South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

THURSDAY, FEBRUARY 28, 1991

Thursday, February 28, 1991
(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, Heavenly Father, for the further accomplishments of our Country and her allies. We are grateful for heros' valor and for the toil of hand and brain that have brought freedom to so many people. Continue to direct all to a deep devotion and dedication to tasks unfinished that great things may be accomplished. Keep firm every effort to make permanent the blessings of liberty for both this generation and generations to come. May all of us do what we ought to do that law and order prevail, justice be done, and people live together in peace.

We pray to our God in the words of the Psalmist: "I put my trust in You" (Psalm 25:20a). 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.

REPORTS OF STANDING COMMITTEES

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3339 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3376 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4185 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE AN OPEN END OR ANNUAL PERMIT FOR THE USE ON THE PUBLIC HIGHWAYS OF COTTON MODULAR VEHICLES WITHOUT LIMITATION AS TO WIDTH, PROVIDE A FEE FOR THE PERMIT, AUTHORIZE REGULATIONS, CREATE A MISDEMEANOR OFFENSE, AND PROVIDE A PENALTY.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.

Ordered for consideration tomorrow.

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

H. 3491 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT, UPON VERIFICATION BY THE COUNTY VETERANS' AFFAIRS OFFICER THAT THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS HAS RATED A NONSERVICE-CONNECTED VETERAN AS ENTITLED TO CERTAIN BENEFITS, A PLACARD MUST BE ISSUED PURSUANT TO SECTION 56-3-1960 (FREE PARKING FOR HANDICAPPED PERSONS) WITHOUT THE NECESSITY OF PHYSICIAN'S STATEMENT AND WITHOUT FEES.

Ordered for consideration tomorrow.

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

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3615 -- Rep. Sheheen: A HOUSE RESOLUTION TO FIX TUESDAY, MARCH 5, 1991, AT 12:15 P.M., AS THE TIME FOR THE HOUSE OF REPRESENTATIVES TO ELECT TWO OF ITS MEMBERS TO THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE.

Be it resolved by the House of Representatives:

That Tuesday, March 5, 1991, at 12:15 p.m., is fixed as the time for the House of Representatives to elect two of its members to the Legislative Audit Council Nominating Committee.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3616 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROBERT S. TURNER OF GEORGIA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 27, 1991.

The Concurrent Resolution was ordered placed on the Calendar.

INTRODUCTION OF BILLS

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

H. 3617 -- Reps. Hayes, Fair, Huff, Keesley, Altman, Koon, L. Martin, Sharpe, Smith, Waites and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1025 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON BEER EQUAL TO FORTY-TWO HUNDREDTHS CENTS AN OUNCE AND ON WINE EQUAL TO SIXTY-THREE HUNDREDTHS CENTS AN OUNCE AND TO DEDICATE A PORTION OF THE REVENUE FROM THE TAX FOR ALCOHOL AND DRUG ABUSE PROGRAMS AND ENFORCEMENT.

Referred to Committee on Ways and Means.

H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

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

H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.

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

H. 3620 -- Rep. Hodges: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED FOR THE PERSONAL MOTOR VEHICLE OF A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED.

Referred to Committee on Ways and Means.

H. 3621 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3622 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3624 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-95 SO AS TO PROVIDE FOR THE ESTABLISHMENT BY THE STATE DEPARTMENT OF SOCIAL SERVICES OF WRITTEN CRITERIA FOR EVALUATING A COUNTY DEPARTMENT, AN ADVISORY COMMITTEE, EVALUATIONS, CORRECTIVE ACTION PLAN, IMPROVEMENTS, ESCROW OF FUNDS, AND COUNTY DIRECTORS.

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

H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.

Referred to Committee on Judiciary.

H. 3626 -- Reps. McAbee, Sharpe, Smith, Keegan, Snow, Holt, Jaskwhich, Felder, Chamblee, D. Elliott, Rama, Gonzales, Altman and Phillips: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO INCLUDE TOURISM FACILITIES AND DEFINE THE TERM.

Referred to Committee on Ways and Means.

H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.

Referred to Committee on Ways and Means.

H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Cooper
Corbett                Cork                   Corning
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Foster
Fulmer                 Gentry                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Manly
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Rama                   Rhoad                  Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Stoddard
Townsend               Tucker                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Wofford
Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 28.

Roger Young                       E. Dewitt McCraw
J.L. Mann Cromer                  Grady Brown
Lewis R. Vaughn                   Lenoir Sturkie
Thomas E. Huff                    Howell Clyborne
Michael F. Jaskwhich              Timothy Rogers
Dell Baker                        Rick Quinn
Steve Lanford                     Derham Cole
Maggie Glover
Total Present--113

LEAVE OF ABSENCE

The SPEAKER granted Rep. D. MARTIN a leave of absence for the day.

STATEMENTS OF ATTENDANCE

Reps. HARVIN, KOON and M. MARTIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 27.

DOCTOR OF THE DAY

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

MOTION ADOPTED

Rep. WILDER moved that when the House adjourns it adjourn in memory of Mrs. Thelma Kitchings of Williston, which was agreed to.

SENT TO THE SENATE

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

H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.

H. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.

H. 3086--DEBATE ADJOURNED

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

H. 3086 -- Rep. Rama: 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.

H. 3419--POINT OF ORDER

The following Bill was taken up.

H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3453--POINT OF ORDER

The following Bill was taken up.

H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3041--POINT OF ORDER

The following Bill was taken up.

H. 3041 -- 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.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3176--POINT OF ORDER

The following Bill was taken up.

H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9203.JM).

Amend the bill, as and if amended, by striking Section 15-75-50, as contained in SECTION 1 of the bill, and inserting:

/"Section 15-75-50. (A) As used in this section:

(1)     'Person' means any individual, firm, organization, partnership, association, or corporation.

(2)     'Unsolicited advertising material' means advertising material other than material transmitted:

(a)     in response to an express request of the person receiving the material;

(b)     to any person with whom the person transmitting the material has an existing business relationship or has had a previous business relationship.

(B)     No person may use a machine that electronically transmits facsimiles of documents through connection with a telephone network to transmit within this State unsolicited advertising material for the sale of any real property, goods, or services.

(C)     The Attorney General may bring an action to impose a civil penalty upon, and to seek injunctive relief against, anyone who violates the provisions of subsection (B). The civil penalty may not exceed five hundred dollars a violation. Each transmission is considered a separate violation."/

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.

H. 3465 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND REGISTRATION FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO CHANGE REGISTRATION AND LICENSING DATES.

Rep. ALTMAN explained the Bill.

H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.

Rep. McABEE explained the Bill.

OBJECTION TO MOTION

Rep. CARNELL asked unanimous consent that H. 3558 be read a third time tomorrow.

Rep. KLAPMAN objected.

H. 3358--POINT OF ORDER

The following Bill was taken up.

H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. WALDROP asked unanimous consent to recall S. 641 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. KLAPMAN objected.

H. 3463--DEBATE ADJOURNED

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

H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 27, by Rep. McCAIN.

Rep. McLEOD spoke against the amendment and moved to adjourn debate upon the Senate Amendments until Wednesday, March 6, which was adopted.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. J.W. JOHNSON.

H. 3092--ORDERED TO THIRD READING

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

H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Corning, Quinn, Marchbanks, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Reps. MANLY and CROMER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11303.DW), which was rejected.

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

SECTION 2. Section 56-5-5360(d) of the 1976 Code is amended to read:

"(d)     Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection and fifty cents for the issuance of each inspection certificate. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by the State Highway Department South Carolina Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents each."

SECTION 3. This act takes effect ninety days after approval by the Governor./

Amend title to conform.

Rep. MANLY explained the amendment.

Rep. CROMER spoke in favor of the amendment.

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

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

Yeas 50; Nays 52

Those who voted in the affirmative are:

Alexander, T.C.        Baxley                 Boan
Brown, G.              Bruce                  Burch
Carnell                Cato                   Chamblee
Cole                   Cooper                 Fair
Farr                   Foster                 Fulmer
Gentry                 Gonzales               Hallman
Harris, J.             Haskins                Holt
Johnson, J.W.          Kirsh                  Littlejohn
Marchbanks             Martin, L.             McAbee
McCain                 McCraw                 McGinnis
McLeod                 McTeer                 Phillips
Quinn                  Rama                   Rhoad
Rudnick                Sharpe                 Shirley
Smith                  Townsend               Tucker
Vaughn                 Waldrop                Wells
Whipper                Wilder                 Wofford
Wright                 Young, A.

Total--50

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Beasley                Beatty
Bennett                Brown, H.              Brown, J.
Burriss                Clyborne               Corbett
Cork                   Corning                Cromer
Elliott, L.            Gregory                Harris, P.
Harvin                 Harwell                Hayes
Hendricks              Hodges                 Houck
Huff                   Jaskwhich              Keegan
Keesley                Kempe                  Keyserling
Kinon                  Klapman                Manly
Martin, M.             Mattos                 McElveen
McKay                  Meacham                Neilson
Nettles                Rogers                 Scott
Sheheen                Stoddard               Waites
White                  Wilkes                 Wilkins
Williams, D.

Total--52

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 47; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Beasley                Beatty
Bennett                Brown, H.              Brown, J.
Burriss                Clyborne               Cork
Corning                Cromer                 Elliott, D.
Elliott, L.            Gregory                Harris, P.
Harvin                 Hayes                  Hendricks
Hodges                 Houck                  Huff
Jaskwhich              Keegan                 Keesley
Kempe                  Keyserling             Klapman
Manly                  Martin, M.             McElveen
Neilson                Rogers                 Scott
Sheheen                Short                  Stoddard
Waites                 White                  Wilkes
Wilkins                Williams, J.

Total--47

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Boan
Brown, G.              Bruce                  Burch
Carnell                Cato                   Chamblee
Cole                   Cooper                 Corbett
Fair                   Farr                   Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Haskins
Johnson, J.W.          Kinon                  Kirsh
Koon                   Littlejohn             Marchbanks
Martin, L.             McAbee                 McCain
McCraw                 McGinnis               McLeod
McTeer                 Meacham                Phillips
Quinn                  Rama                   Rhoad
Ross                   Rudnick                Sharpe
Shirley                Smith                  Snow
Sturkie                Townsend               Tucker
Vaughn                 Waldrop                Wells
Whipper                Wilder                 Wofford
Wright                 Young, A.

Total--56

So, the amendment was rejected.

Rep. HENDRICKS spoke against the Bill.

Rep. BRUCE spoke in favor of the Bill.

Rep. WILKES spoke against the Bill and moved to adjourn debate upon the Bill until Thursday, March 7.

Rep. BEASLEY moved to table the Bill.

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

Yeas 44; Nays 60

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Barber
Beasley                Beatty                 Bennett
Brown, J.              Cato                   Clyborne
Corbett                Cork                   Cromer
Elliott, D.            Elliott, L.            Harris, J.
Harris, P.             Harvin                 Hayes
Hendricks              Hodges                 Houck
Jaskwhich              Keegan                 Keesley
Kempe                  Keyserling             Manly
Martin, M.             McElveen               McTeer
Neilson                Rogers                 Rudnick
Scott                  Snow                   Stoddard
Waites                 Whipper                White
Wilkes                 Williams, D.

Total--44

Those who voted in the negative are:

Alexander, T.C.        Baker                  Baxley
Boan                   Brown, G.              Brown, H.
Bruce                  Burch                  Carnell
Chamblee               Cole                   Cooper
Corning                Fair                   Farr
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harwell                Haskins                Holt
Huff                   Johnson, J.W.          Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, L.             McAbee                 McCain
McCraw                 McGinnis               McLeod
Meacham                Phillips               Quinn
Rama                   Rhoad                  Ross
Sharpe                 Sheheen                Short
Smith                  Sturkie                Townsend
Tucker                 Vaughn                 Waldrop
Wells                  Wilder                 Wilkins
Wofford                Wright                 Young, A.

Total--60

So, the House refused to table the Bill.

The question then recurred to the motion to adjourn debate until Thursday, March 7.

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

Yeas 54; Nays 48

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Baker
Baxley                 Brown, G.              Brown, H.
Bruce                  Burch                  Carnell
Cato                   Cole                   Elliott, D.
Elliott, L.            Fair                   Farr
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harris, P.
Haskins                Johnson, J.W.          Kirsh
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             McAbee
McCain                 McCraw                 McGinnis
McLeod                 Phillips               Quinn
Rama                   Rhoad                  Ross
Sharpe                 Shirley                Short
Smith                  Sturkie                Townsend
Tucker                 Vaughn                 Waldrop
Wells                  Wilkins                Williams, D.
Wofford                Wright                 Young, A.

Total--54

Those who voted in the negative are:

Altman                 Bailey, G.             Bailey, J.
Bailey, K.             Barber                 Beasley
Beatty                 Bennett                Boan
Brown, J.              Burriss                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Corning                Cromer
Harris, J.             Harvin                 Hayes
Hendricks              Hodges                 Holt
Houck                  Huff                   Jaskwhich
Keegan                 Keesley                Kempe
Keyserling             Klapman                Manly
Martin, M.             McElveen               McTeer
Meacham                Neilson                Rogers
Rudnick                Scott                  Sheheen
Snow                   Stoddard               Waites
Whipper                White                  Wilkes

Total--48

So, the motion to adjourn debate was tabled.

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

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

Yeas 61; Nays 44

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Baxley                 Boan                   Brown, G.
Brown, H.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corning                Fair                   Farr
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harris, J.
Harwell                Haskins                Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.W.          Kinon                  Kirsh
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             McAbee
McCain                 McCraw                 McGinnis
McLeod                 Phillips               Quinn
Rama                   Rhoad                  Ross
Sharpe                 Sheheen                Smith
Sturkie                Townsend               Tucker
Vaughn                 Waldrop                Wells
Wilder                 Wofford                Wright
Young, A.

Total--61

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, J.
Bailey, K.             Barber                 Beasley
Beatty                 Bennett                Brown, J.
Burriss                Corbett                Cork
Cromer                 Elliott, D.            Elliott, L.
Harris, P.             Harvin                 Hayes
Hendricks              Houck                  Keegan
Keesley                Kempe                  Keyserling
Klapman                Manly                  Martin, M.
McElveen               McTeer                 Meacham
Neilson                Rogers                 Rudnick
Scott                  Shirley                Short
Snow                   Stoddard               Waites
Whipper                White                  Wilkes
Wilkins                Williams, D.

Total--44

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

MOTION NOTED

Rep. HUFF moved to reconsider the vote whereby H. 3092 was given a second reading and the motion was noted.

RECURRENCE TO THE MORNING HOUR

Rep. ROGERS moved that the House recur to the morning hour, which was agreed to.

REGULATION RECEIVED

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

Document No. 1380
Promulgated By Board Of Physical Therapy Examiners
Exemptions From Licensure; Examinations, Scheduling And Grading; Fees
Received By Speaker February 28, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date June 28, 1991

INTRODUCTION OF BILLS

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

H. 3629 -- Rep. Koon: A BILL TO AMEND SECTION 38-73-1380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OR SUBSCRIBERS OF RATING ORGANIZATIONS UTILIZING RATES OR PREMIUM CHARGES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES, SO AS TO PROVIDE THAT NO PUBLIC HEARING IS REQUIRED TO APPROVE AN EXPENSE COMPONENT FILED BY A MEMBER OR SUBSCRIBER, UNLESS THAT MEMBER'S OR SUBSCRIBER'S TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS DURING THE PREVIOUS CALENDAR YEAR EQUALED OR EXCEEDED FIVE PERCENT RATHER THAN ONE PERCENT OF THE TOTAL WRITTEN PRIVATE PASSENGER AUTOMOBILE INSURANCE PREMIUMS FOR THAT YEAR.

Referred to Committee on Labor, Commerce and Industry.

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

Referred to Committee on Labor, Commerce and Industry.

H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.

Referred to Committee on Labor, Commerce and Industry.

H. 3634 -- Reps. Hayes, Clyborne, Barber, Haskins, Wilkins, Kinon and Beasley: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.

Referred to Committee on Judiciary.

H. 3635 -- Reps. Rama, Hallman, Cork, Fulmer, Sheheen, Holt, Wilkins, J. Bailey and Wright: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.

Referred to Committee on Labor, Commerce and Industry.

Rep. T.C. ALEXANDER moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 11:00 A.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Mrs. Thelma Kitchings of Williston, to meet at 10:00 A.M. tomorrow.

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