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

TUESDAY, MARCH 13, 1990

Tuesday, March 13, 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:

We thank You, Lord, for this new day which we see as another gift from Your good hand. Help us appreciate its beauty and use its opportunities. Save us from toying with triffles when we should be inspired by the great. May we give our best to that which is of greatest good to Your people. Give us eyes to see Your beckoning, and spare us from floundering in indecision that wastes our time, subtracts from our peace, divides our efficiency, and multiplies our troubles. May we fear nothing except that knowing what is right then failing to do what is right.

So help us this day, our God, this day and every day. 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.

HOUSE RESOLUTION

The following was introduced:

H. 4811 -- Reps. Wright, M.D. Burriss, Mappus, Sharpe, Winstead, Hallman, Rama, Sturkie, Wells, Klapman, T.M. Burriss, Quinn, Haskins, Harrison, Wilkins, Corning, Kohn, Hendricks, Simpson, L. Martin, Cork, Cole, Bruce, Clyborne, Keegan, McCain, Koon, Corbett, Derrick, Davenport, Wofford, H. Brown, Limehouse, Jaskwhich, Littlejohn, Huff, Lanford, Vaughn, Barfield, Fair and Baker: A HOUSE RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MR. LEE ATWATER, CHAIRMAN OF THE REPUBLICAN NATIONAL COMMITTEE, FOR A SPEEDY RECOVERY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4812 -- Reps. Waites, Keyserling, Whipper, White, Manly, Rudnick, Glover, Neilson and Wells: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REDUCE DEFENSE SPENDING TO FUND VITAL DOMESTIC NEEDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4813 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE GIRLS BASKETBALL TEAM OF LANDRUM HIGH SCHOOL, SPARTANBURG COUNTY, ON ITS OUTSTANDING 1989-90 BASKETBALL SEASON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4814 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL GIRLS' BASKETBALL TEAM OF INMAN IN SPARTANBURG COUNTY FOR WINNING THE APPALACHIAN 2A CHAMPIONSHIP.

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

SILENT PRAYER

On motion of Rep. KLAPMAN the House stood in silent prayer in memory of Mrs. Meadows, President Holderman's mother-in-law.

MOTION ADOPTED

Rep. T.C. ALEXANDER moved that when the House adjourns it adjourn in memory of Snead Schumacher, former House Member, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4815 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ARCHITECTURAL-ENGINEERING OR LAND SURVEYING CONTRACTS, SO AS TO CLARIFY THE PROVISIONS GOVERNING THE NEGOTIATION AND AWARD OF SMALL CONTRACTS.

Referred to Committee on Labor, Commerce and Industry.

H. 4816 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-3030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND PAYMENT BONDS CONCERNING CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT SECURITY MAY BE PROVIDED IN LIEU OF A PERFORMANCE BOND AND PAYMENT BOND WHEN THE CONTRACT DOES NOT EXCEED FIFTY THOUSAND DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

H. 4817 -- Reps. Altman and T.M. Burriss: A BILL TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION, OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.

Referred to Committee on Judiciary.

H. 4818 -- Reps. Wright, Holt, Corbett, J. Bailey, Farr, Keesley, Whipper, Manly, Wells, Blackwell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-39-360 SO AS TO PROVIDE THAT A COUNTY AUDITOR, WITH THE APPROVAL OF THE COUNTY GOVERNING BODY, MAY CONTRACT WITH INDEPENDENT AGENTS FOR AID AND ASSISTANCE IN DISCOVERING PERSONAL PROPERTY THAT HAS ESCAPED PROPERTY TAXATION AND TO PROVIDE THE SOURCE OF COMPENSATION FOR THE AGENTS.

Referred to Committee on Ways and Means.

H. 4819 -- Reps. J.C. Johnson and Carnell: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DUI, SO AS TO PROVIDE THAT A VIOLATION OF A LAW OR ORDINANCE IN ANOTHER STATE FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS PURSUANT TO SECTION 56-1-650 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4820 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 7-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF VOTING PRECINCTS, SO AS TO REQUIRE EACH COUNTY TO DESIGNATE AND ESTABLISH ITS VOTING PRECINCTS AND VOTING PLACES; AND TO AMEND SECTION 7-7-710, RELATING TO ALTERATION OF PRECINCTS BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EACH COUNTY MAY ALTER THE PRECINCTS.

Referred to Committee on Judiciary.

H. 4821 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 15-35-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF CANCELLATION ON MARGIN OR INDEX OF JUDGMENT, SO AS TO REQUIRE ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN FORECLOSURE IN THE INDICES OF JUDGMENTS.

Referred to Committee on Judiciary.

H. 4822 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS AND PENALTIES, SO AS TO CLARIFY VIOLATION OF THE SPEED LIMIT.

Referred to Committee on Education and Public Works.

H. 4823 -- Reps. J.C. Johnson and Carnell: A BILL TO AMEND SECTION 16-25-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THIRD CONVICTION OF DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PRIOR CONVICTIONS FOR VIOLENT ACTS AGAINST A PERSON WHOSE RELATIONSHIP FALLS WITHIN THE CRIMINAL DOMESTIC VIOLENCE ACT ARE INCLUDED FOR SENTENCING PURPOSES.

Referred to Committee on Judiciary.

H. 4824 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO PROVIDE FOR A DEDUCTION OF ONE THOUSAND DOLLARS FOR PERSONS WHO HAVE RECEIVED ORGAN OR TISSUE TRANSPLANTS AND ARE REQUIRED TO TAKE IMMUNOSUPPRESSANT MEDICATIONS.

Referred to Committee on Ways and Means.

H. 4825 -- Reps. Davenport and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-242 SO AS TO PROVIDE THAT THE REQUIREMENTS FOR THE CONTINUING EDUCATION OF COSMETOLOGISTS MUST BE DETERMINED BY THE BOARD OF COSMETOLOGY.

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

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
Blackwell              Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Bruce                  Carnell                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Davenport              Elliott
Faber                  Fant                   Felder
Ferguson               Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Smith
Snow                   Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Washington
Whipper                White                  Wilkes
Williams, D.           Williams, J.           Winstead
Wofford                Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 13, 1990.

Samuel R. Foster                  L. Edward Bennett
Kenneth E. Bailey                 David H. Wilkins
Carole C. Wells                   Toney L. Farr
Roland S. Corning                 Milford D. Burriss
Larry E. Gentry                   T.M. Burriss
Paul W. Derrick                   Grady A. Brown
Paul M. Burch                     Thomas A. Limehouse
Derham J. Cole                    C. Lenoir Sturkie
Olin R. Phillips                  Joseph B. Wilder
Steve Lanford                     Michael L. Fair
Robert A. Kohn                    George H. Bailey
Larry L. Koon
Total Present--124

LEAVES OF ABSENCE

The SPEAKER granted Reps. WILDER and RHOAD a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

H. 4800--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendments to Section 39.

H. 4800
GENERAL APPROPRIATION BILL
SECTION 39--DEBATE ADJOURNED

Debate was resumed on Section 39.

Rep. HASKINS proposed the following Amendment No. 41 (Doc. No. 1647B).

Amend the bill, as and if amended, Part I, Section 39, Department of Health & Environmental Control, Page 0418, Line 07, by inserting in column (7)/9,021,492/ and in column (8)/680,110/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HASKINS explained the amendment.

Rep. R. BROWN moved to adjourn debate upon the section.

Rep. McLELLAN moved to table the motion.

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

Yeas 39; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Bennett                Blackwell
Blanding               Boan                   Carnell
Cooper                 Foster                 Gordon
Harris, J.             Harris, P.             Hayes
Hodges                 Johnson, J.C.          Johnson, J.W.
Kay                    Keesley                Keyserling
Kirsh                  Manly                  Martin, D.
Mattos                 McAbee                 McLellan
McLeod                 McTeer                 Nesbitt
Rudnick                Sheheen                Short
Stoddard               Waites                 Waldrop
Washington             White                  Williams, D.

Total--39

Those who voted in the negative are:

Bailey, J.             Baker                  Barber
Barfield               Baxley                 Beasley
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burriss, T.M.          Chamblee
Clyborne               Corbett                Cork
Elliott                Faber                  Fant
Farr                   Felder                 Glover
Hallman                Harrison               Harvin
Harwell                Haskins                Hendricks
Huff                   Jaskwhich              Keegan
Kinon                  Kohn                   Littlejohn
Mappus                 Martin, L.             McBride
McCain                 McEachin               McElveen
McGinnis               Moss                   Neilson
Nettles                Quinn                  Rama
Rogers, J.             Rogers, T.             Sharpe
Simpson                Smith                  Snow
Taylor                 Townsend               Tucker
Vaughn                 Wells                  Whipper
Wilkes                 Wilkins                Wofford
Wright

Total--61

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate on the section.

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

Yeas 58; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barfield               Baxley
Beasley                Brown, H.              Brown, R.
Bruce                  Burriss, T.M.          Clyborne
Corbett                Cork                   Elliott
Faber                  Farr                   Felder
Glover                 Hallman                Harrison
Harvin                 Harwell                Haskins
Hendricks              Huff                   Jaskwhich
Keegan                 Kinon                  Klapman
Kohn                   Littlejohn             Mappus
Martin, L.             McBride                McCain
McEachin               McGinnis               Moss
Neilson                Nettles                Quinn
Rama                   Rogers, J.             Rogers, T.
Sharpe                 Simpson                Smith
Snow                   Taylor                 Tucker
Vaughn                 Waldrop                Wells
Wilkes                 Wilkins                Wofford
Wright

Total--58

Those who voted in the negative are:

Altman                 Bailey, K.             Barber
Bennett                Blackwell              Blanding
Boan                   Brown, J.              Carnell
Chamblee               Cooper                 Foster
Gordon                 Harris, J.             Harris, P.
Hayes                  Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Keyserling             Kirsh                  Manly
Martin, D.             Mattos                 McAbee
McElveen               McLellan               McLeod
McTeer                 Nesbitt                Rudnick
Sheheen                Stoddard               Townsend
Waites                 Washington             Whipper
White                  Williams, D.           Winstead

Total--42

So, the motion to adjourn debate was agreed to.

SECTION 40--DEBATE ADJOURNED

Rep. R. BROWN moved to adjourn debate upon the section.

Rep. McLELLAN moved to table the motion.

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

Yeas 37; Nays 63

Those who voted in the affirmative are:

Altman                 Bailey, K.             Bennett
Blackwell              Blanding               Boan
Carnell                Foster                 Gordon
Harris, J.             Harris, P.             Hayes
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Keyserling             Kirsh                  Manly
Martin, D.             Mattos                 McAbee
McLellan               McTeer                 Nesbitt
Rudnick                Sheheen                Short
Stoddard               Waites                 Washington
Whipper                White                  Williams, D.
Williams, J.

Total--37

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barber                 Barfield
Baxley                 Beasley                Brown, H.
Brown, J.              Brown, R.              Bruce
Burriss, T.M.          Chamblee               Clyborne
Cooper                 Corbett                Cork
Elliott                Faber                  Felder
Glover                 Hallman                Harrison
Harvin                 Harwell                Haskins
Hendricks              Huff                   Jaskwhich
Keegan                 Kinon                  Kohn
Littlejohn             Mappus                 Martin, L.
McBride                McCain                 McEachin
McGinnis               McLeod                 Moss
Neilson                Nettles                Quinn
Rama                   Rogers, J.             Rogers, T.
Sharpe                 Simpson                Smith
Snow                   Sturkie                Taylor
Tucker                 Vaughn                 Waldrop
Wells                  Wilkes                 Wilkins
Winstead               Wofford                Wright

Total--63

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate on the section, which was agreed to.

SECTION 41--DEBATE ADJOURNED

Rep. McLELLAN explained the section.

POINT OF ORDER

Rep. KLAPMAN raised the Point of Order that the member's remarks were out of order as they were not pertaining to the section up for consideration, Section 41.

The SPEAKER stated that the member's remarks were pertaining to the Appropriations Bill, but he cautioned him to limit his remarks to Section 41.

Rep. McLELLAN continued speaking.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired about the time limit for debate since there were no amendments on the section up for consideration.

The SPEAKER stated that the member had one hour for debate on the section.

Rep. R. BROWN spoke upon the section.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that since no motion had been made to take up the Bill on a section by section basis, then Rule 5.19 (b) would not be applicable since it did not state that the Bill had to be taken up on a section by section basis, but only pertained to limiting the debate.

The SPEAKER stated, citing Rule 5.19 (b), that the precedence was clear pertaining to this rule and he overruled the Point of Order.

PARLIAMENTARY INQUIRY

Rep. L. MARTIN inquired of the Chair whether or not the motion to take up the Appropriations Bill on a section by section basis had been made.

The SPEAKER stated that the motion had not been made.

Rep. R. BROWN moved to adjourn debate upon the section.

Rep. CARNELL moved to table the motion.

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

Yeas 42; Nays 69

Those who voted in the affirmative are:

Altman                 Bennett                Blackwell
Blanding               Boan                   Brown, J.
Carnell                Foster                 Gentry
Gordon                 Gregory                Harris, J.
Harris, P.             Hayes                  Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Keyserling             Kirsh                  Manly
Martin, D.             Mattos                 McAbee
McCain                 McLellan               McTeer
Rudnick                Sheheen                Short
Stoddard               Townsend               Waites
Washington             Whipper                White
Williams, D.           Williams, J.           Winstead

Total--42

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barber                 Barfield
Baxley                 Beasley                Brown, G.
Brown, H.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Derrick                Faber                  Fair
Fant                   Farr                   Felder
Ferguson               Glover                 Hallman
Harrison               Harvin                 Harwell
Haskins                Huff                   Jaskwhich
Keegan                 Kinon                  Kohn
Koon                   Littlejohn             Mappus
Martin, L.             McBride                McEachin
McGinnis               McLeod                 Moss
Neilson                Nesbitt                Nettles
Quinn                  Rama                   Rogers, J.
Rogers, T.             Sharpe                 Simpson
Smith                  Snow                   Sturkie
Taylor                 Tucker                 Vaughn
Waldrop                Wells                  Wilkes
Wilkins                Wofford                Wright

Total--69

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate, which was agreed to.

SECTION 42--DEBATE ADJOURNED

Rep. R. BROWN moved to adjourn debate upon the section.

Rep. McLELLAN moved to table the motion, which was not agreed to by a division vote of 35 to 64.

The question then recurred to the motion to adjourn debate, which was agreed to.

SECTION 43--ADOPTED

Rep. CARNELL explained the section.

Reps. MATTOS, WASHINGTON and P. HARRIS spoke in favor of the section.

Section 43 was adopted.

SECTION 43.1

Section 43.1 was adopted.

SECTION 43.2

Section 43.2 was adopted.

SECTION 43.3

Section 43.3 was adopted.

SECTION 43.4

Section 43.4 was adopted.

SECTION 43.5

Section 43.5 was adopted.

SECTION 43.6

Section 43.6 was adopted.

SECTION 43.7

Section 43.7 was adopted.

SECTION 43.8

Section 43.8 was adopted.

SECTION 43.9

Section 43.9 was adopted.

SECTION 43.11

Section 43.11 was adopted.

SECTION 43.12

Section 43.12 was adopted.

SECTION 43.13

Section 43.13 was adopted.

SECTION 43.14

Section 43.14 was adopted.

SECTION 43.15

Section 43.15 was adopted.

SECTION 43.16

Section 43.16 was adopted.

SECTION 43.17

Section 43.17 was adopted.

SECTION 43.18

Section 43.18 was adopted.

SECTION 43.19

Section 43.19 was adopted.

SECTION 43.20

Section 43.20 was adopted.

SECTION 43.21

Section 43.21 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 44.1

Section 44.1 was adopted.

SECTION 45--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 46--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 47

Section 47 was adopted.

SECTION 47.1

Section 47.1 was adopted.

SECTION 47.2

Section 47.2 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 48.1

Section 48.1 was adopted.

SECTION 48.2

Section 48.2 was adopted.

SECTION 48.3

Section 48.3 was adopted.

SECTION 49--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 50--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 52.1

Section 52.1 was adopted.

SECTION 52.2

Section 52.2 was adopted.

SECTION 52.3

Section 52.3 was adopted.

SECTION 52.4

Section 52.4 was adopted.

SECTION 52.5

Section 52.5 was adopted.

SECTION 52.6

Section 52.6 was adopted.

SECTION 52.7

Section 52.7 was adopted.

SECTION 52.9

Section 52.9 was adopted.

SECTION 52.10

Section 52.10 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 53.1

Section 53.1 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 54.1

Section 54.1 was adopted.

SECTION 54.2

Section 54.2 was adopted.

SECTION 54.3

Section 54.3 was adopted.

SECTION 54.4

Section 54.4 was adopted.

SECTION 54.5

Section 54.5 was adopted.

SECTION 54.6

Section 54.6 was adopted.

SECTION 54.7

Section 54.7 was adopted.

SECTION 54.8

Section 54.8 was adopted.

SECTION 54.9

Section 54.9 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 55.1

Section 55.1 was adopted.

SECTION 55.2

Section 55.2 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 57.1

Section 57.1 was adopted.

SECTION 57.2

Section 57.2 was adopted.

SECTION 57.3

Section 57.3 was adopted.

SECTION 58--DEBATE ADJOURNED

Rep. BAXLEY moved to adjourn debate upon the section, which was adopted.

SECTION 59

Section 59 was adopted.

SECTION 59.1

Section 59.1 was adopted.

SECTION 59.2

Section 59.2 was adopted.

SECTION 59.3

Section 59.3 was adopted.

SECTION 59.4

Section 59.4 was adopted.

SECTION 59.5

Section 59.5 was adopted.

SECTION 59.6

Section 59.6 was adopted.

SECTION 59.8

Section 59.8 was adopted.

SECTION 59.9--ADOPTED

Rep. McABEE explained the section.

Section 59.9 was adopted.

SECTION 60--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 61

Section 61 was adopted.

SECTION 61.1

Section 61.1 was adopted.

SECTION 61.2

Section 61.2 was adopted.

SECTION 61.3

Section 61.3 was adopted.

SECTION 61.4

Section 61.4 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 64--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 65

Section 65 was adopted.

SECTION 65.1

Section 65.1 was adopted.

SECTION 66--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 67--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69

Section 69 was adopted.

SECTION 70

Section 70 was adopted.

SECTION 71--ADOPTED

Rep. McABEE explained the section.

Section 71 was adopted.

PARLIAMENTARY INQUIRY

Rep. MATTOS inquired of the Chair if the House could go back to the section on Mental Retardation, Section 41, since the House was adopting all sections without amendments.

The SPEAKER stated that the House had adjourned debate on Section 41 and would go back to it after Part I of the Bill unless the motion was made to reconsider the vote whereby the House adjourned debate on the section.

SECTION 41--RECONSIDERED AND ADOPTED

Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on Section 41, which was agreed to.

Section 41, was adopted.

SECTION 41.1

Section 41.1 was adopted.

SECTION 41.2

Section 41.2 was adopted.

SECTION 41.3

Section 41.3 was adopted.

SECTION 41.4

Section 41.4 was adopted.

SECTION 41.5

Section 41.5 was adopted.

SECTION 41.6

Section 41.6 was adopted.

SECTION 41.7

Section 41.7 was adopted.

SECTION 41.8

Section 41.8 was adopted.

SECTION 41.9

Section 41.9 was adopted.

SECTION 41.10

Section 41.10 was adopted.

SECTION 72--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 73

Section 73 was adopted.

SECTION 73.1

Section 73.1 was adopted.

SECTION 73.2

Section 73.2 was adopted.

SECTION 73.3

Section 73.3 was adopted.

SECTION 73.4

Section 73.4 was adopted.

SECTION 73.5

Section 73.5 was adopted.

SECTION 73.6

Section 73.6 was adopted.

SECTION 74

Section 74 was adopted.

SECTION 74.1

Section 74.1 was adopted.

SECTION 75

Section 75 was adopted.

SECTION 75.1

Section 75.1 was adopted.

SECTION 75.2

Section 75.2 was adopted.

SECTION 75.3

Section 75.3 was adopted.

SECTION 75.4

Section 75.4 was adopted.

SECTION 75.5

Section 75.5 was adopted.

SECTION 75.6

Section 75.6 was adopted.

SECTION 75.7

Section 75.7 was adopted.

SECTION 76

Section 76 was adopted.

SECTION 77

Section 77 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 78.1

Section 78.1 was adopted.

SECTION 78.2

Section 78.2 was adopted.

SECTION 78.3

Section 78.3 was adopted.

SECTION 78.4

Section 78.4 was adopted.

SECTION 79A

Section 79A was adopted.

SECTION 79B

Section 79B was adopted.

SECTION 79C

Section 79C was adopted.

SECTION 79.1

Section 79.1 was adopted.

SECTION 80

Section 80 was adopted.

SECTION 80.1

Section 80.1 was adopted.

SECTION 81

Section 81 was adopted.

SECTION 82

Section 82 was adopted.

SECTION 82.1-82.9 PROVISOS--DEBATE ADJOURNED

Rep. KEESLEY moved to adjourn debate upon Provisos 82.1-82.9, which was adopted.

SECTION 83--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 13, 1990

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. J.W. JOHNSON the invitation was accepted.

MOTION ADOPTED

Rep. McLELLAN moved that upon the completion of the Ratification of Acts the House recede until 2:00 P.M., which was adopted.

SECTION 84

Section 84 was adopted.

SECTION 85

Section 85 was adopted.

SECTION 85.1

Section 85.1 was adopted.

SECTION 85.2

Section 85.2 was adopted.

SECTION 85.3

Section 85.3 was adopted.

SECTION 86

Section 86 was adopted.

SECTION 86.1

Section 86.1 was adopted.

SECTION 87

Section 87 was adopted.

SECTION 88

Section 88 was adopted.

SECTION 89

Section 89 was adopted.

SECTION 90

Section 90 was adopted.

SECTION 91

Section 91 was adopted.

SECTION 92

Section 92 was adopted.

SECTION 93

Section 93 was adopted.

SECTION 94

Section 94 was adopted.

SECTION 95

Section 95 was adopted.

SECTION 96

Section 96 was adopted.

SECTION 97

Section 97 was adopted.

SECTION 98

Section 98 was adopted.

SECTION 99

Section 99 was adopted.

SECTION 100

Section 100 was adopted.

SECTION 101

Section 101 was adopted.

SECTION 102

Section 102 was adopted.

SECTION 103

Section 103 was adopted.

SECTION 104

Section 104 was adopted.

SECTION 105

Section 105 was adopted.

SECTION 106

Section 106 was adopted.

SECTION 107

Section 107 was adopted.

SECTION 108

Section 108 was adopted.

SECTION 109

Section 109 was adopted.

SECTION 110

Section 110 was adopted.

SECTION 111

Section 111 was adopted.

SECTION 112

Section 112 was adopted.

SECTION 112.1

Section 112.1 was adopted.

SECTION 112.2

Section 112.2 was adopted.

SECTION 113

Section 113 was adopted.

SECTION 114

Section 114 was adopted.

SECTION 115

Section 115 was adopted.

SECTION 116

Section 116 was adopted.

SECTION 117

Section 117 was adopted.

SECTION 118

Section 118 was adopted.

SECTION 119--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 121

Section 121 was adopted.

SECTION 122--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 123

Section 123 was adopted.

SECTION 123.1

Section 123.1 was adopted.

SECTION 123.2

Section 123.2 was adopted.

SECTION 123.3

Section 123.3 was adopted.

SECTION 123.4

Section 123.4 was adopted.

SECTION 123.5

Section 123.5 was adopted.

SECTION 123.6

Section 123.6 was adopted.

SECTION 123.7

Section 123.7 was adopted.

SECTION 123.8

Section 123.8 was adopted.

SECTION 123.9

Section 123.9 was adopted.

SECTION 124--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

SECTION 127--DEBATE ADJOURNED

Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 128--DEBATE ADJOURNED

Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 129--DEBATE ADJOURNED

Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 130.1--DEBATE ADJOURNED

Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of the Bill.

RATIFICATION OF ACTS

At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R380) S. 1180 -- Senators Waddell, Martschink, Fielding, McConnell, McLeod and Passailaigue: A JOINT RESOLUTION TO PROVIDE A GRANT TO THE FRIENDS OF SNEE FARM FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.

(R381) S. 1283 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R382) S. 326 -- Senator Land: AN ACT TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF POINTS FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS FOR HUNTING WATERFOWL OUT OF POSTED SEASON AND FOR TAKING MORE THAN ONE WATERFOWL OVER THE LEGAL LIMIT.

(R383) S. 1151 -- Senators Waddell and Lindsay: AN ACT TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED AFTER THAT TIME.

(R384) S. 1170 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.

(R385) S. 699 -- Senator Waddell: AN ACT TO AMEND SECTION 51-13-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE SIZE OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 51-13-720, RELATING TO THE GOVERNING BOARD OF THE AUTHORITY, SO AS TO REVISE THE MANNER IN WHICH THE GOVERNING BOARD IS APPOINTED; TO AMEND SECTION 51-13-810, RELATING TO THE AUTHORIZATION OF THE AUTHORITY TO ISSUE REVENUE BONDS, SO AS TO DELETE THIS AUTHORIZATION, AND TO PROVIDE FOR THE MANNER IN WHICH THE AUTHORITY IS AUTHORIZED TO BORROW MONEY; TO AMEND SECTION 51-13-840, RELATING TO THE EXEMPTION FROM TAXATION OF THE PROPERTY OF THE AUTHORITY, SO AS TO FURTHER PROVIDE FOR THIS EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-860 SO AS TO AUTHORIZE THE AUTHORITY TO BORROW NOT EXCEEDING SIX MILLION DOLLARS UNDER CERTAIN CONDITIONS AND FOR SPECIFIED PURPOSES; AND BY ADDING SECTION 51-13-870 SO AS TO REQUIRE THE AUTHORITY TO SUBMIT A FINANCIAL STATUS REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY JANUARY 1, 1994, AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ABOVE PROVISIONS.

(R386) S. 468 -- Senator Drummond: AN ACT TO AMEND SECTION 50-11-2100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIELD TRIAL REGULATIONS, SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTION 50-9-110 RELATING TO FIELD TRIALS OF DOGS.

(R387) S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE TORT CLAIMS ACT, SO AS TO REVISE THE DEFINITION OF "STATE", AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO A GOVERNMENTAL ENTITY'S WAIVER OF IMMUNITY UNDER THE ACT, SO AS TO PROVIDE THAT THE ENTITY IS NOT LIABLE FOR A LOSS RESULTING FROM GOOD FAITH ACTS OR OMISSIONS OF EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED.

(R388) S. 1106 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.

(R389) S. 464 -- Senator Drummond: AN ACT TO AMEND SECTION 50-13-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME GILL NETS, SO AS TO PROVIDE THAT ATLANTIC STURGEON CAUGHT DURING THE OPEN SEASON FOR ATLANTIC STURGEON IN LICENSED SHAD NETS LAWFULLY FISHED MAY BE KEPT BY THE FISHERMAN AND TO REQUIRE THE ATLANTIC STURGEON TO BE RETURNED TO THE WATER IF CAUGHT DURING THE CLOSED SEASON.

(R390) S. 586 -- Senator Land: AN ACT TO AMEND SECTION 50-9-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY PRODUCE ADDITIONAL STAMPS AS COMMEMORATIVE OR COLLECTOR'S ITEMS.

(R391) S. 469 -- Senator Drummond: AN ACT TO AMEND SECTION 50-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF GAME OR FISH UNLAWFULLY TAKEN, SO AS TO PROVIDE THAT WILDLIFE COMING INTO THE POSSESSION OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY BE DISPOSED OF IN THE DISCRETION OF THE DEPARTMENT.

(R392) S. 1104 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION.

(R393) S. 1105 -- Judiciary Committee: AN ACT TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.

(R394) S. 792 -- Senator Martin: AN ACT 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.

(R395) S. 1191 -- Senator McConnell: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF NORTHBRIDGE TERRACE RECREATIONAL PARK IN CHARLESTON COUNTY.

(R396) S. 1178 -- Senator Courson: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE AMERICAN INSTITUTE OF BANKING.

(R397) S. 1260 -- Senator Macaulay: AN ACT TO AMEND SECTION 7-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION OF PARTY CLUBS, SO AS TO PROVIDE THAT EACH CLUB SHALL ELECT OFFICERS FOR EACH POLLING PLACE WITHIN A PRECINCT.

(R398) S. 883 -- Senator Mitchell: AN ACT 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 AND WHEN REPORTED ALSO MUST REPORT A CONVICTION DATE.

(R399) S. 353 -- Senators McGill, Hinds and Land: AN ACT TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING OF NONGAME FISHING DEVICES, SO AS TO PROVIDE THAT A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER AND MINORS UNDER THE AGE OF SIXTEEN ARE NOT REQUIRED TO PURCHASE A SET HOOKS PERMIT BUT SHALL ATTACH AN IDENTIFICATION TAG TO THE SET HOOKS DEVICE.

(R400) S. 1153 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND 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.

(R401) S. 1152 -- Banking and Insurance Committee: AN ACT 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.

(R402) S. 1156 -- Banking and Insurance Committee: AN ACT 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 AND PROVIDE FOR THE REQUIREMENT TO APPLY TO DOMESTIC HEALTH MAINTENANCE ORGANIZATIONS.

(R403) S. 1171 -- Banking and Insurance Committee: AN ACT 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 APPROPRIATE DEPARTMENT IN ITS STATE OF DOMICILE.

(R404) S. 1285 -- Senator Bryan: AN ACT 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.

(R405) S. 1154 -- Banking and Insurance Committee: AN ACT 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.

(R406) H. 3638 -- Reps. Wilkins, Huff and McElveen: AN ACT TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.

(R407) H. 4379 -- Reps. Kirsh, Holt, McLellan, Klapman, McTeer, Blanding and McElveen: AN ACT TO AMEND CHAPTER 121, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITADEL, BY ADDING SECTION 59-121-55 SO AS TO AUTHORIZE THE CITADEL BOARD OF VISITORS TO ESTABLISH A NONPROFIT ELEEMOSYNARY CORPORATION FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS AND OTHER FINANCIAL ASSISTANCE AND SUPPORT TO THE COLLEGE, TO AUTHORIZE THE TRANSFER OF CERTAIN NONSTATE APPROPRIATED FUNDS OR PROPERTY TO THIS NONPROFIT CORPORATION, AND TO PROVIDE FOR DISCLOSURE REQUIREMENTS REGARDING THESE FUNDS AND PROPERTY.

(R408) H. 4450 -- Rep. R. Brown: AN ACT TO AMEND SECTION 31-13-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTES AND BONDS OF THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY, SO AS TO PROVIDE THE AUTHORITY DISCRETION IN DETERMINING PERSONS OR FAMILIES OF A BENEFICIARY CLASS WHO MAY OBTAIN MORTGAGE LOANS.

(R409) H. 4576 -- Reps. M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Mattos, Vaughn, Wilkins and Manly: AN ACT 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.

(R410) H. 3781 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.

(R411) H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R412) H. 3672 -- Reps. T. Rogers and M.D. Burriss: AN ACT TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.

(R413) H. 3817 -- Reps. Felder, McAbee and Carnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE; AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE AND TO PROVIDE THAT THE LIEN FOR MATERIALS INCLUDES FLOORING, FLOOR COVERINGS, AND WALL COVERINGS.

(R414) H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: AN ACT 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, 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, TO 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, AND TO CHANGE THE REFERENCE THAT OFFICIALS AT RACE TRACKS, HORSE SHOWS, AND RODEOS "ARE REQUESTED TO" INSTEAD OF "SHOULD" TAKE CERTAIN MEASURES TO PREVENT THE SPREAD OF EQUINE INFECTIOUS ANEMIA.

(R415) H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT, THE NAMES OF INDIVIDUALS PRESENT IN THE FACILITY OR HOME NOT TO BE DISCLOSED, AND THE ACTION REQUIRED FOR A DEFICIENCY OR VIOLATION REGARDING A FACILITY OR HOME.

(R416) H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, AND REVOCATION OF A CERTIFICATE OF NEED AND PENALTIES, SO AS TO PROVIDE FOR ACTION TO BE TAKEN AGAINST A PERSON OR FACILITY FOR FAILING TO ALLOW A TEAM ADVOCACY INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

(R417) H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: AN ACT TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.

(R418) H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-50, AS AMENDED, RELATING TO CERTIFICATES AND OTHER APPROPRIATE INDICIA OF COMPLIANCE AND QUALIFICATION OF TRAINING LAW ENFORCEMENT OFFICERS UNDER THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 23 (TRAINING AND CERTIFICATION OF LAW ENFORCEMENT OFFICERS), SO AS TO PROVIDE THAT EVIDENCE OF A CANDIDATE FOR CERTIFICATION STATING THAT HE HAS NOT BEEN CONVICTED OF ANY CRIMINAL OFFENSE AND SENTENCED TO IMPRISONMENT FOR ONE YEAR OR MORE INSTEAD OF AN OFFENSE THAT CARRIES A SENTENCE OF ONE YEAR OR MORE BE SUBMITTED TO THE COUNCIL AND DELETE REQUIREMENTS THAT THE OFFENSE INVOLVES MORAL TURPITUDE AND PROVISIONS RELATING TO FORFEITURE OF BOND, A GUILTY PLEA, OR A PLEA OF NOLO CONTENDRE CONSIDERED TO BE THE EQUIVALENT OF A CONVICTION, TO ADD A PROVISION THAT THE COUNCIL MAY CERTIFY A CANDIDATE IF THE CONVICTION IS REMOTE IN TIME, AND THAT, IN THE OPINION OF THE COUNCIL, THE CANDIDATE IS OF GOOD CHARACTER AS REQUIRED BY OTHER PROVISIONS OF THIS SECTION.

(R419) H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.

(R420) H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R421) 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.

(R422) 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.

(R423) H. 3714 -- Rep. Mappus: AN ACT TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.

(R424) H. 4269 -- Rep. Wright: AN ACT 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.

(R425) H. 4656 -- Rep. Blanding: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.

(R426) H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: AN ACT TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS AND THE INSPECTION REPORT.

(R427) H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.

(R428) H. 4200 -- Rep. Sheheen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.

(R429) H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: AN ACT TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.

(R430) H. 4182 -- Rep. Davenport: AN ACT TO AMEND SECTION 7-7-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLLING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT THE VOTING PLACE FOR HILL TOP VOTING PRECINCT IS BETHANY BAPTIST CHURCH.

(R431) H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-220 SO AS TO INCLUDE CAMPING ACTIVITIES IN SCENIC RIVERS MANAGEMENT PLANS.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FARR a leave of absence for the remainder of the day.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

H. 4800--AMENDED AND INTERRUPTED DEBATE

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

H. 4800
GENERAL APPROPRIATION BILL
PART II
SECTION 1

Section 1 was adopted.

SECTION 2--ADOPTED

Rep. KIRSH explained the section.

Rep. ALTMAN proposed the following Amendment No. 92 (Doc. No. 1020X), which was tabled.

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 0726, left column, beginning on line 23, by striking Section 2 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. HENDRICKS spoke against the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burch
Burriss, T.M.          Carnell                Clyborne
Cooper                 Corning                Faber
Felder                 Ferguson               Foster
Gentry                 Glover                 Harris, J.
Harris, P.             Harrison               Hayes
Hendricks              Huff                   Johnson, J.C.
Johnson, J.W.          Keesley                Keyserling
Kirsh                  Klapman                Manly
Martin, L.             Mattos                 McAbee
McBride                McCain                 McElveen
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Quinn                  Rhoad                  Rogers, J.
Rogers, T.             Sheheen                Simpson
Smith                  Taylor                 Townsend
Waites                 Wilkes                 Williams, D.
Williams, J.           Wright

Total--62

Those who voted in the negative are:

Altman                 Bailey, G.             Barber
Barfield               Baxley                 Beasley
Bennett                Bruce                  Chamblee
Cole                   Corbett                Cork
Davenport              Derrick                Elliott
Fair                   Fant                   Hallman
Harvin                 Haskins                Holt
Jaskwhich              Kay                    Keegan
Kinon                  Kohn                   Koon
Limehouse              Littlejohn             Mappus
McEachin               McGinnis               McLeod
Rama                   Rudnick                Sharpe
Snow                   Sturkie                Tucker
Vaughn                 Waldrop                Washington
Wells                  Whipper                White
Winstead               Wofford

Total--47

So, the amendment was tabled.

Section 2 was adopted.

SECTION 3--ADOPTED

Reps. McLELLAN and KIRSH proposed the following Amendment No. 111 (Doc. No. 0930X), which was tabled.

Amend the bill, as and if amended, in Part II, Permanent Provisions, Section 3, page 0726, right column, by inserting immediately after line 12 /TO AMEND SECTION 12-7-430, AS AMENDED, RELATING TO ADJUSTMENTS TO INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ELIMINATE THE DEDUCTION ALLOWED FOR SELF-EMPLOYMENT TAXES IN COMPUTING THE TAXPAYER'S FEDERAL TAXABLE INCOME;/

Amend further, in Section 3, page 0726, right column, by striking lines 17 through 21 and inserting:

/A.     (1)     Section 12-7-20(11) of the 1976 Code, as last amended by Section 25A, Part II, Act 189 of 1989, is further amended to read:

"(11)     'Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1989."

(2)     Section 12-7-430(d)(1) of the 1976 Code is amended to read:

"(1)     The deduction permitted by Internal Revenue Code Section 164 must be computed in the same manner except there is no deduction for state and local income taxes, or state and local franchise taxes measured by net income, or any income taxes, or any taxes measured by or with respect to net income, or self-employment taxes pursuant to Internal Revenue Code Section 164(f)."/

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. BAKER spoke against the amendment.

Rep. WILKES moved to table the amendment.

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

Yeas 97; Nays 6

Those who voted in the affirmative are:

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

Total--97

Those who voted in the negative are:

Blanding               Boan                   Carnell
Kirsh                  McLellan               McLeod

Total--6

So, the amendment was tabled.

Section 3 was adopted.

SECTION 4--ADOPTED

Reps. McEACHIN, McELVEEN and HODGES proposed the following Amendment No. 114 (Doc. No. 0966o), which was rejected.

Amend the bill, as and if amended, by striking SECTION 4 of Part II in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. McEACHIN explained the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. LIMEHOUSE spoke in favor of the amendment.

Rep. LIMEHOUSE moved to adjourn debate upon the section.

Rep. McEACHIN moved to table the motion.

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

The motion to adjourn debate was tabled by a division vote of 49 to 47.

Rep. McTEER moved to table the amendment.

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

Yeas 51; Nays 62

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, K.
Barber                 Beasley                Bennett
Boan                   Brown, H.              Brown, J.
Burriss, T.M.          Carnell                Chamblee
Cole                   Cooper                 Corning
Foster                 Hallman                Harris, J.
Harris, P.             Harrison               Johnson, J.W.
Kay                    Keesley                Keyserling
Kirsh                  Klapman                Kohn
Koon                   Lanford                Manly
Mattos                 McAbee                 McBride
McCain                 McLellan               McTeer
Nesbitt                Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Smith                  Sturkie
Townsend               Tucker                 Waites
Washington             Wilder                 Wilkins

Total--51

Those who voted in the negative are:

Alexander, T.C.        Bailey, G.             Bailey, J.
Baker                  Barfield               Baxley
Brown, G.              Brown, R.              Bruce
Burch                  Clyborne               Corbett
Cork                   Davenport              Derrick
Elliott                Faber                  Fair
Fant                   Felder                 Ferguson
Gentry                 Glover                 Gordon
Harvin                 Harwell                Haskins
Hayes                  Hodges                 Holt
Huff                   Jaskwhich              Johnson, J.C.
Keegan                 Kinon                  Limehouse
Littlejohn             Mappus                 Martin, D.
Martin, L.             McEachin               McElveen
McGinnis               McLeod                 Moss
Neilson                Nettles                Quinn
Rama                   Sharpe                 Simpson
Snow                   Taylor                 Vaughn
Waldrop                Wells                  Whipper
White                  Wilkes                 Winstead
Wofford                Wright

Total--62

So, the House refused to table the amendment.

Rep. McABEE moved to adjourn debate upon the amendment.

Rep. McEACHIN moved to table the motion, which was agreed to by a division vote of 50 to 48.

Rep. McLELLAN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 31; Nays 83

Those who voted in the affirmative are:

Baker                  Barfield               Baxley
Brown, R.              Bruce                  Clyborne
Corbett                Cork                   Derrick
Fair                   Felder                 Gentry
Haskins                Hayes                  Hodges
Jaskwhich              Johnson, J.C.          Keegan
Littlejohn             Martin, L.             McEachin
McElveen               McGinnis               Moss
Nettles                Quinn                  Rama
Simpson                Waldrop                Wells
Wright

Total--31

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Burch
Burriss, T.M.          Carnell                Chamblee
Cole                   Cooper                 Corning
Davenport              Elliott                Faber
Fant                   Ferguson               Foster
Glover                 Gordon                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Holt                   Huff                   Johnson, J.W.
Kay                    Keesley                Keyserling
Kinon                  Kirsh                  Klapman
Kohn                   Koon                   Lanford
Manly                  Mappus                 Martin, D.
Mattos                 McAbee                 McBride
McCain                 McLellan               McLeod
McTeer                 Neilson                Nesbitt
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Short                  Smith                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Washington             Whipper                White
Wilder                 Wilkes                 Wilkins
Winstead               Wofford

Total--83

So, the amendment was rejected.

Rep. L. MARTIN moved to adjourn debate upon the section.

POINT OF ORDER

Rep. FELDER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

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

PARLIAMENTARY INQUIRY

Rep. FELDER inquired about the House reconsidering the section since the motion to reconsider the vote whereby each section was adopted had been made previously.

The SPEAKER stated that the procedure had been noted in the Journal and the House could reconsider the vote.

Rep. McLELLAN moved to continue the section for one hour.

POINT OF ORDER

Rep. FELDER raised the Point of Order that the motion to continue the section for a specified time was out of order.

Rep. McLELLAN stated that Rule 8.5, subsection 2 did not impose a time limitation.

The SPEAKER stated that the motion to continue applied to Bills and not sections and he sustained the Point of Order.

Rep. WRIGHT moved that the House recede for 20 minutes, which was rejected.

Rep. McEACHIN moved to table the section.

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

Yeas 43; Nays 69

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Brown, G.
Brown, R.              Bruce                  Clyborne
Cole                   Corbett                Davenport
Derrick                Elliott                Fair
Fant                   Felder                 Gentry
Gordon                 Harvin                 Haskins
Hayes                  Hodges                 Jaskwhich
Johnson, J.C.          Keegan                 Lanford
Limehouse              Littlejohn             Martin, L.
McEachin               McElveen               McGinnis
Moss                   Neilson                Quinn
Rama                   Sharpe                 Simpson
Waldrop                Wells                  White
Wofford

Total--43

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Bailey, K.             Barber                 Beasley
Bennett                Boan                   Brown, H.
Brown, J.              Burch                  Burriss, T.M.
Carnell                Chamblee               Cooper
Cork                   Corning                Faber
Foster                 Glover                 Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Harwell                Holt
Johnson, J.W.          Kay                    Keesley
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Manly
Mappus                 Martin, D.             Mattos
McAbee                 McBride                McCain
McKay                  McLellan               McTeer
Nesbitt                Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Smith                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Washington             Whipper                Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wright

Total--69

So, the House refused to table the section.

The question then recurred to the adoption of the section, which was agreed to by a division vote of 59 to 40.

Section 4 was adopted.

SECTION 5--DELETED

Reps. WILKES and BURCH proposed the following Amendment No. 2 (Doc. No. 0811X), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by striking SECTION 5 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Reps. WILKES and BURCH explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 121 (Doc. No. 1016X).

Amend the bill, as and if amended, Part II, by striking SECTION 5 and inserting:

/SECTION 5

TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-1310 SO AS TO IMPOSE A FEE FOR EACH CASE OF WINE SOLD BY OR DELIVERED FOR SALE TO A WINE WHOLESALER AND A FEE FOR EACH CASE OF ALCOHOLIC LIQUORS SOLD BY OR DELIVERED TO A LIQUOR WHOLESALER AND TO ESTABLISH A WINE AND LIQUOR WHOLESALER FRANCHISE.

The 1976 Code is amended by adding:

"Section 61-9-1310. (A) There is imposed a franchise fee of ninety-five cents a case on each case of wine sold by or delivered for sale to a wine wholesaler and a fee of eighty-seven cents a case on each case of alcoholic liquors sold by or delivered to a liquor wholesaler. The fee is due and payable to the South Carolina Tax Commission, on each case of alcoholic liquors or wine sold or delivered for sale, on or before the twentieth day of the month next succeeding the month in which the alcoholic liquors or wine was sold or delivered for sale. In addition, each liquor or wine wholesaler required to pay the fee imposed in this section for the month of June, 1990, and each June thereafter, shall remit an estimated fee based on the number of cases of alcoholic liquors or wine sold or delivered for sale for the same month of the preceding year and must remit one hundred percent of the estimated fee by the twenty-fifth day of June. The franchise fee imposed on alcoholic liquors is subject to the provisions of Section 12-33-425.

(B)     The provisions of Sections 61-9-1010, 61-9-1030, 61-9-1040, and 61-9-1050 are applicable to wine and alcoholic liquor producers, suppliers, and wholesalers licensed in this State."/

Amend totals and title to conform.

Rep. McABEE explained the amendment.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Amendment No. 121 was out of order as it was not germane.

Rep. McABEE argued contra the Point in stating that the Amendment raised taxes and funded agencies in Part I of the Bill.

The SPEAKER overruled the Point of Order.

Rep. McABEE continued speaking.

Rep. McLELLAN moved to divide the question.

POINT OF ORDER

Rep. FELDER raised the Point of Order that the motion to divide the question was out of order as the question would not be germane since the funds would not be appropriated and that would violate the Rules in trying to put it in the Appropriations Bill.

The SPEAKER stated that if the House chose to divide the question, then each section would be subject to the germaneness test standing on its own and he overruled the Point of Order.

The question then recurred to the motion to divide the question, which was agreed to by a division vote of 63 to 27.

AMENDMENT 121A--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Amendment 121A, which was adopted.

"Section 61-9-1310. (A) There is imposed a franchise fee of ninety-five cents a case on each case of wine sold by or delivered for sale to a wine wholesaler and a fee of eighty-seven cents a case on each case of alcoholic liquors sold by or delivered to a liquor wholesaler. The fee is due and payable to the South Carolina Tax Commission, on each case of alcoholic liquors or wine sold or delivered for sale, on or before the twentieth day of the month next succeeding the month in which the alcoholic liquors or wine was sold or delivered for sale. In addition, each liquor or wine wholesaler required to pay the fee imposed in this section for the month of June, 1990, and each June thereafter, shall remit an estimated fee based on the number of cases of alcoholic liquors or wine sold or delivered for sale for the same month of the preceding year and must remit one hundred percent of the estimated fee by the twenty-fifth day of June. The franchise fee imposed on alcoholic liquors is subject to the provisions of Section 12-33-425.

AMENDMENT 121B--RULED OUT OF ORDER

(B)     The provisions of Sections 61-9-1010, 61-9-1030, 61-9-1040, and 61-9-1050 are applicable to wine and alcoholic liquor producers, suppliers, and wholesalers licensed in this State."/

Amend totals and title to conform.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Amendment No. 121-B was out of order as it was not germane to any line-item appropriation in Part I.

Rep. McABEE argued contra the Point in stating that the Amendment was one document and even though the House had divided the question, that the Point of Order from the floor allowed what could not be done directly to be done indirectly.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

AMENDMENT 121A--RECONSIDERED AND TABLED

Rep. McTEER moved to reconsider the vote whereby debate was adjourned on Amendment 121A, which was agreed to.

Rep. McABEE moved to table the amendment.

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

The amendment was then tabled by a division vote of 95 to 10.

SECTION 6

Rep. McTEER explained the section.

Section 6 was adopted.

SECTION 7--TABLED

Reps. J. ROGERS, BURCH, M.D. BURRISS, SIMPSON, KEEGAN, BENNETT, WRIGHT, BARFIELD, RHOAD, McBRIDE, HARVIN, K. BAILEY, SNOW, QUINN, HARWELL, RAMA, McKAY, DAVENPORT, McGINNIS, HASKINS, HARRISON, NEILSON, FELDER, NETTLES, WELLS, GORDON, BEASLEY, BRUCE, G. BROWN, McLEOD, CORNING, T. ALEXANDER, KINON, ELLIOTT, TUCKER, CORBETT, SHARPE, D. MARTIN, WOFFORD, and R. BROWN proposed the following Amendment No. 55 (Doc. No. 1019X).

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 0728, right column, beginning on line 28, by striking Section 7 in its entirety.

Renumber sections to conform.

Amend title and totals to conform.

Rep. RUDNICK spoke against the amendment.

Rep. SNOW spoke in favor of the amendment.

Rep. CARNELL spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CARNELL continued speaking.

Rep. SNOW spoke in favor of the amendment.

Rep. T.M. BURRISS spoke upon the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. R. BROWN moved to table the section.

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

Yeas 83; Nays 34

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, T.M.          Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fant                   Felder                 Ferguson
Foster                 Gentry                 Glover
Gordon                 Hallman                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hodges                 Huff
Jaskwhich              Kay                    Keegan
Keyserling             Kinon                  Lanford
Limehouse              Littlejohn             Martin, D.
Martin, L.             McBride                McCain
McEachin               McGinnis               McKay
McLeod                 Moss                   Neilson
Nettles                Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Sharpe                 Simpson                Smith
Snow                   Stoddard               Sturkie
Taylor                 Tucker                 Vaughn
Waldrop                Washington             Wells
Wilder                 Wilkes                 Wilkins
Wofford                Wright

Total--83

Those who voted in the negative are:

Alexander, M.O.        Barber                 Blanding
Boan                   Carnell                Chamblee
Fair                   Gregory                Harris, P.
Hayes                  Hendricks              Holt
Johnson, J.C.          Johnson, J.W.          Keesley
Kirsh                  Klapman                Kohn
Manly                  Mappus                 Mattos
McAbee                 McLellan               McTeer
Nesbitt                Rudnick                Sheheen
Short                  Townsend               Waites
Whipper                White                  Williams, J.
Winstead

Total--34

So, the section was tabled.

Rep. McLELLAN moved to adjourn debate upon Part II.

Rep. McEACHIN moved to table the motion.

SPEAKER IN CHAIR
POINT OF ORDER

Rep. HASKINS raised the Point of Order that the motion to adjourn debate on all sections and proceed back to Part I was out of order.

The SPEAKER stated that the motion had to be made section by section and he sustained the Point of Order.

SECTION 8--RULED OUT OF ORDER
POINT OF ORDER

Rep. T. ROGERS raised the Point of Order that Section 8 of the Bill was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 9--ADOPTED

Rep. KIRSH explained the section.

Section 9 was adopted.

SECTION 10--ADOPTED

Rep. BOAN explained the section.

Section 10 was adopted.

SECTION 11--ADOPTED

Rep. BOAN explained the section.

Section 11 was adopted.

SECTION 12--ADOPTED

Rep. McLELLAN explained the section.

Section 12 was adopted.

SECTION 13--ADOPTED

Rep. McLELLAN explained the section.

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15--DEBATE ADJOURNED

Rep. McLELLAN explained the section.

LEAVE OF ABSENCE

The SPEAKER granted Rep. McGINNIS a leave of absence for the remainder of the day.

Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.

Rep. RUDNICK proposed the following Amendment No. 3 (Doc. No. 0958X), which was ruled out of order.

Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:

/SECTION

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-50 SO AS TO REQUIRE A RENTAL COMPANY WHICH OWNS OR LEASES PRIVATE PASSENGER AUTOMOBILES USED PRIMARILY FOR RENTAL PURPOSES TO REGISTER AND LICENSE A CERTAIN PERCENTAGE OF THESE AUTOMOBILES IN THIS STATE.

A.     Title 31, Chapter 56 of the 1976 Code is amended by adding:

"Section 56-31-50.     A rental company which owns or leases private passenger automobiles as defined in this chapter shall register and license a certain number of these automobiles in this State in the manner required by this section. The rental company shall report to the Department of Highways and Public Transportation each year its total revenues in this State derived from the rental of private passenger automobiles for that year and its total revenues derived in all states from the rental of private passenger automobiles for that year. The rental company during the following year shall register and license in this State a percentage of its automobiles owned or leased for rental purposes equal to the percentage its revenues derived in this State for the previous year from the rental of private passenger automobiles bears to its total revenues derived in all states during the previous year from the rental of these automobiles. Any rental company violating the provisions of this section is subject to the penalty provisions of Section 56-31-40 for each violation."

B.     The revenue reporting requirements contained in Section 56-31-50 of the 1976 Code apply beginning with the year 1990 and the registration and licensing requirements are applicable beginning with the year 1991 based on the 1990 revenue reporting information./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HOLT raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.

Rep. RUDNICK argued contra the Point in stating that the Amendment raised revenue.

The SPEAKER stated that the Amendment incidentally raised revenue, but it did that by requiring the registering of a certain number of automobiles in the state. He further stated that the revenue did not go into the General Fund, but was earmarked for the Highway Department and he sustained the Point of Order and ruled the Amendment out of order.

Rep. McABEE proposed the following Amendment No. 4 (Doc. No. 0963X), which was adopted.

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

/SECTION 16

TO AMEND SECTION 48-28-100 OF THE 1976 CODE, RELATING TO THE FOREST RENEWAL FUND, SO AS TO LIMIT NEW FUNDING AGREEMENTS AND TO ALLOW PAYMENT IN A FISCAL YEAR OF CONTRACTUAL REQUIREMENTS WHICH EXCEED THE LIMITATION.

The third paragraph of Section 48-28-100 of the 1976 Code is amended to read:

"In any fiscal year, new funding agreements from the forest renewal fund are limited to five times the amount of the state appropriation for the Forest Renewal Law for that year plus the amount of any cancellation or slippage funds from previous agreements. Whenever necessary to comply with the terms of a contract, payments in a fiscal year may exceed five times the amount of the state appropriation."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

The Ways and Means Committee proposed the following Amendment No. 5 (Doc. No. 0891X), which was adopted.

Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION 17.

TO AMEND SECTION 40-7-115, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR BARBER TRAINING IN A SHOP, SO AS TO ESTABLISH AN EXAMINATION FEE AND AN ANNUAL INSTRUCTOR'S FEE IN THE AMOUNT OF FIFTY DOLLARS AND TO DELETE REFERENCES TO FEES PROMULGATED BY REGULATION.

A. Section 40-7-115 of the 1976 Code, as amended by Act 87 of 1989, is further amended to read:

"Section 40-7-115.     A barber training a student in a shop is required to have had three years' experience as a registered barber and must have been examined by the South Carolina Board of Barber Examiners and determined to be qualified to train a student barber under laws governing barber training in the State. The fee to be paid by the registered barber for an examination to be qualified to train a student in a shop is fifty dollars, and the fee must accompany the application. Barbers found qualified after examination must be issued an instructor's license which must be renewed as of June thirtieth of each year. The annual renewal fee is fifty dollars."

B. This section takes effect July 1, 1990./

Renumber sections to conform.

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. T. ROGERS, P. HARRIS, TAYLOR, TUCKER, FABER, McBRIDE, J.C. JOHNSON, WAITES, WILKES, WASHINGTON, WHIPPER, J. BAILEY, BARBER, NESBITT, RUDNICK, SMITH, K. BAILEY, MANLY, FELDER, J. ROGERS, HARWELL, GORDON and FARR proposed the following Amendment No. 20 (Doc. No. 0999X), which was ruled out of order.

Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST TWENTY THOUSAND ONE DOLLARS BEGINNING WITH THE 1990 TAX YEAR AND INCREASE THE EXEMPTION TO TWENTY-FIVE THOUSAND DOLLARS BEGINNING WITH TAX YEAR 1991.

A.     The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:

"The first twenty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted unless the person or his agent makes written application for the exemption before July sixteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant."

B.The provisions of the first paragraph of Section 12-37-250, as amended by subsection A of this section, are effective for tax years beginning after December 31, 1990. However, for the tax year beginning January 1, 1990 and ending December 31, 1990, the homestead exemption is twenty thousand and one dollar./

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. ROGERS explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 20 was out of order as it was not germane in that it did not directly relate to a line-item appropriation in Part I.

Rep. T. ROGERS argued contra the Point in stating that the amendment provided for an increase for the budget year being considered.

The SPEAKER stated that the amendment did not directly relate to a line-item in Part I and he sustained the Point of Order and ruled the amendment out of order.

AMENDMENT NO. 86--DEBATE ADJOURNED

Rep. RUDNICK proposed the following Amendment No. 86 (Doc. No. 1034XX).

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:

/SECTION

TO AMEND SECTIONS 56-3-2150 AND 56-3-2170, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO ALSO AUTHORIZE SPECIAL LICENSE PLATES TO BE ISSUED TO COUNTY CORONERS.

A.Section 56-3-2150 of the 1976 Code is amended to read:

"Section 56-3-2150.     The Department of Highways and Public Transportation may issue special motor vehicle license plates to members of municipal and county councils amd to county coroners of this State for private motor vehicles registered in their names. The annual fee for these special license plates is the same as the fee provided for in Section 56-3-2020 and only one plate may be issued to any one councilman or coroner."

B.Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a plate ceases to be a member of the municipal or county council or ceases to be county coroner he shall immediately return the plate to the department."/

Renumber sections to conform.

Amend title and totals to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 86 was out of order as it was not germane to the Bill.

The SPEAKER stated that the amendment affected the Special License Tags item which generated funds for the Highway Department and he overruled the Point of Order.

Rep. ALTMAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. RUDNICK proposed the following Amendment No. 88 (Doc. No. 1033X), which was tabled.

Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:

/SECTION

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE GENERAL ASSEMBLY, INCLUDING PROVISIONS WHICH SET AN ANNUAL FEE AND WHICH MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON ANY VEHICLE EXCEPT THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

A.Chapter 3 of Title 56 of the 1976 Code is amended by adding:

"Article 45
Special License Plates -- Retired Members
of the General Assembly

Section 56-3-4310. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to any retired member of the General Assembly who has a vested interest in the General Assembly Retirement System and who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. Any retired member of the General Assembly who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article. The provisions of this article do not apply if the retired member applies for a special personalized motor vehicle license plate under the provisions of Section 56-3-2010 or if the person, at the time of making application under this article, is under suspension by either house of the General Assembly, is an expelled member of the General Assembly, or is being prosecuted for or is under sentence imposed by any court of competent jurisdiction for any criminal violation of law committed while he was a member of the General Assembly.

Section 56-3-4320. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'South Carolina House, Retired', or 'State Senate, Retired', depending upon the house in which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.

Section 56-3-4330. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.

Section 56-3-4340. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. Any person violating the provisions of this article or any person who:(a)fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued hereunder is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both."/

Renumber sections to conform.

Amend totals and 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 63 to 26.

Rep. RUDNICK proposed the following Amendment No. 96 (Doc. No. 1006X).

Amend the bill, as and if amended, in PART II by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 12-35-516, AS AMENDED, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF AN AIRCRAFT, MOTOR VEHICLE, BOAT, MOTORCYCLE, TRAILER, RECREATIONAL VEHICLE, OR SELF-PROPELLED LIGHT CONSTRUCTION EQUIPMENT, SO AS TO INCREASE THE MAXIMUM TAX WHICH MAY BE IMPOSED FROM THREE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Section 12-35-516 of the 1976 Code is amended to read:

"Section 12-35-516.     The maximum tax imposed by this chapter is one thousand dollars for each sale made or lease-executed after June 30, 1990 of each:

(1)     aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2)     motor vehicle;

(3)     motorcycle;

(4)     boat;

(5)     trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6)     recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)     self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals one thousand dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK was recognized.

Rep. BAXLEY moved that the House do now adjourn.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 9; Nays 92

Those who voted in the affirmative are:

Baxley                 Corning                Davenport
Fant                   Ferguson               Gordon
McCain                 Rhoad                  Williams, D.

Total--9

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, G.
Brown, H.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Foster                 Gentry
Glover                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Hayes
Hendricks              Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Limehouse
Littlejohn             Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McEachin               McElveen               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Quinn                  Rama
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Smith                  Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Waldrop                White
Wilder                 Wilkins                Winstead
Wofford                Wright

Total--92

So, the House refused to adjourn.

Rep. RUDNICK explained the amendment.

Rep. McLELLAN moved to adjourn debate on Part II.

Rep. LIMEHOUSE moved that the House do now adjourn.

POINT OF ORDER

Rep. J.W. JOHNSON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. McLELLAN moved to adjourn debate upon Part II.

Rep. FELDER moved to table the motion.

Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 56

Those who voted in the affirmative are:

Bailey, G.             Baker                  Barfield
Baxley                 Brown, G.              Brown, H.
Brown, R.              Bruce                  Burriss, M.D.
Burriss, T.M.          Cole                   Corbett
Cork                   Corning                Davenport
Faber                  Fair                   Felder
Gentry                 Glover                 Gregory
Harrison               Harwell                Keegan
Kinon                  Koon                   Limehouse
Littlejohn             Mappus                 Martin, L.
McBride                McEachin               McElveen
McLeod                 Moss                   Neilson
Nettles                Rama                   Rogers, J.
Rogers, T.             Simpson                Smith
Sturkie                Taylor                 Tucker
Vaughn                 Waldrop                Wells
Wofford                Wright

Total--50

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Beasley                Bennett                Blackwell
Boan                   Burch                  Carnell
Chamblee               Cooper                 Elliott
Fant                   Foster                 Hallman
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keesley                Keyserling
Kirsh                  Manly                  Martin, D.
McAbee                 McCain                 McLellan
McTeer                 Nesbitt                Quinn
Rhoad                  Rudnick                Sheheen
Snow                   Townsend               Waites
Washington             Whipper                White
Wilder                 Wilkins                Williams, D.
Williams, J.           Winstead

Total--56

So, the House refused to table the motion to adjourn debate on Part II.

The question then recurred to the motion to adjourn debate on Part II.

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

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 73; Nays 33

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Barfield
Baxley                 Beasley                Bennett
Blanding               Boan                   Brown, G.
Brown, H.              Brown, J.              Brown, R.
Bruce                  Burriss, M.D.          Burriss, T.M.
Chamblee               Cooper                 Corbett
Corning                Davenport              Elliott
Faber                  Fant                   Felder
Foster                 Gentry                 Glover
Gordon                 Gregory                Hallman
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   Huff                   Johnson, J.W.
Kay                    Kinon                  Koon
Limehouse              Littlejohn             Manly
Mappus                 Martin, L.             McBride
McCain                 McEachin               McLellan
McLeod                 Nesbitt                Nettles
Rhoad                  Rogers, J.             Sheheen
Simpson                Smith                  Snow
Taylor                 Townsend               Vaughn
Waldrop                Washington             Wells
Whipper                Wilder                 Williams, J.
Wofford

Total--73

Those who voted in the negative are:

Alexander, T.C.        Baker                  Barber
Blackwell              Carnell                Clyborne
Cork                   Fair                   Harris, J.
Harris, P.             Hayes                  Johnson, J.C.
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                McAbee
McElveen               McTeer                 Moss
Neilson                Quinn                  Rama
Rogers, T.             Rudnick                Stoddard
Sturkie                Tucker                 Waites
White                  Winstead               Wright

Total--33

So, the motion to adjourn was agreed to.

MOTION NOTED

Rep. McLELLAN moved to reconsider the vote whereby Part I, Sections 41, 41.1, 41.2, 41.3, 41.4, 41.5, 41.6, 41.7, 41.8, 41.9, 41.10, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 43.6, 43.7, 43.8, 43.9, 43.11, 43.12, 43.13, 43.14, 43.15, 43.16, 43.17, 43.18, 43.19, 43.20, 43.21, 44, 44.1, 47, 47.1, 47.2, 48, 48.1, 48.2, 48.3, 51, 52, 52.1, 52.2, 52.3, 52.4, 52.5, 52.6, 52.7, 52.9, 52.10, 53, 53.1, 54, 54.1, 54.2, 54.3, 54.4, 54.5, 54.6, 54.7, 54.8, 54.9, 55, 55.1, 55.2, 56, 57, 57.1, 57.2, 57.3, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 59.8, 59.9, 61, 61.1, 61.2, 61.3, 61.4, 62, 65, 65.1, 68, 69, 70, 71, 73, 73.1, 73.2, 73.3, 73.4, 73.5, 73.6, 74, 74.1, 75, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6, 75.7, 76, 77, 78, 78.1, 78.2, 78.3, 78.4, 79A, 79B, 79C, 79.1, 80, 80.1, 81, 82, 84, 85, 85.1, 85.2, 85.3, 86, 86.1, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 112.1, 112.2, 113, 114, 115, 116, 117, 118, 121, 123, 123.1, 123.2, 123.3, 123.4, 123.5, 123.6, 123.7, 123.8, 123.9, Part II, Sections 1, 2, 3, 4, 6, 9, 10, 11, 12, 13, 14, Amendment #4 (adding Section 16) and Amendment #5 (adding Section 17) were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to adjourn debate on Part II.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4813 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE GIRLS BASKETBALL TEAM OF LANDRUM HIGH SCHOOL, SPARTANBURG COUNTY, ON ITS OUTSTANDING 1989-90 BASKETBALL SEASON.

H. 4814 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE THE CHAPMAN HIGH SCHOOL GIRLS' BASKETBALL TEAM OF INMAN IN SPARTANBURG COUNTY FOR WINNING THE APPALACHIAN 2A CHAMPIONSHIP.

ADJOURNMENT

At 5:13 P.M. the House in accordance with the motion of Rep. T.C. ALEXANDER adjourned in memory of Snead Schumacher, former House member to meet at 10:00 A.M. tomorrow.

* * *


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