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

TUESDAY, MARCH 13, 1990

Tuesday, March 13, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the ancient Book of Deuteronomy 32:39:

"See now that I, even I, and he,

And there is no god with Me;

I kill, and I make alive;

I wound, and I heal:"
Let us pray.

Our Father, in heaven... earth... and through all eternity:

We lift up, this morning, an intercessory prayer for your servant, our friend and colleague here, Horace C. Smith... we thank You for successful surgery this morning in Johns Hopkins.

Give skill and wisdom to the whole medical team. May they be instruments of Your mighty arm for the healing of his body. Give support to Dorothy and the family.

We realize what a frail fabric human life is on this planet!

May our contemplation of these truths give us new perspective on the daily decisions we make here... in the Name of the Great Physician.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

March 12, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

County Appointments

Appointments, Members, Spartanburg County Board of Voter Registration, with terms to expire March 15, 1992:

Mrs. Dodie Graham, 120 Somerset Lane, Spartanburg, S.C. 29302 VICE Sylvia McCullough (deceased)

J.H. Williams, 108 Lansdale Drive, Spartanburg, S.C. 29302 (reappointment)

F. Don Watson, 700 Holtfield Ter., Spartanburg, S.C. 29301 (reappointment)

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

March 12, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

County Appointment

Appointment, Member, Barnwell County Board of Voter Registration, with term to expire March 15, 1992:

Nancy E. Davis, 8 Peachtree Gardens, Barnwell, S.C. 29812 VICE Terri Jowers Willis

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

March 7, 1990
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

County Appointments

Appointments, Members, Charleston County Board of voter Registration, with terms to expire March 15, 1992:

Ms. Alice G. Mitchell, 2011 Savage Road, Charleston, S.C. 29407 (reappointment)

Ms. Gertrude D. Brown, 1449 Swamp Angel Court, Charleston, S.C. 29412 (reappointment)

Ms. Helen Hutchinson, 1026 Cliffwood Drive, Mt. Pleasant, S.C. 29464 (reappointment)

Mrs. Louise Hill, 157 Grove Street, Charleston, S.C. 29403

Ms. Pearl M. Crawford, 41 Vincent Drive, Mt. Pleasant, S.C. 29464 VICE Clay Cable

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1207
Promulgated By Budget and Control Board
Manufactured Housing Board
Received by Lt. Governor March 9, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day expiration date July 7, 1990

Doctor Of The Day

Senator GILBERT introduced Dr. Conyers O'Bryan of Florence, Doctor of the Day.

Leave Of Absence

On motion of Senator WILLIAMS, Senator POPE was granted a leave of absence for today.

Message From The House

Columbia, S.C., March 12, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. M.D. Burriss, Short and J. Williams of the Committee of Conference on the part of the House on:
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1381 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL CONCERT BAND UPON BEING AWARDED THE "SUDLER FLAG OF HONOR" BY THE JOHN PHILIP SOUSA FOUNDATION, TO COMMEND THE BAND MEMBERS AND ITS DIRECTOR FOR BEING ONE OF ONLY THREE BANDS SELECTED FOR THE HONOR FROM THE ENTIRE COUNTRY, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TALENT OF THIS FINE GROUP OF STUDENT MUSICIANS ALONG WITH THEIR DIRECTOR, MR. JOHN CULVAHOUSE, AND PARENTS.

Returned with concurrence.

Received as information.

CONCURRENCE

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

The House returned the Bill with amendments.

Senator PATTERSON explained the amendments.

On motion of Senator PATTERSON, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE

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

The House returned the Bill with amendments.

On motion of Senator NELL W. SMITH, the Bill was taken up for immediate consideration.

Senator NELL W. SMITH proposed the following amendment (Doc. No. 896X), which was adopted:

Amend the bill, as and if amended, SECTION 3(C), page 44, line 7, after /date./ by inserting /Before that date, the State Department of Social Services has the responsibility of issuing licenses, registration certificates, and approvals to child day care facilities./

Amend title to conform.

Senator NELL W. SMITH proposed the following amendment (Doc. No. 3146R), which was adopted:

Amend the bill, as and if amended, SECTION 4, page 44, line 27, after /act./ by inserting /The Ad Hoc Committee shall develop a plan to effect the orderly transference of duties and resources from the South Carolina Department of Social Services to the State Board for the Regulation of Child Day Care Facilities. The South Carolina Department of Social Services shall fully cooperate with the implementation of this plan, and shall assist the Ad Hoc Committee with the identification and transfer of any personnel, grants, computer equipment and software, office equipment, supplies, operational manuals, licensing records and other materials or resources utilized by the South Carolina Department of Social Services to perform its day care regulatory functions./

Amend title to conform.

Senator HAYES explained the amendments.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:30 P.M. and the following Acts and Joint Resolutions were 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: AN ACT 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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1382 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.

Referred to the Committee on Education.

S. 1383 -- Senators Rose, Wilson and McGill: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE PUBLIC SCHOOL STUDENTS TO BE INSTRUCTED IN THE SACRIFICES MADE BY VETERANS AND TO REQUEST THAT PUBLIC SCHOOL DISTRICTS OBSERVE MEMORIAL DAY OR VETERANS DAY IN HONOR OF VETERANS.

Referred to the Committee on Education.

S. 1384 -- Senators Pope, Shealy and Martschink: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 15, 1990, AND SATURDAY, JUNE 16, 1990.

Referred to the Committee on Invitations.

S. 1385 -- Senators Martschink, Setzler and Rose: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.

Senator MARTSCHINK spoke on the Concurrent Resolution.

On motion of Senator MARTSCHINK, with unanimous consent, ordered placed on the Calendar without reference.

S. 1386 -- Senators McLeod, Lourie and Nell W. Smith: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR A REDUCTION IN THE TAXES DUE TO REFLECT THE EXEMPTION IF APPLICATION IS MADE AFTER JULY FIFTEENTH OF THAT TAX YEAR BUT BEFORE THE FIRST PENALTY DATE ON PROPERTY TAXES FOR THAT TAX YEAR.

Read the first time and referred to the Committee on Finance.

S. 1387 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-235 SO AS TO PROVIDE THAT A CERTIFICATE OF NEED FOR A HEALTH CARE FACILITY MAY NOT BE ISSUED TO A PERSON OR TO AN ENTITY UNLESS THE PERSON TO WHOM THE CERTIFICATE IS ISSUED OR THE PERSON OWNING MOST OF THE ENTITY TO WHICH THE CERTIFICATE IS ISSUED IS ENGAGED FULL TIME IN PERFORMING THE HEALTH CARE SERVICE FOR WHICH THE CERTIFICATE OF NEED IS SOUGHT.

Read the first time and referred to the Committee on Medical Affairs.

S. 1388 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR FORESTERS, RELATING TO CONTINUING EDUCATION AND FEES FOR REGISTRATION AND RENEWALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1129, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

S. 1389 -- Fish, Game and Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-540 SO AS TO PROVIDE THAT TARPON ARE GAMEFISH IN THIS STATE, TO PROVIDE A CATCH OR POSSESSION LIMIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Read the first time and ordered placed on the Calendar without reference.

S. 1390 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM SIZE LIMITS ON SPOTTED SEA TROUT AND RED DRUM, SO AS TO IMPOSE A MINIMUM SIZE LIMIT OF TWELVE INCHES TOTAL LENGTH ON FLOUNDER AND TO MAKE IT UNLAWFUL ALL YEAR INSTEAD OF JUNE TO SEPTEMBER TO TAKE, CATCH, POSSESS, LAND, OR SELL A RED DRUM UNDER MINIMUM SIZE.

Read the first time and ordered placed on the Calendar without reference.

S. 1391 -- Fish, Game and Forestry Committee: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Read the first time and ordered placed on the Calendar without reference.

S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

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.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

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.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3100 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.

Read the first time and referred to the Committee on Judiciary.

H. 3129 -- Rep. McLellan: TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".

Read the first time and referred to the Committee on Banking and Insurance.

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

Read the first time and referred to the Committee on Banking and Insurance.

H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF CERTAIN FISH INCLUDING GRASS CARP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE GRASS CARP WHICH HAVE BEEN STOCKED AS PERMITTED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4168 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE WHEN REVIEWING CANDIDATES FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP.

Read the first time and referred to the Committee on Judiciary.

H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.

Read the first time and referred to the Committee on Judiciary.

H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.

Read the first time and referred to the Committee on Medical Affairs.

H. 4338 -- Reps. Waites, Hayes, Keyserling, T. Rogers, Rudnick and Washington: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.

Read the first time and referred to the Committee on Ethics.

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

Read the first time and referred to the Committee on Judiciary.

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

Read the first time and referred to the Committee on Judiciary.

H. 4393 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE CONTROLLED SUBSTANCE LAWS, SO AS TO PROVIDE THAT THE OFFENSE OF POSSESSION WITH INTENT TO DISTRIBUTE IS A LESSER INCLUDED OFFENSE TO THE OFFENSES INCLUDED IN SUBSECTION (e).

Read the first time and referred to the Committee on Judiciary.

H. 4420 -- Reps. Haskins, Gordon, Huff, M.D. Burriss, P. Harris, T.M. Burriss, Corning, Vaughn, Cork, Baxley, Wofford, Tucker and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-265 SO AS TO EXEMPT A NONRESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER FROM OBTAINING A SOUTH CAROLINA HUNTING AND FISHING LICENSE OR PERMIT IF HIS STATE OF RESIDENCE EXTENDS SIMILAR PRIVILEGES TO SOUTH CAROLINA RESIDENTS SIXTY-FIVE YEARS OF AGE OR OLDER, AND TO PROVIDE AN EXCEPTION.

Read the first time and referred to the Committee on Fish, Game and Forestry.

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

Read the first time and referred to the Committee on Judiciary.

H. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4485 -- Reps. Wilkins and Nettles: A BILL TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE AND PENALTIES, SO AS TO PROVIDE THAT THE DEFINITION OF A SECOND OR SUBSEQUENT OFFENSE INCLUDES MARIJUANA, DEPRESSANT, STIMULANT, OR HALLUCINOGENIC DRUGS.

Read the first time and referred to the Committee on Judiciary.

H. 4495 -- Rep. Burch: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.

Read the first time and referred to the Committee on Judiciary.

H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.

Read the first time and referred to the Committee on Judiciary.

H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.

Read the first time and referred to the Committee on Judiciary.

H. 4551 -- Reps. Wilkins, Barfield, Huff, Haskins and Keesley: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.

Read the first time and referred to the Committee on Judiciary.

H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.

Read the first time and referred to the Committee on Judiciary.

H. 4730 -- Rep. J. Bailey: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.

Read the first time and referred to the Committee on Judiciary.

H. 4731 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SALONS OF COSMETOLOGY, MANICURE, AND ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the General Committee.

H. 4732 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO SANITARY STANDARDS, APPROVED PROCEDURES OF DENTAL ASSISTANTS, APPROVED PROCEDURES OF EXPANDED DUTY DENTAL ASSISTANTS, APPROVED PROCEDURES FOR LICENSED DENTAL HYGIENISTS, DENTAL RADIOGRAPHY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

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

Read the first time and referred to the Committee on Judiciary.

H. 4775 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF PAYMENT OF WAGES, SO AS TO DELETE THE REFERENCE TO SEVERANCE PAYMENTS IN AMOUNTS DUE AN EMPLOYEE BY CONTRACT OR POLICY IN THE DEFINITION OF WAGES; TO AMEND SECTION 41-10-30, RELATING TO NOTICE AND RECORDKEEPING FOR WAGES AND DEDUCTIONS, SO AS TO PROVIDE THAT THE NOTICE REQUIREMENTS EXTEND ONLY TO THE NORMAL HOURS AND WAGES AGREED UPON, DELETE WAGE INCREASES FROM THE NOTICE REQUIREMENTS, AND LIMIT TO THREE YEARS THE TIME DURING WHICH EMPLOYERS SHALL RETAIN THE NAME, ADDRESS, WAGE, AND DEDUCTION INFORMATION OF EMPLOYEES; TO AMEND SECTION 41-10-50, RELATING TO PAYMENT OF WAGES DUE DISCHARGED EMPLOYEES, SO AS TO DELETE THE REFERENCE TO WRITTEN NOTICE, TO AMEND SECTION 41-10-70, RELATING TO INVESTIGATIONS OF PAYMENT OF WAGE COMPLAINTS BY THE COMMISSIONER OF LABOR, SO AS TO DELETE THE COMMISSIONER'S AUTHORITY TO DECIDE DISPUTES; AND TO AMEND SECTION 41-10-80, RELATING TO VIOLATIONS AND PENALTIES WITH RESPECT TO PAYMENT OF WAGES, SO AS TO MAKE PERMISSIVE THE ASSESSMENT OF CIVIL PENALTIES FOR FIRST VIOLATIONS OF THE PAYMENT OF WAGES LAW, TO LIMIT CIVIL PENALTIES FOR MULTIPLE OFFENSES ARISING FROM ONE TRANSACTION, TO PROVIDE THAT A CIVIL ACTION TO RECOVER UNPAID WAGES MUST BE BROUGHT WITHIN THREE YEARS AFTER THE WAGES BECOME DUE, AND TO DELETE THE CRIMINAL PENALTY AGAINST CERTAIN EMPLOYERS FAILING TO PAY WAGES WITHIN TEN DAYS AFTER WRITTEN DEMAND.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4422 -- Rep. Snow: A BILL TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.

Read the first time on motion of Senator HINDS, with unanimous consent, and ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 753 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-716 SO AS TO PROVIDE REQUIREMENTS FOR THE IDENTIFICATION AND MARKING OF CRAB POTS AND CRAB POT FLOATS OR BUOYS.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a majority favorable with amendments and Senator LEATHERMAN a minority unfavorable report on:

S. 970 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1665 SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUPERVISE THE WORK PREFORMED UNDER A CONSTRUCTION CONTRACT AWARDED BY THE DEPARTMENT; AND TO AMEND SECTION 57-5-1650, RELATING TO REGULATIONS PERTAINING TO THE QUALIFICATIONS OF CONTRACTORS ALLOWED TO BID ON DEPARTMENT WORK, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH THE REGULATIONS, CHANGE THE REFERENCE TO REGULATIONS FROM REASONABLE TO APPROPRIATE, AND REVISE THE ELIGIBILITY REQUIREMENTS FOR BIDDERS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 1093 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 1094 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO PROHIBIT THE USE OF LIGHTS WHICH RECEIVE THEIR POWER FROM POWER SYSTEMS OF MOTOR VEHICLES OR WATER CONVEYANCES IN GAME ZONE 5.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 1109 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-702 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FOR OBSERVING OR HARASSING WILDLIFE IN GAME ZONE 11 AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:

S. 1162 -- Senator Macaulay: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS (ROCKFISH) AND BLACK BASS ON LAKE MURRAY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO LAKE HARTWELL, LAKE KEOWEE, AND LAKE JOCASSEE AND TO ALLOW THE LIMITS TO BE SET BY EMERGENCY REGULATIONS ON THOSE THREE LAKES.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 1225 -- Senators Peeler, Lee, Pope and Lourie: A BILL TO AMEND SECTION 56-5-5350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF MOTOR VEHICLES SO AS TO ALLOW THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXEMPT VEHICLES SUBJECT TO UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 1354 -- Senator Moore: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS, SO AS TO PERMIT THE RUNNING OF RABBITS WITH DOGS AT ANY TIME DURING THE YEAR IN ENCLOSURES APPROVED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.

Ordered for consideration tomorrow.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 3410 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

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

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 4692 -- Reps. D. Williams, J. Williams, H. Brown and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-139 SO AS TO ESTABLISH A NO WAKE ZONE ON THE TAIL RACE CANAL IN BERKELEY COUNTY FROM THE HIGHWAY 52 BRIDGE TO ONE HUNDRED YARDS BELOW THE DOCK RESTAURANT.

Ordered for consideration tomorrow.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.

Ordered for consideration tomorrow.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

S. 1348 -- Senators Russell and Giese: A CONCURRENT RESOLUTION DECLARING THE WEEK APRIL 1, 1990, THROUGH APRIL 7, 1990, AS DISABLED ATHLETES' WEEK IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.

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

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.

Senator LAND explained the Bill.

THIRD READING BILLS

The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Amended And Read

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators BRYAN, GILBERT and ROSE proposed the following amendment (Doc. No. 0502I), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 16-11-700(C)(1) of the 1976 Code, as last amended by Act 530 of 1988, is further amended to read:

"(1) Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined punished as follows:

(a) for a first offense, a fine of not less than one hundred dollars nor more than two hundred dollars for each offense; provided, however, if aggravating circumstances exist such as but not limited to the quantity of litter, the court may, in its discretion, impose a fine not to exceed one thousand dollars;

(b) for a second or subsequent offense, a fine of not less than two hundred dollars nor more than one thousand dollars or imprisonment for not more than sixty days.

In addition to any fine and for each offense under the provisions of this item, the court also must also impose a minimum, of five hours of litter-gathering labor or other such public service as the court may order because of physical or other incapacities, and which is under the supervision of the court. Magistrates have jurisdiction over violations of this section."

Amend title to conform.

Senator GILBERT explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

CARRIED OVER

The following Bills were carried over:

H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.

(On motion of Senator WADDELL)

H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.

(On motion of Senator DRUMMOND)

AMENDMENT PROPOSED, CARRIED OVER

H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senators LONG, McCONNELL, MULLINAX and ROSE proposed the following amendment (Doc. No. 0850o):

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. Section 59, Part II of Act 189 of 1989, is amended to read:

"From the funds set aside pursuant to Section 12-27-1270 of the 1976 Code, the South Carolina Coordinating Council for Economic Development may spend an amount not exceeding one million dollars in fiscal year 1989-90 to study the computer infrastructure needs of state government. for one or more of the following activities: (1) a study to determine the computer infrastructure needs of state government; (2) additional money for the Department of Parks, Recreation and Tourism to nationally advertise and promote the South Carolina tourism industry; (3) a contract with the State Development Board to study interrelations of the Geographical Information Systems overlay project and the state computer infrastructure study (not to exceed two hundred thousand dollars); and (4) assist the University of South Carolina, Clemson, and sixteen technical colleges with the Southeast Manufacturing Center."/

Renumber sections to conform.

Amend title to conform.

Senator LONG explained the amendment.

Senator WADDELL spoke in favor of the adoption of the amendment.

Senator DRUMMOND spoke contra to the adoption of the amendment.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

OBJECTION

H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator WADDELL explained the amendment.

Senator SHEALY objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator LAND, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

Amended, Debate Interrupted

S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Objection

Senator WILLIAMS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.

Senator MULLINAX objected.

Senator LAND spoke on the Bill.

On motion of Senator LAND, with unanimous consent, the following amendment (Doc. No. 3011R, G2) was taken up for immediate consideration:

Amend the bill, as and if amended, page 1255-3, line 9, subitem (1) of Section 44-56-60(a) as contained in SECTION 1, by striking the word "and" and inserting "or".

Amend title and sections to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Debate was interrupted by adjournment.

ADJOURNMENT

At 1:34 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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