, J.
Harris, P.             Hayes                  Hendricks
Johnson, J.W.          Kay                    Keegan
Klapman                McLellan               McTeer
Nesbitt                Rudnick                Sharpe
Sheheen                Simpson                Smith
Stoddard               Sturkie                Waites
Wilkes

Total--28

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Baker                  Barber                 Barfield
Baxley                 Bennett                Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Davenport
Derrick                Faber                  Fant
Farr                   Foster                 Glover
Gordon                 Gregory                Hallman
Harwell                Holt                   Huff
Jaskwhich              Keesley                Keyserling
Kinon                  Kirsh                  Kohn
Koon                   Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McGinnis
McLeod                 Moss                   Neilson
Phillips               Quinn                  Rama
Rhoad                  Snow                   Taylor
Townsend               Tucker                 Vaughn
Waldrop                Washington             Wells
Whipper                White                  Wilder
Williams, D.           Winstead               Wofford
Wright

Total--79

So, the House refused to table the motion.

The question then recurred to the motion to recall H. 3210 from the Education and Public Works Committee, which was agreed to.

Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.

S. 1049--POINT OF ORDER

The following Bill was taken up.

S. 1049 -- Senators Mullinax, O'Dell and Macaulay: 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.

POINT OF ORDER

Rep. CHAMBLEE made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Rep. T. ROGERS moved that the House do now adjourn.

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

Yeas 8; Nays 88

Those who voted in the affirmative are:

Bailey, J.             Carnell                Hodges
McAbee                 Rogers, T.             Simpson
Washington             Williams, D.

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barfield
Baxley                 Bennett                Blanding
Brown, G.              Brown, H.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cooper                 Corbett                Cork
Corning                Davenport              Derrick
Elliott                Faber                  Fant
Farr                   Foster                 Gentry
Gordon                 Gregory                Hallman
Harris, P.             Harwell                Hayes
Hendricks              Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
Limehouse              Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod                 Moss                   Neilson
Nesbitt                Phillips               Quinn
Rama                   Sharpe                 Sheheen
Short                  Smith                  Snow
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilder                 Wilkes
Wilkins                Winstead               Wofford
Wright

Total--88

So, the House refused to adjourn.

H. 3154--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3154 -- Reps. Huff and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1736U).

Amend the bill, as and if amended, by striking subsection (A) of Section 56-1-1910, as contained in SECTION 1, and inserting:

/(A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:

(1)     for a conviction for a first offense, for a period of thirty days;

(2)     for a conviction for a second offense, for a period of sixty days;

(3)     for a conviction for a third or subsequent offense, for a period of ninety days./

Amend the bill further, as and if amended, by striking Section 61-13-837, as contained in SECTION 2, and inserting:

/Section 61-13-837. Convictions or adjudications of the Family Court of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 must be reported to the South Carolina Department of Highways and Public Transportation./

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. LIMEHOUSE spoke against the amendment and moved to adjourn debate upon the Bill until Thursday, February 22.

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

Yeas 44; Nays 60

Those who voted in the affirmative are:

Bailey, G.             Bailey, K.             Baxley
Bennett                Brown, J.              Bruce
Carnell                Cole                   Cork
Faber                  Fant                   Farr
Ferguson               Glover                 Gordon
Gregory                Harris, J.             Harwell
Johnson, J.C.          Kay                    Keesley
Kinon                  Kirsh                  Lanford
Limehouse              Littlejohn             Manly
Martin, D.             McAbee                 McBride
Phillips               Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Smith                  Taylor                 Townsend
Waites                 Washington             Whipper
White                  Wilkes

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barfield
Blackwell              Blanding               Brown, G.
Brown, H.              Brown, R.              Burriss, T.M.
Chamblee               Clyborne               Corbett
Corning                Davenport              Derrick
Elliott                Fair                   Foster
Gentry                 Hallman                Harris, P.
Hayes                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Keyserling
Klapman                Koon                   Mappus
Martin, L.             McCain                 McEachin
McGinnis               McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Rama                   Rhoad
Simpson                Snow                   Stoddard
Sturkie                Tucker                 Vaughn
Waldrop                Wells                  Wilkins
Winstead               Wofford                Wright

Total--60

So, the House refused to adjourn debate.

Rep. McLEOD moved to continue the Bill.

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

Yeas 18; Nays 75

Those who voted in the affirmative are:

Blanding               Brown, G.              Brown, J.
Bruce                  Cole                   Faber
Fant                   Gregory                Harwell
Kinon                  Lanford                Littlejohn
McBride                McLeod                 Rudnick
Sharpe                 Smith                  Taylor

Total--18

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Bennett
Blackwell              Brown, H.              Brown, R.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Fair
Gentry                 Gordon                 Harris, J.
Harris, P.             Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Koon                   Manly                  Mappus
Martin, L.             McAbee                 McCain
McEachin               McGinnis               McLellan
Moss                   Neilson                Nesbitt
Quinn                  Rama                   Rhoad
Sheheen                Short                  Simpson
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilder                 Wilkes                 Wilkins
Winstead               Wofford                Wright

Total--75

So, the House refused to continue the Bill.

Rep. HUFF spoke in favor of the amendment.

Rep. HARWELL spoke against the amendment.

Rep. FABER moved that the House do now adjourn.

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

Yeas 57; Nays 53

Those who voted in the affirmative are:

Altman                 Bailey, G.             Bailey, K.
Baxley                 Bennett                Blanding
Brown, G.              Brown, J.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Carnell                Cole                   Corning
Elliott                Faber                  Gregory
Hallman                Harris, P.             Hendricks
Johnson, J.W.          Kay                    Keesley
Keyserling             Klapman                Lanford
Limehouse              Littlejohn             Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McGinnis               McLellan
McLeod                 Nesbitt                Nettles
Rhoad                  Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Stoddard
Taylor                 Washington             Whipper
White                  Wilder                 Wilkes
Williams, J.           Winstead               Wofford

Total--57

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barfield               Beasley
Blackwell              Boan                   Chamblee
Clyborne               Corbett                Cork
Davenport              Derrick                Fair
Fant                   Farr                   Ferguson
Foster                 Gentry                 Glover
Gordon                 Harris, J.             Harwell
Hayes                  Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Keegan                 Kinon                  Kirsh
Koon                   Mappus                 McCain
McEachin               McElveen               McTeer
Moss                   Neilson                Phillips
Quinn                  Rama                   Snow
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilkins                Wright

Total--53

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4588 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. CHARLIE JAMES (BUCK) GAMBLE OF CLARENDON COUNTY, CO-FOUNDER OF THE WALKER-GAMBLE SCHOOL OF THE EAST CLARENDON SCHOOL DISTRICT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4594 -- Rep. Davenport: A CONCURRENT RESOLUTION TO COMMEND PRICE'S STORE FOR MEN IN SPARTANBURG FOR OPERATING A POPULAR AND SUCCESSFUL BUSINESS SINCE 1903.

H. 4595 -- Reps. Washington, Mappus, Rama, Whipper, Holt, D. Martin, Hallman, Kohn, Winstead and J. Bailey: A CONCURRENT RESOLUTION TO COMMEND CHARLESTON COUNTY RADIO STATION WPAL FOR ITS TREMENDOUS ASSISTANCE TO THE COUNTY AND STATE DURING AND AFTER HURRICANE HUGO.

H. 4596 -- Reps. D. Williams, Wofford, H. Brown and J. Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MAUDE E. CALLEN OF THE PINEVILLE COMMUNITY IN BERKELEY COUNTY, UPON HER DEATH.

H. 4597 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES WALLACE (JIMMY) BLACKWOOD, SR., FORMER MAYOR OF UNION, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4598 -- Rep. Farr: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF LARKIN H. JENNINGS, JR., OF UNION COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4607 -- Reps. Klapman, T. Rogers, Koon, Quinn, Sharpe, Derrick, Sturkie, T.M. Burriss, Waites, Corning and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM O. "BILL" ROWELL OF LEXINGTON FOR HIS ELECTION TO THE NATIONAL BOARD OF THE ASSOCIATION OF COMMUNITY COLLEGE TRUSTEES, AND FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION.

H. 4608 -- Reps. Koon, Mappus, Barber, Hallman, Holt, Rama, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Lanford, Limehouse, Littlejohn, Manly, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rhoad, J. Rogers, T. Rogers, Rudnick, 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 TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MISS CARMEL ANN GOODSTEIN OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.

H. 4609 -- Reps. Koon, Rama, Hallman, Whipper, Mappus, Sturkie, Winstead, Holt, J. Bailey, Washington, D. Martin, M.O. Alexander, T.C. Alexander, Altman, G. 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, 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, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford and Wright: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF JAMES D. (DAVID) CLELAND, JR., OF NORTH CHARLESTON WHO WAS KILLED DURING THE LEGISLATIVE INTERIM IN THE CRASH OF UNITED AIRLINES FLIGHT 232 IN SIOUX CITY, IOWA.

H. 4617 -- Reps. Keyserling, J. Harris, H. Brown, T. Rogers and Nesbitt: A CONCURRENT RESOLUTION TO COMMEND GUY F. LIPSCOMB FOR HIS EXTRAORDINARY SERVICE TO THE SOUTH CAROLINA STATE MUSEUM FOR THE BENEFIT OF ALL SOUTH CAROLINIANS.

ADJOURNMENT

At 11:25 A.M. the House in accordance with the motion of Rep. FABER adjourned to meet at 10:00 A.M. tomorrow.

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