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

THURSDAY, MARCH 1, 1990

Thursday, March 1, 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 and Eternal God, in Whom we find peace for our lives and strength for our tasks, give us sensitive ears to hear Your voice, teachable wills to learn Your way, and obedient minds to follow Your guidance. Make us to believe You more completely, to love You more sincerely, and to follow You more closely. Direct us in our silence and in our speech; in our labors and in our leisure; in our companionship and in our solitude; in the freshness of the morning and in the weariness of the evening. We ask not for the praise from others, but for the satisfaction of being faithful stewards of Your abundant and varied blessings.

So help us as we pray with thankful hearts.

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 OF STANDING COMMITTEE

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

Invitation of South Carolina Petroleum Marketers Association for a reception, March 13, 1990, 6:00 P.M.-8:00 P.M. at the Marriott.

The invitation was accepted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4759 -- Reps. Koon, Sharpe, Klapman, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND HERMAN HELMS, RETIRED EXECUTIVE SPORTS EDITOR AND COLUMNIST FOR THE STATE, FOR HIS FORTY-TWO YEARS OF DISTINGUISHED SERVICE AS A SPORTS JOURNALIST, UPON HIS RETIREMENT, AND TO WISH HIM AND HIS LOVELY WIFE, NANCY, A HAPPY AND FRUITFUL RETIREMENT IN LEESVILLE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4760 -- Reps. Koon, Sharpe, Sturkie, Klapman and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON COUNTY CHAMBER OF COMMERCE UPON THE COMPLETION OF ITS OUTSTANDING NEW HEADQUARTERS BUILDING.

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

INTRODUCTION OF BILLS

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

H. 4761 -- Reps. Koon and Sturkie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-375 SO AS TO PROVIDE THAT AN OWNER OF A PARCEL OF REAL PROPERTY WHICH ABUTS A STATE, COUNTY, OR MUNICIPAL ROAD WHO OBTAINS A BUILDING PERMIT TO CONSTRUCT IMPROVEMENTS ON THIS PROPERTY MUST BE PROVIDED WITH THE RIGHT OF INGRESS AND EGRESS TO THIS PROPERTY OVER THE ROAD, AND TO REQUIRE THE ENTITY HAVING JURISDICTION OVER THE ROAD TO REMOVE OR PROVIDE ALTERNATE MEANS FOR CERTAIN IMPAIRMENTS WHICH RESTRICT THE PROVIDING OF REASONABLE INGRESS AND EGRESS.

Referred to Committee on Judiciary.

H. 4762 -- Reps. J.C. Johnson, Wilkins and Jaskwhich: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF JUROR TO APPEAR IN MAGISTRATE'S COURT, SO AS TO INCREASE THE PENALTY.

Referred to Committee on Judiciary.

H. 4763 -- Rep. McAbee: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Referred to Committee on Ways and Means.

H. 4764 -- Rep. McAbee: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Referred to Committee on Ways and Means.

H. 4765 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1205, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4766 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-45 SO AS TO PROVIDE THAT A COUNTY GOVERNING BODY IS AUTHORIZED TO CONTROL PYROTECHNICS OR BAN FIREWORKS WITHIN THE COUNTY OR ANY PART OF THE COUNTY DURING THOSE TIMES WHEN A FIRE HAZARD EXISTS AS A RESULT OF A NATURAL DISASTER.

Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. PHILLIPS objected.

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

H. 4767 -- Reps. Corning and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-296 SO AS TO PROVIDE THAT NO MUNICIPALITY WHICH IS A PROVIDER OF WATER OR SEWER SERVICE TO LANDOWNERS, FREEHOLDERS, OR RESIDENTS OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY MAY REQUIRE ANNEXATION, OR AN AGREEMENT TO ANNEX, AS A CONDITION FOR OTHER PERSONS TO RECEIVE THE WATER OR SEWER SERVICE, OR AS A CONDITION FOR TAKING STEPS TO GAIN THESE SERVICES, IF THESE PERSONS ARE NOT THEN RECEIVING THE WATER OR SEWER SERVICE.

Referred to Committee on Judiciary.

H. 4769 -- Rep. Kohn: A BILL TO REPEAL ARTICLE 3, CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE REQUIREMENTS FOR MOTOR VEHICLE REGISTRATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4770 -- Rep. McLellan: A BILL TO AMEND SECTIONS 13-17-30, 13-17-40, AND 13-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REDUCE THE MEMBERSHIP FROM TWENTY-FOUR TO THIRTEEN BY ELIMINATING SOME EX OFFICIO MEMBERS AND REDUCING THE ELECTED MEMBERS FROM TEN TO FIVE, TO AUTHORIZE THE AUTHORITY TO ESTABLISH AND OPERATE RESEARCH, COMPUTER AND TECHNOLOGY-RELATED PROJECTS, AND TO SPECIFY THAT THE AUTHORITY IS EXEMPT FROM INCOME, SALES AND USE, AND PROPERTY TAXES, AND TO REPEAL SECTIONS 13-17-110 AND 13-17-120 RELATING TO TAXES AND SURPLUS FUNDS OF THE SOUTH CAROLINA RESEARCH AUTHORITY.

Referred to Committee on Ways and Means.

H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.

Referred to Spartanburg Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 4768 -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING FULKS RUN ELEMENTARY SCHOOL AND THE COMMUNITY OF FULKS RUN, VIRGINIA FOR THEIR CONTRIBUTIONS TO THE RELIEF EFFORTS FOLLOWING HURRICANE HUGO, WHICH DEVASTATED BISHOPVILLE AND LEE COUNTY.

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 1, 1990.

Robert Hayes                      Liston Barfield
Paul M. Burch                     Ennis M. Fant
Thomas N. Rhoad                   William McCain
Rick Quinn                        Thomas E. Huff
Larry Gentry                      Samuel R. Foster
Jean Harris                       C. Lenoir Sturkie
Larry Koon                        George H. Bailey
Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the day due to personal reasons.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on February 28, 1990.

Rep. C. Alex Harvin, III

DOCTOR OF THE DAY

Announcement was made that Dr. Julius L. Leary, Jr. of Greenwood is the Doctor of the Day for the General Assembly.

MOTION ADOPTED

Rep. CORBETT moved that when the House adjourns it adjourn in memory of Joel Turberville of Horry County, which was agreed to.

ORDERED TO THIRD READING

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

H. 4745 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF THE HOLLY SPRINGS PRECINCT AND THE PUMPKINTOWN PRECINCT AS SHOWN ON THE OFFICIAL MAP DATED FEBRUARY 27, 1990.

S. 1285 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE CERTAIN PRECINCTS.

H. 4745--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4745 be read the third time tomorrow.

S. 1285--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. J. W. JOHNSON, with unanimous consent, it was ordered that S. 1285 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.

H. 3866 -- Rep. R. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DEFINE ITEMS OF HOUSEHOLD GOODS WHICH ARE EXEMPT.

H. 4254 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.

H. 4267 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.

H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.

H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.

H. 4701 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4702 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4708 -- Rep. Corning: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 1152 -- Banking and Insurance Committee: 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 AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.

S. 1153 -- Banking and Insurance Committee: 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.

S. 1154 -- Banking and Insurance Committee: 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.

S. 1156 -- Banking and Insurance Committee: 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.

S. 1171 -- Banking and Insurance Committee: 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.

H. 4474--ORDERED TO THIRD READING

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

H. 4474 -- Rep. Moss: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSING HOME ADMINISTRATORS, SO AS TO PROVIDE FOR THE LICENSURE OF NURSING HOME ADMINISTRATORS, PRESCRIBE CONDUCT FOR DISCIPLINARY ACTION, AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, INCLUDING THOSE FOR THE ISSUANCE OF LICENSE AND DISCIPLINARY PROCEEDINGS.

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

H. 3810--DEBATE ADJOURNED

Rep. MAPPUS moved to adjourn debate upon the following Bill until Wednesday, March 7, which was adopted.

H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.

S. 627--ORDERED TO THIRD READING

The following Bill was taken up.

S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, February 28, by Rep. PHILLIPS.

Rep. PHILLIPS explained the amendment.

Rep. KLAPMAN moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 32 to 19.

Rep. RUDNICK proposed the following Amendment No. 3 (Doc. No. 0169X), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered Section 3 to read:

/"Section 8-11-170. When a state employee retires, a maximum of twenty days of his unused sick leave must be treated as thirty days of annual leave not to exceed forty-five days. If the employee has accumulated less than twenty days of sick leave, that number must be multiplied by one hundred fifty percent to determine the number of annual leave days to which he is entitled."/

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. BEASLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 52 to 16.

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

S. 883--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 883 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-456 SO AS TO PROHIBIT INSURERS FROM INCREASING PREMIUMS ON OR ADDING SURCHARGES TO AUTOMOBILE INSURANCE OF A PERSON CHARGED WITH A DRIVING VIOLATION UNLESS HE IS CONVICTED OF THE VIOLATION AND TO PROHIBIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FROM REPORTING AN ALLEGED VIOLATION TO INSURERS UNTIL THE PERSON CHARGED IS CONVICTED.

Rep. KOHN proposed the following Amendment No. 1 (Doc. No. 0885o), which was adopted.

Amend the bill, as and if amended, by striking Section 38-73-456 of the 1976 Code, as contained in Section 1, and inserting:

/Section 38-73-456. An insurer may not increase premiums on or add surcharges to automobile insurance of a person charged with a driving violation unless he is convicted of the violation. The Department of Highways and Public Transportation may not report an alleged violation to insurers until the person charged is convicted and when reporting must also report the conviction date./

Amend title to conform.

Rep. KOHN explained the amendment.

The amendment was then adopted.

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

H. 4444--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, March 7, which was adopted.

H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.

S. 792--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Reps. KLAPMAN and WILKINS proposed the following Amendment No. 1 (Doc. No. 0832X), which was adopted.

Amend the bill, as and if amended, Section 16-15-385(A), as contained in SECTION 1, page 1, line 43, by deleting /to work/ between /allowed/ and /in/.

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 4435--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.

Rep. FELDER explained the Bill.

Rep. KIRSH objected to the Bill.

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

H. 4349--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4349 -- Rep. McCain: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FRAUDULENT INTENT IN DRAWING AND UTTERING CHECKS, SO AS TO PROVIDE THAT WHERE THE ACCOUNT OF THE MAKER OR DRAWER OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER WAS CLOSED BEFORE THE DATE OF THE DRAFT, CHECK, OR OTHER WRITTEN ORDER, A PERSON OTHERWISE ENTITLED TO INSTITUTE PROSECUTION UNDER THE PROVISIONS OF THIS SECTION MAY DO SO WITHOUT GIVING THE NOTICE REQUIRED BY THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0830o), which was adopted.

Amend the bill, as and if amended, in item (e) of Section 34-11-70 of the 1976 Code, by adding after /closed/ on line 3 the following:
/by the maker or drawer of the instrument/.

When amended, item (e) shall read:

/(e)     Where the account of the maker or drawer of the draft, check, or other written order was closed by the maker or drawer of the instrument before the date of the draft, check, or other written order, a person otherwise entitled to institute prosecution under the provisions of this section may do so under the privileges and immunities of this section without giving the notice required by subsection (a)(1)./

Amend title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

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

H. 4419--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 6, which was adopted.

H. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.

INTERRUPTED DEBATE

The following Bill was taken up.

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

Reps. T. M. BURRISS and R. BROWN proposed the following Amendment No. 1 (Doc. No. 0688o).

Amend the bill, as and if amended, in Section 23-43-150 of the 1976 Code, as contained in SECTION 1, by striking the first paragraph of the section and inserting:

/No person shall may engage in the business of selling wholesale or retail as a manufacturer or manufacturer's representative of modular building units without being licensed by the Council council. The license shall authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and a surety bond or other security approved by the council and in an amount set by the council. A separate license and bond or security is required for each manufacturing facility./

Amend title to conform.

Rep. T. M. BURRISS explained the amendment.

Further proceedings were interrupted by expiration of time in the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. T.M. BURRISS having the floor.

S. 710--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8.

S. 710 -- Senators Nell W. Smith and Hayes: A BILL TO AMEND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE REGULATION OF AND STANDARDS FOR THE FACILITIES.

AMENDMENT NO. 8--TABLED

Debate was resumed on Amendment No. 8, which was proposed on Wednesday, February 28, by Reps. FAIR, BEASLEY and HAYES.

Rep. FAIR explained the amendment.

Reps. WHIPPER and WASHINGTON spoke against the amendment.

Rep. HENDRICKS spoke in favor of the amendment.

Rep. FAIR moved to adjourn debate upon the amendment.

Rep. WASHINGTON moved to table the amendment.

Rep. FAIR demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 60 to 12.

Rep. MOSS proposed the following Amendment No. 9 (Doc. No. 0703O), which was adopted.

Amend the bill, as and if amended, SECTION 3(B)(3) and (C)(3), page 45, lines 18 and 35, by striking /four members/ and inserting /six members/.

Amend title to conform.

Rep. MOSS explained the amendment.

The amendment was then adopted.

Reps. WHIPPER, KEYSERLING and WASHINGTON proposed the following Amendment No. 11 (Doc. No. 0848X), which was adopted.

Amend the bill, as and if amended, Section 20-7-2760(B), as contained in SECTION 1, page 32, by striking lines 25-26 and inserting:

/(B)     Not more than five members of the board may be representative of a church-related facility or home, and one member of the board must represent each of the following:/

Amend further, Section 20-7-2860(B), as contained in SECTION 1, page 39, by striking lines 40-41 and inserting:

/(B)     Not more than five members of each advisory committee may be representative of a church-related facility or home, and one member of each advisory committee must represent each of the following:/

Amend title to conform.

Rep. DAVENPORT proposed the following Amendment No. 12 (Doc. No. 0855X), which was tabled.

Amend the bill, as and if amended, page 31, item (7), line 40, by striking /six/ and inserting /eight/.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. BEASLEY spoke against the amendment and moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 49 to 24.

Reps. WHIPPER and WASHINGTON proposed the following Amendment No. 13 (Doc. No. 0858X), which was adopted.

Amend the report, as and if amended, Section 20-7-2760(B)(9), page 1, line 16, after /services/ by inserting /. At least one of the parents shall represent a low-income family/

Amend further, Section 20-7-2860(B)(9), page 2, line 10, after /services/ by inserting /. At least one of the parents shall represent a low-income family/

Amend title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted by a division vote of 39 to 32.

Reps. KEYSERLING, HAYES and BEASLEY proposed the following Amendment No. 14 (Doc. No. 0861X), which was adopted.

Amend the bill, as and if amended, by striking all of the following: page 40, lines 27-45; page 41, lines 1-45; and page 42, lines 1-25.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KEYSERLING continued speaking.

The amendment was then adopted.

The question then recurred to the passage of the Bill on second reading, as amended.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 105; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
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                Derrick
Elliott                Fair                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keegan                 Keyserling             Kirsh
Klapman                Kohn                   Koon
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McCain                 McGinnis
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams, D.
Winstead               Wofford                Wright

Total--105

Those who voted in the negative are:

Blanding               Davenport              Keesley
McElveen               Taylor

Total--5

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

S. 710--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. FAIR, with unanimous consent, it was ordered that S. 710 be read the third time tomorrow.

S. 699--SENATE AMENDMENTS AMENDED
AND RETURNED TO THE SENATE

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

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.

Reps. SHEHEEN, McLELLAN, J. BAILEY, BARBER, HALLMAN, HOLT, KOHN, MAPPUS, D. MARTIN, RAMA, WASHINGTON, WHIPPER and WINSTEAD proposed the following Amendment No. 4 (Doc. No. 0887o), which was adopted.

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

/SECTION 1.     Section 51-13-710 of the 1976 Code is amended to read:

"Section 51-13-710.     There is hereby created the Patriot's Point Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of nine five members hereinafter referred to as the Authority. On June 30, 1983, the General Assembly may transfer the powers, responsibilities, liabilities and assets of the Authority to the Department of Parks, Recreation and Tourism; but no obligation or contract of the Authority shall be impaired by such transfer, and the full faith and credit of the State shall be given to assure the performance of obligations so transferred."

SECTION 2. Section 51-13-720 of the 1976 Code is amended to read:

"Section 51-13-720. Members of the Authority shall must be appointed by the Governor as follows: one member from each congressional district upon nomination by the Congressman and three at large, one upon nomination by each United States Senator and one by the Governor, who shall serve as chairman. The terms of the members shall be for four years and until their successors are appointed and qualify except that of those to be appointed July 1, 1978, four members shall serve for two years and five shall serve for four years. The length of such terms shall be determined by lot. Members shall be eligible to succeed themselves. Vacancies shall be filled in the manner of the original appointment for the unexpired portion of the term only. Commencing July 1, 1978, the at-large member nominated by the Governor shall serve as chairman and on July 1, 1978, and each two years thereafter the members shall elect a vice-chairman and such other officers as they deem necessary from their membership.one upon the joint recommendation of the Chairman of the House Ways and Means Committee and the Speaker of the House, one upon the joint recommendation of the Chairman of the Senate Finance Committee and the President Pro Tempore of the Senate, and three to be appointed by the Governor. The Governor shall appoint the chairman. The terms of the members are for four years and until their successors are appointed and qualify. Members may succeed themselves. Vacancies must be filled in the same manner of the original appointment for the remainder of the unexpired term."

SECTION 3. Section 51-13-810 of the 1976 Code is amended to read:

"Section 51-13-810. As a means of raising the funds needed from time to time in the acquisition, construction, equipment, maintenance, and operation of any facility, building, structure, or any other matter or thing which the authority is herein authorized to acquire, construct, equip, maintain, or operate, all or any of them, the authority may issue bonds, payable both as to principal and interest from the revenues to be derived from admissions to and charges for the operation of all or any part of its properties and facilities, and the powers and authority granted to counties, cities, school districts and other political subdivisions of the State are hereby extended to and made available to the Authority. All revenue bonds issued by the Authority to obtain funds for the acquisition, construction, equipment, maintenance and operation of its properties and facilities shall be issued in accordance with the provisions of Sections 6-21-10 to 6-21-570, and all conditions, restrictions and limitations imposed by such sections, as amended, shall be observed by the Authority in the issuance of such bonds, except as follows:

(1) A pledge of the net revenues derived from the operation of its properties and facilities, all or any of them, rather than its gross revenues, may be made; and

(2) Free service may, in the discretion of the Authority, be afforded to the State of South Carolina or the United States of America, or any agency, political subdivision, department, corporation or instrumentality thereof, by any property or facility of the Authority to acquire, construct, equip, maintain and operate which funds were obtained from the revenue bonds purchased and held by a State or Federal agency, provided such free service is with the consent and at the request of the State or Federal agency then holding the whole of such revenue bonds, subject to the approval of the Budget and Control Board, may borrow money and make and issue negotiable notes, or other evidences of indebtedness and provide for their payment under terms and conditions the authority determines."

SECTION 4.     Section 51-13-840 of the 1976 Code is amended to read:

"Section 51-13-840. The property of the authority shall is not be subject to any taxes, or sums in lieu of taxes, or assessments thereon on the property."

SECTION 5. The 1976 Code is amended by adding:

"Section 51-13-860. The Budget and Control Board may transfer to the Authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development pursuant to Section 12-27-1270, for the purpose of the Authority participating in any court approved settlement of the claims and litigation brought against the Authority, its officers, employees or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the Authority, and for those other operating expenses necessary for the further development of the Authority. This transfer is considered a loan to the Authority and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period."

SECTION 6.     The 1976 Code is amended by adding:

"Section 51-13-870. On or before January 1, 1994, the Authority shall submit a report to the Governor and the General Assembly which provides a detailed status of the development activities, financial condition of the Authority, and recommendations for legislation to assure the permanent status of the Patriot's Point Naval and Maritime Museum."

SECTION 7. This act takes effect upon approval by the Governor, except that the provisions of Sections 1, 2, 5, and 6 of this act do not take effect until the date that all claims and litigation, brought against the Patriot's Point Development Authority, its officers, employees, or agents and arising from, related to, or connected with the development of a hotel and marina complex upon the lands of the Authority, have been settled or otherwise disposed of to the satisfaction of the Governor and the State Budget and Control Board as evidenced by written resolution of the Board. On the date of this written resolution, the terms of the present members of the Authority expire and their successors appointed in the manner provided by this act shall take office./

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4759 -- Reps. Koon, Sharpe, Klapman, Sturkie and Wright: A CONCURRENT RESOLUTION TO COMMEND HERMAN HELMS, RETIRED EXECUTIVE SPORTS EDITOR AND COLUMNIST FOR THE STATE, FOR HIS FORTY-TWO YEARS OF DISTINGUISHED SERVICE AS A SPORTS JOURNALIST, UPON HIS RETIREMENT, AND TO WISH HIM AND HIS LOVELY WIFE, NANCY, A HAPPY AND FRUITFUL RETIREMENT IN LEESVILLE.

H. 4760 -- Reps. Koon, Sharpe, Sturkie, Klapman and Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON COUNTY CHAMBER OF COMMERCE UPON THE COMPLETION OF ITS OUTSTANDING NEW HEADQUARTERS BUILDING.

H. 4768 -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING FULKS RUN ELEMENTARY SCHOOL AND THE COMMUNITY OF FULKS RUN, VIRGINIA FOR THEIR CONTRIBUTIONS TO THE RELIEF EFFORTS FOLLOWING HURRICANE HUGO, WHICH DEVASTATED BISHOPVILLE AND LEE COUNTY.

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

ADJOURNMENT

At 12:25 P.M. the House in accordance with the motion of Rep. CORBETTT adjourned in memory of Joel Turbeville of Horry County, to meet at 10:00 A.M. tomorrow.

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