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

THURSDAY, MARCH 7, 1991

Thursday, March 7, 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:

Our prayer today is an adaptation of some verses written by a man named Lloyd Stone. After having been used last Sunday as a Hymn in his Church, Rep. Pat B. Harris gave me this poem with the idea that we would like to use it here.
Let us pray:

"This is my prayer, O God of all nations,

A prayer for peace for lands afar and mine;

This is my home, the country where my heart is;

Here are my hopes, my dreams, my holy shrine:

But other hearts in other lands are beating

With hopes and dreams as true and high as mine.

My country's skies are bluer than the ocean

And sunlight beams on cloverleaf and pine;

But other lands have sunlight, too, and clover

And skies are everywhere as blue as mine:

O, hear my prayer, Thou God of all the nations,

A prayer of peace for their land and mine".

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.

MOTION ADOPTED

Rep. BURCH moved that when the House adjourns it adjourn in memory of Dr. J. Rance Mack from Pageland, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, and Rep. HASKINS, for the minority, submitted an unfavorable report, on:

H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Manly, Whipper, Kempe, Mattos and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3653 -- Reps. Rogers, J. Brown, Burriss, Corning, Cromer, Quinn, Scott and Waites: A CONCURRENT RESOLUTION CONGRATULATING THE STATE NEWSPAPER OF COLUMBIA ON ITS ONE HUNDREDTH ANNIVERSARY AND EXTENDING THE PUBLISHERS, EDITORS, WRITERS, AND STAFF OF THE STATE BEST WISHES FOR AT LEAST ANOTHER CENTURY OF JOURNALISTIC EXCELLENCE AND SUCCESS.

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

CONCURRENT RESOLUTION

On motion of Rep. HUFF, with unanimous consent, the following was taken up for immediate consideration:

H. 3654 -- Reps. Huff, Wilkes, Quinn and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.

Be it resolved by the House of Representatives, the Senate concurring:

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 20, 1991, at 12:00 Noon, for the purpose of electing a successor to the member of the South Carolina Public Service Commission from the Sixth Congressional District so as to fill an unexpired term which will expire in 1994.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 734 -- Senator Lourie: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO MR. RICHARD T. ("T.R.") RUNNELS FOR HIS SUPERB SERVICE AS INTERIM DIRECTOR OF THE SOUTH CAROLINA AERONAUTICS COMMISSION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 736 -- Senators Courson, Bryan, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR THE MEN AND WOMEN OF THE UNITED STATES ARMED FORCES WHO SUCCESSFULLY AND COURAGEOUSLY DEFENDED OUR COUNTRY DURING OPERATION DESERT STORM.

Whereas, the men and women of the Marine Corps, Navy, Army, and the Air Force Reserves, the South Carolina National Guard and the regular United States Armed Forces have conducted themselves with unyielding loyalty and dedication to the United States of America during Operation Desert Storm; and

Whereas, the men and women of the United States Armed Forces, as well as their families and friends, have endured great hardship and sacrifice in an effort to thwart Iraq's naked aggression and tyranny; and

Whereas, the people of South Carolina have rallied behind President George Bush in an effort to show their support for the United States troops in the Persian Gulf and seek a safe and swift return for the troops; and

Whereas, the United States Armed Forces and the other coalition forces presented the enemy with a strong unified body of troops whose professionalism and discipline crushed the will of the enemy troops who opposed them; and

Whereas, as a result of the determination of our troops, the United States of America was vital in achieving one of the most devastating and decisive victories in the history of mankind and restoring peace to the Middle East; and

Whereas, the United States of America has clearly proven that it has the capacity to wage war with a ferocity that no other nation can hope to oppose with success. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly and the people of South Carolina are grateful to the men and women of the Marine Corps, Navy, Army and the Air Force Reserves, the South Carolina National Guard and the regular United States Armed Forces for successfully and courageously defending our nation and hereby bestow upon them our highest honor and respect for their essential role in Operation Desert Storm.

Be it further resolved that a copy of this resolution be forwarded to President George Bush, Joint Chiefs of Staff Chairman Colin Powell, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the South Carolina Congressional Delegation, and Eston Marchant, Adjutant General of South Carolina.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3655 -- Reps. Waldrop and Corbett: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH FACILITY LICENSURE ACT, TO EXEMPT EASTERN STAR HOME IN SUMTER COUNTY FROM LICENSING REQUIREMENTS.

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

H. 3656 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3657 -- Reps. Burch, Huff, Quinn, Beasley, Gentry, Nettles and Clyborne: A BILL TO AMEND SECTION 17-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION OF FUGITIVES CHARGED WITH CERTAIN CRIMES COMMITTED IN ANOTHER STATE, SO AS TO ALSO PERMIT EXTRADITION FOR CRIMES INVOLVING A VIOLATION OF FRAUDULENT OR DISHONORED CHECK LAWS.

Referred to Committee on Judiciary.

H. 3658 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-185 SO AS TO PROVIDE THAT ANY PERSON CERTIFIED BY THE STATE FIRE MARSHAL TO SERVICE, INSTALL, OR REPAIR A PARTICULAR TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM IS ENTITLED TO SERVICE, INSTALL, OR REPAIR ANY OTHER TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM UPON REQUEST OF THE OWNER OF THE SYSTEM.

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

H. 3659 -- Reps. Houck and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION ALLOWED FOR SCHOOLS, COLLEGES, HOSPITALS, AND CHARITABLE INSTITUTIONS CARING FOR THE INFIRMED, HANDICAPPED PERSONS, THE AGED, CHILDREN, AND INDIGENT PERSONS, DOES NOT EXTEND BEYOND THE BUILDINGS AND PREMISES ACTUALLY OCCUPIED BY OWNERS OF THE REAL PROPERTY.

Referred to Committee on Ways and Means.

H. 3660 -- Reps. Carnell, White, P. Harris, D. Williams, Felder and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO ESTABLISH THE MEDICAID HEALTH CARE FUND ADMINISTERED BY THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE PURPOSE OF MATCHING FEDERAL FUNDS FOR MEDICAID PROGRAM SERVICES AND TO PRODUCE REVENUES FOR THE FUND BY A USER FEE EQUAL TO TWO AND ONE-HALF MILLS ON CIGARETTES MADE OF TOBACCO OR TOBACCO SUBSTITUTES.

Referred to Committee on Ways and Means.

H. 3662 -- Rep. Gentry: A BILL TO AMEND SECTION 15-1-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SCOPE OF THE SECTION BY PROVIDING FOR COMPARATIVE NEGLIGENCE; TO AMEND SECTIONS 42-1-520, RELATING TO WORKERS' COMPENSATION AND DEFENSES AVAILABLE TO AN EMPLOYER AND 58-17-3730, RELATING TO ACTIONS AGAINST COMMON CARRIERS BY RAIL, SO AS TO DELETE ANY REFERENCE TO THE DEFENSES OF CONTRIBUTORY NEGLIGENCE, NEGLIGENCE OF A FELLOW SERVANT, AND ASSUMPTION OF RISK; AND TO REPEAL SECTION 15-73-20, RELATING TO BARRING RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

S. 328 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

Referred to Committee on Ways and Means.

S. 441 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE THAT THE SOCIAL SECURITY NUMBERS OF A CHILD'S PARENTS ARE INCLUDED ON THE CHILD'S BIRTH CERTIFICATE.

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

S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.

Referred to Committee on Judiciary.

S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.

Referred to Committee on Judiciary.

S. 717 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.

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

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.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Cromer
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Gonzales
Gregory                Hallman                Harris, J.
Harris, P.             Harwell                Haskins
Hayes                  Hendricks              Hodges
Houck                  Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Littlejohn             Manly
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
McKay                  McTeer                 Meacham
Neilson                Nettles                Phillips
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Short                  Smith
Snow                   Stoddard               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wilkins
Williams, D.           Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 7.

Dick Elliott                      Holly A. Cork
Richard M. Quinn, Jr.             E.B. McLeod
D. N. Holt                        C. Lenoir Sturkie
John C. Rama                      John B. Williams
T.M. Burriss                      Alex Harvin, III
Steve Lanford
Total Present--112

LEAVES OF ABSENCE

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

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

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 6.

DOCTOR OF THE DAY

Announcement was made that Dr. James Halford of Anderson is the Doctor of the Day for the General Assembly.

SILENT PRAYER

On motion of Rep. FELDER and the Orangeburg Delegation, the House stood in silent prayer in memory of Mrs. Mary Ashley Gardner daughter of Senator Marshall Williams.

CONCURRENT RESOLUTION

The following was introduced:

H. 3661 -- Reps. McElveen, Sheheen, G. Brown, McLeod, Baxley, Corbett, Hallman and Keegan: A CONCURRENT RESOLUTION DIRECTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ORDER LAIDLAW ENVIRONMENTAL SERVICES TO CEASE OPERATIONS OF ACCEPTING AND DISPOSING OF HAZARDOUS WASTE IN ITS PINEWOOD LANDFILL FACILITY UNTIL SUCH TIME AS A COMPLETE INSPECTION OF THE FACILITY IS MADE BY THE DEPARTMENT FOR LEAKS AND OTHER DETERMINATIONS.

Rep. McELVEEN explained the Concurrent Resolution.

Five members objecting to immediate consideration, the Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

SPECIAL PRESENTATION

Rep. PHILLIPS presented Capt. John P. Park, the new Director of the S.C. Aeronautics Commission.

SENT TO THE SENATE

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

H. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

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.

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.

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.

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.

H. 3086--DEBATE ADJOURNED

Rep. HUFF moved to adjourn debate upon the following Bill until Monday, March 11, 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.

MOTION NOTED

Rep. HUFF moved to reconsider the vote whereby H. 3086 was given a second reading and the motion was noted.

ORDERED TO THIRD READING

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

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.

S. 639 -- Fish, Game & Forestry Committee: A BILL TO AMEND CHAPTER 18, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AQUACULTURE, SO AS TO CHANGE THE REFERENCE TO RECIPROCAL HYBRID TO HYBRID, REVISE RELATED DEFINITIONS AND REQUIREMENTS FOR DOCUMENTATION OF THE SALE OR TRANSFER OF HYBRIDS, DELETE THE REFERENCE TO BROOD STOCK AND FINGERLINGS OF STRIPED BASS ORIGINATING OUT OF STATE, REVISE THE REQUIREMENTS PERTAINING TO TRANSPORTING DEVICES USED IN THE AQUACULTURE BUSINESS, PROVIDE FOR PERMITTED INSTEAD OF APPROVED SPECIES, DELETE THE REFERENCES TO TAGGED FISH AND SEALED PRODUCTS, REVISE THE FISH TRANSPORTATION AND LABELING REQUIREMENTS, PROVIDE FOR INSPECTION AND SAMPLING IN FACILITIES WHEN EMPLOYEES ARE PRESENT, AND DELETE THE REQUIREMENT FOR SEALED CONTAINERS CONTAINING TWENTY POUNDS OR LESS OF PRODUCT TO BE LABELED.

S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.

H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.

Rep. NIELSON explained the Bill.

H. 3647 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1303, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. L. MARTIN explained the Joint Resolution.

H. 3648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MORTGAGE LOAN BROKER CERTIFICATE OF REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1305, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. L. MARTIN explained the Joint Resolution.

H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

S. 641--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that S. 641 be read the third time tomorrow.

H. 3647--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3647 be read the third time tomorrow.

H. 3648--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3648 be read the third time tomorrow.

H. 3649--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3649 be read the third time tomorrow.

S. 654--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.

Rep. J.C. JOHNSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18277.SD), which was adopted.

Amend the bill, as and if amended, in Section 59-103-160 of the 1976 Code by striking /not submitting plans and any amendment to the commission/ which begins on line 24 of page 2 and inserting /not complying with the provisions of this section/.

Amend title to conform.

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

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

S. 574--POINT OF ORDER

The following Bill was taken up.

S. 574 -- Senators McGill and Hinds: A BILL TO AMEND ARTICLE 12, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-2415, SO AS TO PERMIT RUBBER PADDED STEEL FOOT-HOLD TRAPS TO BE USED IN GAME ZONE 9 TO CAPTURE FOX.

POINT OF ORDER

Rep. CROMER 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. 3145--POINT OF ORDER

The following Bill was taken up.

H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.

POINT OF ORDER

Rep. VAUGHN 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. 3140--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3140 -- Rep. Rama: A BILL TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO PROHIBIT THE DEVICES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7274.BD), which was adopted.

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

/SECTION     1.     Section 16-17-446 of the 1976 code, as added by Act 656 of 1988, is amended to read:

"Section 16-17-446.     (A)     'Adad' means any an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls also include calls of a political nature including, but not limited to, calls relating to political campaigns.

(B)     Adad calls are prohibited except:

(1)     in response to an express request of the person called;

(2)     primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;

(3)     to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.

(C)     Adad calls not prohibited under subsection (B):

(1)     are subject to provisions in Section 16-17-445(B)(1), (2), and (3). Adad calls;

(2)     shall disconnect immediately when the called party hangs up. Adad calls;

(3)     are prohibited after seven o'clock p.m. or before eight o'clock a.m. on any day. Adad calls;

(4)     may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.

(D)     A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F)."

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

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 3140--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RAMA, with unanimous consent, it was ordered that H. 3140 be read the third time tomorrow.

H. 3183--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3183 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11297.DW), which was adopted.

Amend the bill, as and if amended, in Section 34-11-140, as contained in SECTION 1, line 32, by inserting after /cashing/ /or accepting/; on line 33, by inserting after /cash/ /or accept the/; and on line 35 by inserting after /cashed/ /or accepted/ so that when amended Section 34-11-140 shall read:

/Section 34-11-140. When a person draws, makes, utters, issues, or delivers to another a check, a draft, or other written order on a bank or depository for the payment of money or its equivalent, whether given to obtain money, services, credit, property, or anything of value, he may be required to present a credit card for identification, but the credit card account number must not be copied. However, this section does not prohibit a person from recording a credit card number and expiration date as a condition for cashing or accepting a check where that person has agreed with the card issuer to cash or accept the checks as a service to the issuer's cardholders and the issuer guarantees cardholder checks cashed or accepted by that person. A person who violates the provisions of this section must be fined not more than two hundred dollars or imprisoned for not more than thirty days, or both./

Amend title to conform.

Rep. L. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 3183--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3183 be read the third time tomorrow.

H. 3319--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3319 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO INCLUDE IMMUNITY FOR AN ACT OR OMISSION IN THE PERFORMANCE OF THE POWERS AND DUTIES UNDER THE HEALTH INSURANCE POOL ACT.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\1290.AC), which was adopted.

Amend the bill, as and if amended, Section 38-74-70, as contained in SECTION 1, by striking subsection (B) and inserting:

/(B)     There is no liability on the part of, and no cause of action of any nature may arise against, a member insurer or its agents or employees, the pool's agents, employees, or board of directors, or the commissioner or his representatives, for any act or omission in the performance of their powers and duties under this chapter. There is no liability on the part of, and no cause of action of any nature may arise against, the pool for other than actual damages./

Amend title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

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

H. 3377--POINT OF ORDER

The following Bill was taken up.

H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7308.BD).

Amend the bill, as and if amended, by striking Section 40-6-210(A)(3), SECTION 1, page 3, beginning on line 3, and inserting:

/(3)     The applicant is not:

(a)     licensed under this chapter; or

(b)     a party jointly responsible for the claim./

Amend further, Section 40-6-130, SECTION 6, page 8, beginning on line 39, by striking /the secretary of/ and inserting /the secretary of/ and page 9, by striking the sentence beginning on line 1 and inserting /An applicant under this section shall not be required to file the bond pay the fee required under Section 40-6-100 if 40-6-200 whether or not he is currently is bonded as an auctioneer or apprentice auctioneer in his home state./ so that when amended Section 40-6-130 reads:

/Section 40-6-130.     Any A person who holds a valid auctioneer license in another state may apply for and be granted a South Carolina license if the requirements of that state in which he is licensed provides similar recognition to a license granted by this State, as determined by the commission, are at least substantially equivalent to the requirements of this chapter. An applicant under this section shall is not be required to take the examination required under Section 40-6-80 but shall pay the appropriate fee as shown in Section 40-6-140, and shall file with the commission an irrevocable consent that service on the secretary of the commission shall be is sufficient service or process for actions against the applicant by a resident of this State arising out of his auctioneering activities.

An applicant under this section shall not be required to file the bond pay the fee required under Section 40-6-100 if 40-6-200 whether or not he is currently is bonded as an auctioneer or apprentice auctioneer in his home state. Any A license issued under this section shall must be marked to indicate that its holder is a nonresident./

Amend title to conform.

Rep. L. MARTIN 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.

H. 3380--POINT OF ORDER

The following Bill was taken up.

H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

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.

S. 231--POINT OF ORDER

The following Bill was taken up.

S. 231 -- Senator Pope: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.

POINT OF ORDER

Rep. McCAIN 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. 3368--POINT OF ORDER

The following Bill was taken up.

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3257--POINT OF ORDER

The following Bill was taken up.

H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A GASOLINE STATION WHICH SELLS GASOLINE AT A LOWER PRICE WHEN THE CUSTOMER DISPENSES THE GASOLINE ON A SELF-SERVICE BASIS TO HAVE THIS GASOLINE DISPENSED TO A DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE PURCHASED ON A SELF-SERVICE BASIS AND TO PROVIDE EXCEPTIONS.

POINT OF ORDER

Rep. GENTRY 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. 3120--POINT OF ORDER

The following Bill was taken up.

H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.

POINT OF ORDER

Rep. CROMER 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. 3369--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7326.AC), which was adopted.

Amend the bill, as and if amended, SECTION 1, by deleting the last sentence which reads /Night as used in this section is between official sunset one day and official sunrise the following day./ so that when amended SECTION 1 reads:

/SECTION     1.     The season for raccoon and opossum in Game Zone 11 in Section 50-11-120 of the 1976 Code is amended to read:

"Raccoon and Opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only. Hunting of raccoon in Game Zone 11 must be at night./

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

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

H. 3369--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3369 be read the third time tomorrow.

H. 3385--OBJECTIONS WITHDRAWN,
AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. KIRSH, BENNETT and McLEOD, the following Bill was taken up.

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.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 5, by the Committee on Education and Public Works.

The amendment was then adopted.

The Education and Public Works Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3209.AL), which was adopted.

Amend the report of the Committee on Education and Public Works, as and if amended, Section 56-3-1240, page ii, by inserting after the period on line 9: /It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers./

When amended Section 56-3-1240 reads:

"Section 56-3-1240.     License plates issued for motor vehicles shall must be attached to the outside rear of the vehicle, open to view, except that on truck tractors and road tractors the plates shall must be attached to the outside front of the vehicle. Every license plate, shall at all times, must be securely fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate shall must be at a height of not less than twelve inches from the ground in a place and position to be clearly visible as provided in Section 56-5-4530, and it shall must be maintained free from foreign materials and in a clearly legible condition to be clearly legible. No other license plate, lighting equipment, except as permitted in Section 56-5-4350, tag, sign, monogram, tinted cover, or inscription of metal or other material shall may be displayed above, around, or upon the plate other than that which is authorized and issued by the department for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. Any A motor vehicle owner may attach a trailer hitch to any a motor vehicle so long as such provided the hitch does not obscure more than two inches of the license plate issued to such the motor vehicle. Operating or driving It is unlawful to operate or drive a motor vehicle with the license plate missing shall be unlawful and any a person who is convicted hereunder shall for violating this section must be punished as provided by Section 56-3-2520."

Amend title to conform.

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

Rep. PHILLIPS moved that the House do now adjourn.

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

Yeas 7; Nays 67

Those who voted in the affirmative are:

Altman                 Farr                   Harris, P.
Littlejohn             McGinnis               Phillips
Whipper

Total--7

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Barber
Baxley                 Beatty                 Boan
Brown, H.              Brown, J.              Bruce
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Corning                Cromer                 Elliott, L.
Foster                 Fulmer                 Gentry
Gonzales               Hallman                Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kinon                  Kirsh                  Klapman
Lanford                Marchbanks             Martin, L.
McCain                 McElveen               McLeod
Meacham                Neilson                Nettles
Quinn                  Rama                   Rogers
Ross                   Scott                  Sharpe
Sheheen                Smith                  Stoddard
Tucker                 Vaughn                 Waites
Waldrop                Wilder                 Wilkes
Williams, J.           Wofford                Wright
Young, A.

Total--67

So, the House refused to adjourn.

H. 3421--SENATE AMENDMENTS CONCURRED IN AND
BILL ENROLLED

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

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

Rep. T.C. ALEXANDER explained the Senate amendment.

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. M.O. ALEXANDER moved that the House do now adjourn.

POINT OF ORDER

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

RECURRENCE TO THE MORNING HOUR

Rep. J.C. JOHNSON moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 3663 -- Charleston Delegation: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO LINKS, INC., AND ITS SOUTHERN AREA MEETING IN CHARLESTON, MARCH 21-24, 1991, FOR OUTSTANDING ACTIVITIES TO IMPROVE THE QUALITY OF LIFE OF ALL CITIZENS.

Whereas, Sara W. Scott and Margaret Hawkins of Philadelphia summoned their friends together on November 9, 1946, in a call to "link their friendship" and resources to form a chain of strength which would work to "improve the quality of life" and provide hope for black citizens who were less advantaged both culturally and educationally; and

Whereas, the four facets define the focus for the energies of the Links: Services to Youth, The Arts, National Trends and Services, and International Trends and Services as structures for the conduct of the Links' projects; and

Whereas, the national organization of friendship has divided itself into four geographical areas to work toward its goals throughout the United States: Eastern, Western, Central, and Southern; and

Whereas, the Southern Area Conference is to be held in Charleston March 21-24, 1991, under the leadership of its national president, Marion Schultz Sutherland, the Southern Area director, Barbara Moore, and the Charleston chapter president, Marsha Hassell, to establish goals and set projects for South Carolina and other Southern Area States; and

Whereas, Southern Area Links, in the spirit of friendship and loving concern, responded to the devastating effects of Hurricane Hugo, through donations of money, other material goods, and moral and spiritual support to the people of South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, recognizes and expresses appreciation to Links, Inc., and its Southern Area meeting in Charleston, March 21-24, 1991, for outstanding activities to improve the quality of life of all citizens through the elimination of institutional racism, the establishment of racial justice, the support of educational endeavors as evidenced by its contribution of over one million dollars to the United Negro College Fund, and the enrichment of community life through its cultural activities and services through the arts.

Be it further resolved that a copy of this resolution be forwarded to Ms. Marion Schultz Sutherland, Ms. Barbara Moore, and Ms. Marsha Hassell.

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

INTRODUCTION OF BILLS

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

H. 3664 -- Reps. McElveen, Sheheen, McLeod, G. Brown, Baxley, Waites, Quinn and Harvin: A JOINT RESOLUTION DIRECTING THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ORDER LAIDLAW ENVIRONMENTAL SERVICES TO CEASE OPERATIONS OF ACCEPTING AND DISPOSING OF HAZARDOUS WASTE IN ITS PINEWOOD LANDFILL FACILITY UNTIL SUCH TIME AS A COMPLETE INSPECTION OF THE FACILITY IS MADE BY THE DEPARTMENT FOR LEAKS AND OTHER DETERMINATIONS.

Rep. McELVEEN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. KLAPMAN objected.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3665 -- Rep. White: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY QUALIFIED AS AGRICULTURAL REAL PROPERTY FOR PURPOSES OF VALUATION FOR PROPERTY TAXES, SO AS TO PROVIDE THAT A LANDOWNER MAY RECEIVE AGRICULTURAL USE VALUATION ON NOT MORE THAN TWO THOUSAND ACRES IN ONE COUNTY AND THE TOTAL REDUCTION IN FAIR MARKET VALUE FOR ONE LANDOWNER'S PROPERTY QUALIFYING FOR AGRICULTURAL USE VALUATION IN ONE COUNTY MAY NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.

Referred to Committee on Ways and Means.

H. 3666 -- Reps. Quinn, Corbett, Baker, Sturkie, Kirsh, Holt, Rama, Cork, J. Bailey, Smith, Cromer, Vaughn, Corning, Cato, Wells, Wright, Haskins, Phillips, Burriss, Koon, Meacham, McLeod, McGinnis, Fair and Beasley: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION ONE PERCENT SALES AND USE TAX AND THE HOLDING OF A SUBSEQUENT REFERENDUM IF THE TAX WAS NOT APPROVED AT THE INITIAL REFERENDUM, SO AS TO ELIMINATE THE AUTHORITY OF COUNTY COUNCIL TO CALL FOR A SUBSEQUENT REFERENDUM AND PROVIDE INSTEAD THAT THE REFERENDUM CAN BE CALLED ONLY UPON THE PETITION OF FIFTEEN PERCENT OF THE REGISTERED VOTERS OF THE COUNTY, PROVIDE THAT A REFERENDUM FOR THIS PURPOSE MUST NOT BE HELD MORE OFTEN THAN ONCE IN TWENTY-FOUR, RATHER THAN TWELVE, MONTHS, AND PROVIDE THAT THE REFERENDUM MUST BE HELD IN A GENERAL ELECTION YEAR.

Referred to Committee on Ways and Means.

H. 3667 -- Reps. Wright, Klapman and Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.

Referred to Committee on Ways and Means.

H. 3668 -- Rep. Lanford: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA CEMETERY BOARD FOR FIVE YEARS.

Referred to Committee on Labor, Commerce and Industry.

H. 3669 -- Rep. Wofford: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RECEIVE FEDERAL AND STATE TAX REFUNDS FROM AN OBLIGOR WHO IS DELINQUENT IN HIS COURT-ORDERED CHILD SUPPORT AND WHO QUALIFIES FOR SUBMITTAL UNDER STATE OR FEDERAL LAW EVEN IF THE OBLIGOR IS IN COMPLIANCE WITH A COURT ORDER REQUIRING PERIODIC PAYMENTS TOWARD SATISFACTION OF THE DELINQUENCY OR THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE BY COURT ORDER.

Referred to Committee on Judiciary.

H. 3670 -- Reps. Meacham, Neilson, Baxley, Waites, A. Young, Corbett, Kempe, Kirsh, Cork, Gonzales, Beatty and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST DETERMINE WHETHER ANY FILL MATERIAL USED BY IT IS ENVIRONMENTALLY SAFE BEFORE USE AND MUST COVER THE AREA FILLED IMMEDIATELY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. J.W. JOHNSON moved that the House do now adjourn.

POINT OF ORDER

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

H. 3301--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3301 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

Whereas, the 1974 Federal Employee Retirement Income Security Act subjects "insured" health care plans to state regulation while exempting "self-funded" health care plans; and

Whereas, the preemption provision of this federal act prevents the General Assembly from enacting laws to protect participants of "self-funded" plans who may not be protected adequately under the limited federal standards; and

Whereas, the lack of state regulation places participants of "self-funded" health care plans at a greater risk than those enrolled in "insured" plans. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina memorialize Congress to correct the disparate treatment of "insured" and "self-funded" health care benefits by permitting state regulation of "self-funded" health care plans.

Be it further resolved that a copy of this resolution be forwarded to the members of this state's congressional delegation.

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

H. 3428--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3428 -- Rep. Baxley: A CONCURRENT RESOLUTION URGING THE UNITED STATES DEPARTMENT OF JUSTICE TO DENY PRISONER OF WAR STATUS TO MANUEL NORIEGA.

Whereas, America is free because of her Armed Forces' veterans, and the citizenry of this country has historically shown their gratitude to those valiant men and women of our armed services who have died while protecting our freedom; and

Whereas, the courage, the endurance of adversities, and physical and mental torturing by enemy captors, and the sacrifices made by America's brave service members must always be honored; and

Whereas, many thousands of South Carolinians have given their lives for their country in World War I, World War II, the Korean Conflict, and the Vietnam War, and over 685,000 United States citizens have given their lives nationally during these hostilities; and

Whereas, there were over 8,500 service members left behind somewhere in North Korea -- either as Prisoners of War or Missing in Action; and, the Vietnam War ended in 1973 and today there are still more than 2,300 POW/MIA's unaccounted for from that war; and

Whereas, there are even civilian POW's who served in the Philippines who are not eligible for POW status; and

Whereas, our service members and former Prisoners of War, who have given their lives for this country, are laid to rest in places known and unknown throughout this country and around the world; and

Whereas, tribute must continue to be paid to those POW's who served the cause of freedom and lost their freedom -- for they know, the price of freedom is never free; and

Whereas, to grant Manuel Noriega Prisoner of War status and the resultant benefits is a travesty and makes a mockery of the sacrifices of our Armed Forces members; and

Whereas, there has not been a recent state of war declaration between the United States and the country of Panama; and

Whereas, Manuel Noriega was not brought to this country as a military prisoner or state official, but rather under federal criminal indictment as a fugitive from the American justice system; and

Whereas, at the present time, American heroes are being held as prisoners of war on foreign soil; and

Whereas, the members of the South Carolina General Assembly, by this resolution, would also like to demonstrate their unwavering support for the members of our Armed Services, especially the POW's and MIA's. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina urges the United States Department of Justice to reexamine its preliminary agreement with Manuel Noriega's attorneys and to deny the Prisoner of War status and any and all related entitlement to Manuel Noriega.

Be it further resolved that the General Assembly of the State of South Carolina urges the United States Department of Justice to treat Mr. Noriega as a suspected criminal, in violation of U. S. Federal drug-trafficking charges.

Be it further resolved that the General Assembly of the State of South Carolina also urges the U.S. Department of Justice to continue to work with the government of Panama to arrive at a waiver to any and all entitlements, benefits, or any type of renumeration, which might result from the granting of Prisoner of War status under the terms of the Geneva Convention of 1949, should that be determined.

Be it further resolved that copies of this resolution be forwarded to the U.S. Department of Justice, the National Security staff, the presiding officers and the majority and minority leaders of both Houses of the Congress of the United States, to the Secretary of the Senate and the Clerk of the House of Representatives of the Congress of the United States, to the South Carolina members of the U.S. Congress, and to Mr. John Northrup, Legislative Chairman, South Carolina Department of American Ex-Prisoners of War.

Rep. BAXLEY explained the Resolution.

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

Rep. HASKINS moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 46 to 28.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3653 -- Reps. Rogers, J. Brown, Burriss, Corning, Cromer, Quinn, Scott and Waites: A CONCURRENT RESOLUTION CONGRATULATING THE STATE NEWSPAPER OF COLUMBIA ON ITS ONE HUNDREDTH ANNIVERSARY AND EXTENDING THE PUBLISHERS, EDITORS, WRITERS, AND STAFF OF THE STATE BEST WISHES FOR AT LEAST ANOTHER CENTURY OF JOURNALISTIC EXCELLENCE AND SUCCESS.

ADJOURNMENT

At 11:25 A.M. the House in accordance with the motion of Rep. BURCH adjourned in memory of Dr. Rance Mack of Pageland, to meet at 10:00 A.M. tomorrow.

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